E-1 Treaty Trader Visa

The E-1 nonimmigrant visa, also known as the Treaty Trader visa, allows individuals from certain countries to enter the United States for the purpose of engaging in international trade. This visa is specifically designed for individuals who come from countries that have a treaty of commerce and navigation with the U.S. The U.S. has signed treaties of commerce and navigation with over 80 countries, including the United Kingdom, Japan, Germany, Mexico, and many others.

Qualifications for E-1 Visa

• The applicant must be a national of a treaty country
• The applicant must be coming to the U.S. solely to engage in substantial trade between the treaty country and the U.S. The term “substantial trade” refers to a continuous flow of international trade items, such as goods, services, or technology, between the treaty country and the U.S.
• The trade must be primarily between the treaty country and the U.S., rather than with third countries
• An applicant may also be an employee of a treaty trader or a company that has the nationality of the treaty country
• The employee must be in a supervisory or executive position or possess specialized skills that are essential to the operation of the enterprise
• The employee must have worked for the treaty trader or the qualifying company for at least one continuous year within the past three years

The E-1 visa allows the applicant to enter the U.S. for an initial period of up to two years, with the possibility of extensions. The visa holder can engage in trade activities, establish a presence, and oversee the operations of the treaty trader or qualifying company in the U.S. The visa holder can also bring their spouse and unmarried children under the age of 21 to the U.S. as dependents.

One of the significant advantages of the E-1 visa is that there is no maximum limit on the number of extensions that can be obtained. This means that as long as the employee continues to meet the eligibility requirements, they can keep extending their stay in the U.S. Additionally, the spouse of the E-1 visa holder can apply for work authorization, allowing them to work for any employer in the U.S.

The main drawback to the E-1 is that because it is a nonimmigrant visa, it does not provide a direct path to permanent residency or citizenship in the U.S. However, individuals on the E-1 visa can explore other options, such as the EB-5 investor visa or the employment-based immigrant visa, if they wish to gain permanent resident status.

Due to its numerous benefits and flexibility, the E-1 visa provides a unique opportunity for treaty traders to expand their business operations and take advantage of the vast U.S. market. Therefore, this visa is a valuable option for individuals from treaty countries who are involved in substantial international trade and wish to establish a presence in the U.S. Our knowledgeable immigration professionals at US-ILC can help applicants who believe they may qualify for an E-1 to pursue this highly beneficial visa option.