United States VisaConnect

US Immigration Attorney - E-1 Trader Visa Advice

Our United States Immigration Lawyers are experienced, ethical, and registered with AILA (American Immigration Lawyers Association), and they can assist clients in our offices in Brisbane, Australia and in Hong Kong. Our US Attorney's can advise clients worldwide, with a fast and efficient Consultation by telephone or skype where they advise you about:

Contact VisaConnect's US Immigration Attorney's, in 2023 for advice and assistance with your E-1 Treaty Trader Visa application! Visit us in our offices in Brisbane, Australia, Singapore, Hong Kong, London, UK and Lisbon, Portugal.

E-1 Visa - Qualifications of a Treaty Trader

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:

What is 'Substantial Trade' and 'Principal 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 - 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?

The following are 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:

E-1 Visa - Application Process

The following steps are required to apply for the E-1 Treaty Trader visa:

1. Form DS-160 - Complete Online Nonimmigrant Visa Application, Form DS-160.

2. Photo -Upload your Photo.

3. Schedule an Interview You must schedule an appointment for your visa interview, generally, at the U.S. Embassy or Consulate in the country where you live.

4. Pay Visa Application Fee

5. Form DS-156E - Complete Nonimmigrant Treaty Trader/Treaty Investor Application, Form DS-156E (required for all E-1 and E-2 visa applicants).

6. Additional Documents and Forms at Interview - visa applicants must establish that the trading enterprise or investment enterprise meets the requirements of the law and complies with the many requirements for the E visa category. The Consular officer may provide you with special forms to complete for this purpose.

7. Digital Fingerprint Scans - taken as part of your application process, at the Interview.

8. Spouse - Employment Authorization - Spouses who wish to work in the US may apply for the E-1 visa as dependents, and complete the form I-765 work authorization, with USCIS, after the Spouse has arrived in the US. If approved, there are no specific work restrictions regarding where they may work.

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