E-1 Visa: Treaty Traders (DS-160)

The E-1 nonimmigrant category permits individuals from treaty countries—those with which the United States has a treaty of commerce and navigation, a qualifying international agreement, or has been recognized as eligible by legislation—to enter the U.S. specifically for the purpose of conducting international trade on their own behalf. Additionally, certain employees of these individuals or qualifying organizations may qualify for this classification as well.

Requirements

• You need to be a citizen of a country that has a treaty of commerce and navigation with the United States.

The E-1 visa is exclusively available to citizens of certain countries, nationals from the following countries can apply for the E-1 visa: Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Canada, Chile, Taiwan, Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, South Korea, Kosovo, Latvia, Liberia, Luxembourg, North Macedonia, Mexico, Montenegro, the Netherlands, Norway, Oman, Pakistan, the Philippines, Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, and the United Kingdom.

• The work you are conducting must be classified as “trade”

According to the U.S. Department of State, trade must involve: (1) a “significant” exchange, (2) an international aspect, and (3) a qualifying item, which can include goods, money, or services.

• The trade should primarily occur between the United States and the treaty country.

To ensure that the trade is primarily between the U.S. and the treaty country, at least 50% of the total volume of international trade carried out by the treaty trader must occur between the U.S. and that treaty country.

• You must be essential to the company’s success.

You need to present valid evidence demonstrating that you are essential for the company’s efficient operation. This may involve showcasing your position and qualifications as a supervisor, manager, or executive, or possessing other specialized skills.

• You need to present proof that you intend to leave the U.S. after your E1 visa status ends.

You must show that you will exit the United States once your E1 visa status comes to an end.

Duration

Eligible treaty traders and employees are granted an initial stay of up to two years. Extensions can be requested in increments of two years, with no cap on the number of extensions an E-1 nonimmigrant can receive. Essentially, as long as you maintain significant trade between the U.S. and your home country, you can remain in the U.S. for an indefinite period.

The Process

If you are located outside the U.S., you must apply for an E1 visa at a consulate or embassy in your home country

You must fill out the Form DS-160, the Online Nonimmigrant Visa Application, which is used by consular officers to evaluate your eligibility for the E1 visa and also you will have to complete Form DS-165E, the Nonimmigrant Treaty Trader/Investor Application, which includes details about you and your business.

After your application is finalized, the next step will be submitting all the necessary supporting documents to the consulate. Next, you will arrange a personal interview with a consular officer, who will inquire about your business and personal history. If the interview goes well, you should receive your E1 visa within a few days, permitting you to enter the U.S. under the visa’s conditions. Upon your arrival, you will obtain E1 status.

Change of Status

If you are currently in the United States on a valid non-immigrant status and have maintained that status continuously, you may be eligible to apply for a change of status to E1 status. This involves submitting a change of status petition to USCIS.

You will complete Form I-129, the Petition for a Nonimmigrant Worker, along with the E-supplement of this form on your behalf.

Benefits

The E1 Visa provides individuals with established trade connections to the U.S. the chance to reside in the country to grow and enhance their business.

Your dependents can remain with you as long as you maintain your E1 status, and they are also permitted to attend school.

You can remain for an extended period with unlimited two-year renewals, provided you maintain valid E1 status.

Although the E1 visa has numerous advantages, it comes with strict eligibility requirements and extensive documentation for the application. Additionally, specific rules apply to visa holders while they are in the U.S.

Engaging an E1 visa attorney can help you steer clear of expensive errors and improve your chances of approval. Experienced attorneys understand the E1 visa process, assist you in collecting the necessary documentation, and ensure you fulfill all E1 visa requirements.