The E-1 Treaty Trader Visa
Introduction
The E-1 Treaty Trader visa category allows certain foreign
nationals to work temporarily in the U.S. in order to carry
on substantial trade, including trade in services or technology,
between the United States and the foreign country of which
they are a national. In many cases, an E-1 visa can be granted
to an individual who is an employee of a treaty trader if he/she
holds the same nationality as the foreign employer and seeks
admission to the U.S. to engage in duties that require special
qualifications (either executive, managerial, supervisory) essential
to the operation of the enterprise. A foreign national may also
qualify for E-1 status if he or she intends to develop and direct
the operations of an enterprise in which he or she has invested,
or of an enterprise in which he or she is actively in the process
of investing a substantial amount of capital.
E-1 visa holders are initially granted a period of admission for
two (2) years with an unlimited number of two-year
extensions of status.
Immigration Law Associates, PC is well versed and experienced
in preparing E-1 visa applications on behalf of foreign corporations
seeking to bring essential executives and personnel to the U.S.
In addition, our firm also lends its knowledge to help foreign
entrepreneurs comply with the immigration requirements
necessary to establish a viable E-1 enterprise.
Elements of E-1 Visas:
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Important E-1 Concepts
E-1 concepts are key ideas that can govern an employer or
foreign national's use of the E-1 nonimmigrant visa category.
These ideas are also important considerations that may guide
how long an E-1 visa might be utilized and whether an employer
and/or prospective foreign employee might consider Permanent
Residence or perhaps another nonimmigrant visa category.
- The Trade Must Constitute an Exchange: There must exist an actual exchange of qualifying commodities such as goods, monies, or services to constitute transactions to be considered "trade." An exchange of a good or service for consideration must flow between the two treaty countries and must be traceable or identifiable. Furthermore, title to the trade item must pass from one treaty party to another.
- The Trade Must Be International in Scope: The purpose of the established treaties is to develop international commercial trade between the foreign country and the United States. Thus, the traceable exchange in goods or services must be between the United States and the treaty country. Engaging in purely domestic trade is not allowable under the E-1 visa category. In addition, trade between the treaty country and the United States must already exist (evidenced by existing binding contracts).
- The Trade Must Involve Qualifying Activities: For E-1 purposes, trade involves the commercial exchange of goods or services in the international market place. "Goods" is defined as "tangible commodities or merchandise having intrinsic value." "Services" is defined as "legitimate economic activities that provide other than tangible goods." Due to a rapidly changing business climate, many more services might benefit from E-1 classification. These include but are not limited to: international banking, insurance, monies, transportation, tourism, communications, data processing, advertising, account design and engineering, management consulting, technology and its transfer, and some news gathering activities.
- Initial E-1 Applications Where An Applicant Will Not Change His/Her Status in the U.S. to E-1 Will Require Consular Processing: Filing abroad at U.S. consulates results in a totally new and independent adjudication by the consular offices; the standards used by consular offices abroad are often more demanding and difficult to meet.
- Change/Extension of E-1 Status Within the U.S. Might Be Favorable: for instance, changing to E-status may happen when a foreign national is entitled to enter the U.S. in B-1 business visitor status in order to take initial steps to conduct trade in this country. The individual may be in a position in which the trading activities move more quickly than expected and require his or her immediate and continued presence. Now, with the new Premium Processing Service fee of $1,000, E-1 visa petitions can be adjudicated in the U.S. within fifteen days. Moreover, as long as the treaty-trader maintains the intention to leave the United States at the end of his or her lawful stay, his or her presence here for prolonged periods is permissible.
- The Spouse of an E-1 Visa Holder is Eligible for Employment Authorization.