What are the criteria for an E-1 Treaty Visa?

What is an E-1 Visa?

Filing for E-1 nonimmigrant classification allows for a foreign national of a treaty country (a country the United States holds a treaty of commerce and navigation) to be permitted to enter the U.S. with the exclusive intent of participating in international trade on their own behalf.  Certain personnel of such a person or of a qualifying organization may also be eligible for this classification, as well as spouses and family members that meet strict requirements (these can be found here). Qualified treaty traders and employees will be given a maximum initial stay of two years.  Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-1 nonimmigrant may be granted.  All E-1 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. 

E-1 Treaty Traders Qualification Questionnaire

Although there are numerous stringent requirements for admittance to the United States under the E-1 Visa, the following requirements have been identified by the USCIS as especially relevant: 

  • General Qualifications
      • Are you a national of a country with which the United States maintains a treaty of commerce and navigation?
      • Do you carry on substantial trade?
      • Can your organization carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification?
      • Are you the same nationality of the principal alien employer (who must have the nationality of the treaty country)?
      • Do you meet the definition of an “employee” under the relevant law?
      • Are you either engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications?
  • Special Qualifications
    • Do you have a degree of proven expertise in the employee’s area of operations?
    • Do others in the United States possess the employee’s specific skills?
    • What is the salary that the special qualifications can command?
    • Whether the skills and qualifications are readily available in the United States

At Cervitude IR, we help attorneys and clients of attorneys put together business plans for E1 Visa applications.  More information on our E1 Visa Business Plan writing service can be found here.  Pricing for our immigration visa business plan writing service can be found here.  If you need help putting together a visa business plan, contact us today.

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