E-1 Visa - Treaty Trader

Treaty Trader Eligibility for E-1 Visa

The E-1 visa is a non-immigrant classification which allows for a national of a Treaty country to be admitted to the United States solely to engage in international trade on their own behalf for a maximum initial stay of 2 years. Treaty traders and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty trader or employee.

The E-1 trader must meet the following qualifications to qualify for the E-1 visa:

1. Treaty Country - Be a national (citizen holding a valid Passport) of a country with which the United States maintains a treaty of commerce and navigation.

2. Substantial Trade - Carry on 'substantial trade'.

3. Principal Trade - Carry on 'principal trade' between the United States and the treaty country which qualifies the treaty trader for the E-1 classification.

4. Essential Employee - 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.

What is 'Trade'?

'Trade' is the existing international exchange of items of trade for consideration between the United States and the treaty country. Items of trade include but are not limited to:

• Goods
• Services
• International Banking
• Insurance
• Transportation
• Tourism
• Technology and its transfer
• News-gathering activities
• Tourism

'Substantial Trade' and 'Principal Trade'

1. Substantial trade - refers to the continuous flow of sizable international trade items, involving numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. While monetary value of transactions is an important factor in considering substantiality, greater weight is given to more numerous exchanges of greater value.

2. Principal trade - between the United States and the treaty country exists when over 50% of the total volume of international trade is between the U.S. and the trader's treaty country.

What are the Treaty Countries?

See below a list of the U.S. Department of State's Treaty Countries (as at 2018), of which nationals of these countries are eligible for either the E-1 Treaty Trader visa or the E-2 Treaty Investor visa or both visas:

• Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Grenada, Honduras, Iran, Ireland, Israel, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia

E-1 Visa Process

An application for the E-1 Treaty Trader visa requires:

• 1. Form DS-160 - Fill in the Online Nonimmigrant Visa Application, Form DS-160.
• 2. Photo - recent photo to be uploaded.
• 3. Book an Interview - Schedule an Interview at your neaest US Consulate.
• 4. Pay Visa Application Fee
• 5. Form DS-156E - Fill in the Nonimmigrant Treaty Trader/Treaty Investor Application, Form DS-156E (essential for all E-1 and E-2 visa applicants).
• 6. Additional Documents and Forms at Interview - provide evidence that the trading enterprise or investment enterprise meets the US legal requirements.
• 7. Digital Fingerprint Scans - biometrics done at your Interview.
• 8. Spouse - Employment Authorization - Add your Spouse to your E-1 Visa application as a dependent, which allows your Spouse to work in the US.