E-1 Treaty Trader/Employee

The E-1 nonimmigrant classification allows a national of a country with which United States maintains a treaty of Commerce and Navigation to be admitted to the United States solely to engage in international trade on his or her own behalf. These treaties are designed to promote trade and investment between the USA and the other contracting state, thereby encouraging good relations and peace.

For a list of current countries with which United States maintains a treaty of Commerce and Navigation, please use the link below:

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

There are two ways to file for E-1 classification:

1. If Applicant is already in the United States on a different lawful nonimmigrant status:
   
   
   1. Applicant himself may file for request of change of status to E-1 Treaty Trader classification by filing Form I-129 and all supporting documents.
   2. Or the qualifying employer can file, on behalf of the Applicant, requesting change of status to E-1 Employee classification by filing form I-129 and all supporting documents.
      
      *If applicant is out of legal status and still living in the United States, he/she must immediately depart the United States and apply for an E-1 visa abroad.
2. If Applicant is outside the United States.
   
   Then the proper venue to file an application is with the appropriate Embassy or Consulate abroad.

E-1 Treaty Trader

To qualify as an E-1 treaty trader, the applicant must prove:

1. That he/she is a national of a country with which United States has a treaty.
2. That applicant’s Country and United States engage in Substantial Trade. Substantial Trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. While monetary value of transactions is an important factor in considering substantiality, greater weight is given to more numerous exchanges of greater value.
3. That the trade between the Applicant’s home country and United States is Principal Trade. Principal trade between the United States and the treaty country exists when over 50% of the total volume of international trade is between the U.S. and the trader’s treaty country.
   
   Since E-1 treaty visa applications center on the volume of trade between United States and the Treaty Country, the prospective applicant must demonstrate that:

• The individual and/or business possess the nationality of the treaty country;
• Business activities constitute trade;
• Trade is substantial and international in nature;
• Trade is principally between United States and the treaty country; and
• The individual intends to depart the United States when the E-1 status terminates.
  
  The purpose of E-1 Treaty Trader visa is to enable nationals of qualifying countries to develop and direct import/export of goods or services between their own country and the United States.

E-1 Employee

Key managerial and specialist employees can also apply for E-1 employee visa. The E-1 employee visa, unlike the L-1 visa, does not require employees to have worked for the trader for at least one year in the preceding three years. To obtain E-1 employee status, the following are eligibility requirements:

• The employee must be a national of the treaty country;
• The employee’s employer must either be in valid E-1 status, or if outside of the U.S., the employer is classifiable under E-1 status;
• The employee is coming to the United States to fill an executive or supervisory position, or has special qualifications essential to the firm’s operations in the United States; and
• The beneficiary intends to depart the United States when the E-1 status terminates.

Family of E-1 Treaty Traders and Employees

Treaty traders and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty trader or employee. These family members may seek E-1 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.

Spouses of E-1 workers may apply for work authorization. If approved, there is no specific restriction as to where the E-1 spouse may work.

E-1 Treaty Trader/Employee FAQs

https://www.immigrationlawadvisor.com/e1_and_e2_visa_faq.php