E-1 Treaty Traders

The following information describes the E-1 Treaty Trader Visa for persons wishing to trade with a company in the U.S. Please note that the E-1 Treaty Trader Visa is not a substitute for an immigrant visa. Persons wishing to remain indefinitely in the U.S. should apply for the appropriate immigrant visa.

A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States: to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country may qualify for a nonimmigrant Treaty Trader visa.

Requirements: Treaty Trader Visa (E-1)

- The applicant must be a national of a treaty country; (see 9 FAM 41.51 N3)
- The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country; (see 9 FAM 41.51 N3)
- The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade; (see 9 FAM 41.51 N6);
- The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality; (see 9 FAM 41.51 N6);
- The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify. (See 9 FAM 41.51 N13); and
- The applicant intends to depart the United States when the E-1 status terminates.

How to apply

Applicants for Treaty Trader (E-1) status must first seek registration of the enterprise. To register an enterprise, the applicant must establish that the trading enterprise meets requirement of the law. See 9 FAM 41.51 and "Registering your Enterprise".

Once the enterprise is successfully registered, E visa applicants will be required to appear in person before a consular officer for a personal interview. The applicant has the burden of demonstrating eligibility for E Visa classification as an investor or employee. ( See 9 FAM 41.51 )

Processing Times

It may take up to 6 months for the consular office to process an E visa application, but visa processing times may vary depending on the consulate.

U.S. Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. The immigration officials at the port of entry have the authority to deny admission.

Spouses partners and children

Spouses and unmarried children under 21 years of age, regardless of nationality, who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative E visas. If applying separately from the principal, a copy of the marriage certificate and/or birth certificate(s) for the child(ren) will be required. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program (VWP).

E visa versus F-1

There is no requirement that the spouse and/or children of an E visa holder apply for a student (F-1) visa if they wish to study in the U.S.

Working on an E visa

As a result of a recent change in the law, spouses of E visa holders may seek employment authorization on derivative E visas. For further information, please contact the USCIS on your arrival in the United States.

Time Limits

Holders of E visas may reside in the United States until their visas expire and provided that they work for the same employer.

London, Nov. 2006

How PowerVisa Can Help

• We thoroughly evaluate your situation to determine the most appropriate eligibility class available to you.
• We provide personalized guidance in gathering supporting documents that will most effectively present your case to the immigration authorities or consulate officer.
• We carefully prepare and review your forms and documents prior to filing so as to minimize any requests for additional evidence or likelihood of rejection.
• We carefully monitor the progress of your case and provide you with 24/7 online access to your case status information.
• We provide personalized guidance and sample questions to thoroughly prepare you for your immigration / visa interview.
• We provide you with ongoing access to your own PowerVisa immigration lawyer for answering any immigration questions or concerns that may arise during the process.

We Serve Clients Worldwide

We accept clients from all 50 states and abroad. We are authorized to represent clients before all immigration courts and agencies in the United States and at U.S. Consulates and Embassies worldwide. Wherever you may be in the world, a PowerVisa immigration lawyer can help you accomplish your immigration objectives.

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E-1 Treaty Trader Visa

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