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The E-1 Treaty Trader Visa: An Overview

The E-1 Nonimmigrant Visa allows nationals of a treaty country to travel to the United Stated and be admitted to engage in the international trade between the applicant’s treaty country and the United States.

Dependents such as spouses and children under 21 years old can also receive an E-1 visa based on the principal applicant’s E-1 Treaty Trade visa. Spouses of E-1 visa holders are allowed to work without having to obtain a work permit during the visa validity and both spouses and children can attend school and live in the United States during the validity of the visa.

To qualify for an E-1 visa, the applicant must meet the following requirements:

  1. Be a citizen of a country with which the United States maintains a treaty of commerce and navigation, some examples of treaty countries are:

Argentina

Denmark

Mexico

Australia

France

Pakistan

Bolivia

Germany

Philippines

Canada

Honduras

Spain

Chile

Italy

Thailand

China

Japan

Turkey

Colombia

Jordan

United Kingdom

  2. Carry on substantial trade;

  • Substantial trade refers to an amount of trade sufficient to ensure a continuous flow of trade between the United States and the treaty country. The threshold to meet “substantial trade” also depends on the nature of the business.

  3. Carry on principal trade, 50% of the volume of international trade must be between the United States and the treaty country; and

  4. The petitioning entity in the United States must be owned, at least 50%, by nationals of the treaty country.

A beneficial aspect of the E-1 visa is that it can be renewed indefinitely; however, it does not provide a path to citizenship.

All of the following qualify as a form of trade:

  • Goods
  • Services
  • International banking
  • Insurance
  • Transportation
  • Tourism
  • Technology and its transfer
  • Some news-gathering activities

The validity of the E-1 visa depends on the treaty country. For example, for Mexican Nationals, the visa validly is 4 years. On the other hand, Spanish Nationals qualify for a validity period of5 years.

The E-1 visa is available for company owners, executive employees, managers, essential employees, and for highly specialized employees.

If you are interested in the E-1 Treaty Trader Visa process, get started by consulting with an experienced business immigration attorney.

By: Felipe Jimenez

Felipe Jimenez is a Staff Attorney at Reddy Neumann Brown PC. He works in the H-1B Department where he assists clients through all phases of the non-immigrant visa process.