Table of Contents
- E-1 Treaty Trader Eligibility
- What is 'Trade'?
- Substantial Trade
- Principal Trade
- Treaty Countries
- E-1 Visa Process
- US Attorney's Advice
E-1 Treaty Trader Eligibility
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
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.
Principal Trade
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.