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Do I qualify for a US Treaty Trader Visa (E-1)?

Nationals of qualifying treaty countries may be eligible to obtain an E-1 visa.  First, to be eligible for a US Treaty Trader Visa (E-1), a treaty of friendship, commerce and navigation or a bilateral investment treaty must exist and be in force between the US and the country of nationality of the foreign company.  Below is a list of E-1 eligible countries the U.S. has entered into treaties with:

Secondly, to be eligible the company or individual engaging in trade in the US must have the same nationality as the treaty country.  If the first two conditions are met, then each employee or principal of the company, who seeks E status under the treaty, must be a national of the same country as their company. 

To be qualified for treaty-trade status, the company or individual must also conduct substantial trade principally with the U.S.  Acceptable trade can involve the international exchange, purchase or sale of goods or services between the U.S. and the treaty country.  Some examples of the many areas that are covered are data processing, advertising, design and engineering, law firms and technology transfer. 

The volume of trade must be substantial to justify the trader or their employee(s) being in the United States to manage the trade.  Also, the trade involving the U.S. must make up a majority of the trader’s international trade.  There is no minimum requirement as to the monetary value or volume of the said trade.  Treaty trader status is not based on a single transaction, regardless of how much money is involved.  Trade is considered substantial when there is a high volume of trade and a high number of transactions as well as a continuing trade flow.  Greater weight is usually given to numerous exchanges of larger value.  

Essentially, nationals of qualifying countries can apply for an E-1 visa in order to develop and direct import and export trade between their country and the U.S.  The types of employees of trading companies that are allowed to enter the U.S. to perform services for their company are typically supervisory or executive employees and employees with skills which are essential to the successful operation of the enterprise.  Ordinary skilled or unskilled workers are not eligible.  An E-1 can be a new hire, and is not required to have worked for the company in the past. 

If you qualify for an E-1 visa, you would be able to legally work in the U.S. for your E-1 visa sponsor for an initial period of up to five years.  However, if it is a new U.S. office being opened or there is general concern about the success of the company in the U.S., a one or two year E-1 visa may be issued.  When granted your E-1 visa, you would be able to bring any dependents to the U.S. with you,  travel freely in and out of the country, and ultimately stay in the U.S. with unlimited two or five year extensions so long as the E-1 qualifications are maintained.  Shihab & Associates Co., LPA has the skill and experience to assist you along every step of the way of the E-1 process.