Traders (E-1)

• 1 E-1 Treaty Trader Visa
• 2 Who is Eligible? What is a 'treaty foreign national?'
  • 2.1 Countries with Treaties allowing E-1 visas
• 3 How To Apply
• 4 Duration of the Visa
• 5 Status of Spouse and Minor Children

E-1 Treaty Trader Visa

To qualify for an E-1 trader visa, a foreign businessperson must be seeking entry into the United States to carry on trade in goods or services. The amount of trade is a big issue at the early stage of any E-1 business. It must be big enough to do more than just support you.

E-1 visas were originally restricted to import-export of goods, but the definition of trade has expanded greatly. I have worked on E visas for service companies in computer software and hardware, banking, insurance, transportation, communications, accounting, design and engineering, management consulting, tourism, and technology transfer.

You can receive a treaty trader visa if you meet all of the following requirements:

• You or your employer is a treaty foreign national. That is, at least 50% of the company is owned by people from the right country.
• You enter the U.S. to carry on 'substantial trade' between the U.S. your country.
• You work as an 'executive' or 'manager,' or you possess special 'essential skills' that make you vital to the employer's operations.
• You promise to leave the U.S. someday, when you no longer qualify for this visa.

An executive position is one that gives you great authority to set the policies of and direction for the business or a major part of it. A managerial position is one that gives you ultimate control and responsibility for a large proportion of the company's operations or a major part of it. However, supervision of low-level employees does not count.

The consulates are resisting our claims of essential skills more than before. We need to document that the employee's skills really are unique and specialized. We document how long the employee has worked with the company, how long it would take to train a replacement, and -- where helpful -- the salary paid for such a special employee. We have to convince the consular officer either that the employee can never be replaced or that the company is making reasonable, good faith efforts to recruit and/or train U.S. workers to perform the job.

Who is Eligible? What is a 'treaty foreign national?'

The E visa allows self-employment. This makes the E visa unusual and sometimes very useful. You can be the owner, or you can work in a capacity that is supervisory or executive or involves essential skills.

Employees can also qualify for E visas, if their companies are owned by 'Treaty Foreign Nationals'. Here are the countries that qualify as 'treaty foreign nationals' for E-1 visas:

Countries with Treaties allowing E-1 visas

Argentina, Aruba, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Gibraltar, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Netherlands Antilles, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia Montenegro, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia.

How To Apply

If you are applying for this visa for the first time, I almost always recommend applying at the US consulate in your home country. The consulates have "original jurisdiction" of these visas; they takes these applications seriously, so it is worth taking the time to prepare a really solid application.

Duration of the Visa

E visas are usually issued for a five year period, though the consulate can decide to grant a shorter time. Admission for each entry to the United States during the life of the visa is granted for a period of two years.

Extensions may be obtained for up to two years at a time, either by applying to Homeland Security or by simply traveling abroad and returning. Traders and investors can remain in the United States indefinitely as long as they maintain their eligibility and treaty status. Let me repeat this for anyone who was not paying attention: you can continue in this status forever. There is no limit. It is in some ways as good as a green card, and in some ways better.

Status of Spouse and Minor Children

A spouse and unmarried minor children are eligible for E visas and can even apply for work permits - an advantage over H-4 visas. Domestic servants of E visa holders can be issued B-1 visas with work authorization.