The E-1 “Trader” Visa
The E-1 is for foreign businessmen who want to start up or buy a U.S. business. This is a “trade” visa. If majority of the U.S. Company’s transactions are with the person’s homeland country, then the E-1 could be your ticket to working and living in the U.S. An import/export business would be a perfect example. Mr. Barone discusses the E-1 below and provides some straight forward answers to frequently asked questions about this business immigration visa.
What is the E-1 Trader visa?
The E-1 visa is for “Traders” and is a nonimmigrant visa that permits a business person and his/her family to work and live in the U.S. No particular investment of money is required. The key to this visa is the amount of “trade” done by the U.S. business.
What are requirements for the E-1 Trader Visa?
The basic requirements for the E-1 trader visa are:
- There must be a trade treaty between the U.S. and the applicant’s country;
- The individual or business must possess the same nationality as the treaty country;
- The business activities must constitute “trade”
- The trade must be “substantial”
- Trade must be principally between the U.S. and the treaty country
- The applicant must intend to depart from the U.S. when the E-1 status terminates.
How can I find out if my country has a trader treaty with the U.S.?
Click here for list of Treaty Countries that have E-1 trader agreements with the U.S.
What does “nationality of a business” mean?
The nationality of a business is the same nationality as its owner(s). Therefore, the nationality of the owner of at least 50% of the U.S. company will confer his/her same nationality onto the company. And, yes, 50% will satisfy.
What constitutes Trade?
Trade for E-1 purposes must be an exchange of goods, monies or services and must be “international” i.e., between the U.S. and the treaty country.
How much trade is considered to be substantial?
“Substantial” means a continuous flow of goods or services with numerous transactions. Volume of trade is the key and over 50% of the total volume of international trade must be between the treaty country and the U.S. Company. The remainder of the trade can be with other countries or domestically within the U.S.
How long is the E-1 trader visa valid for?
It depends upon the particular treaty between your country and the U.S but Canadians, for example, can get approved for five (5) year visas. The E-1 visa is renewable for as long as the applicant is conducting business in the U.S.
What about my spouse and children?
Spouses and children under 21 may also receive derivative E-1 visas. The nationality of a spouse or child of an E-1 visa treaty trader does not govern eligibility for derivative E-1 visa status.
Can my spouse and children work in the U.S. if they get E-1 visas?
Spouses may apply for and obtain employment authorization. Children can attend school but cannot obtain employment authorization.
Do I have to maintain my foreign residence while in the U.S. on the E-1 visa?
No. E-1 visa holders do not have to keep their foreign residences. The E-1 visa is temporary, however, and the applicant must declare intent to depart the U.S. when the E-1 visa is terminated.
Is the E-1 visa the same as green card?
No, the E-1 is temporary. The green card is permanent.
Describe the general process in getting an E-1 trader visa?
Because a “visa” is required, application for the E-1 visa must be made to the State Department at an American Embassy or Consulate in your homeland. Proper application forms are submitted along with evidence of your qualification for the E-1. If your evidence of qualification is acceptable and your application is approved by the Consulate, then you are called in for an interview appointment and the E-1 visa is stamped into your passport.
Can employees of the treaty trader, E-1 visa holder, get E-1 visas?
Yes. But the employee must also have the same nationality as the U.S. Company and must prove that he/she is or will hold either an executive or supervisory position or is an essential employee. There is an additional burden to show how long the employee will be needed.
If I’m already in the U.S. on some legal status, can I still apply for the E-1?
Yes. Individuals in the U.S. may change their status to the E-1 status or extend their E-1 status by filing the necessary documents with the appropriate U.S. Citizenship and Immigration Services (USCIS) Service Center. However, they will still need a visa for when they travel outside the U.S. in order to re-enter.
I thought Canadians were exempt from getting visas?
True in most cases but not for the E-1 visa. Canadians are not exempt from applying for an E-1 "visa." Canadians will not be readmitted to the U.S. at a port of entry without first applying for the E-1 visa at a U.S. Consulate.
What if I have an inadmissibility problem?
If an individual has an inadmissibility problem, an E-1 visa may be the most expeditious way of obtaining an INA § 212 (d) (3) waiver because the waiver is processed at the Consulate along with the E-1 visa application. This can shortcut 6-9 months of waiting for immigration to process the waiver request.
Can I email Mr. Barone with some questions?
Yes. Emailing is free. Just click here: abarone@srwlawyers.com with your questions.
Can You give me some examples of E-1 case?
Yes. See Examples of E-1 Cases.
How can I get specific questions about my case answered?
For that, it would be necessary to speak with Mr. Barone and have a consultation – much like a Doctor must do in order to give you an accurate diagnosis.
Tell me more about a Consultation?
Information is valuable. A consultation is an informational session spent with Mr. Barone getting the details of your case. Confidential specific questions and answered are exchanged. Your qualifications and your immigration goals will be discussed. He will analyze your facts and tell you what your options are, if any. If you do have options, then he will provide an immigration strategy and a plan and tell you what the legal fees and costs will be. The consultation can be by telephone and is not timed. In fact, the consultation continues beyond one session if you have follow-up questions. The charge is $180.00 and there is no additional charge for follow-up questions. If Mr. Barone is engaged as the attorney, the cost of the consultation will be credited to your total legal fees. If you’re interested, email him for an appointment at abarone@srwlawyers.com.