US E1 Visa – Treaty Trader Visa

The E1 visa, also known as the Treaty Trader Visa, is a non-immigrant visa for someone who trades with the United States. Trade must be conducted between the United States and an E1 visa country in which the United States has a trade and investment treaty.

In this article you will find answers on questions about the E1 visa validity, what that is, the requirements, privileges, E1 for dependents and more.

What are the US E1 visa privileges?

The E1 visa enables a sole trader or a corporation with trade representatives to travel to the United States to continue their business. Transportation, correspondence, accounting, advertisement, management, and other industries are examples of trades. There are no restrictions on the type of industry in which the exchange must take place.

Furthermore, the exchange for an E1 visa must be important. The term “substantial trade” refers to the bulk and constant exchange of goods and services. Since the amount of trade requires to apply for an E1 visa varies by industry, the regulations do not prescribe a minimum amount of trade.

E1 visa holders are permitted to work in the United States with the business of trading, but they are not permitted to change employers without jeopardising their E1 visa status. E1 visa holders are also permitted to study by enrolling in a few courses at a university, but they are not permitted to enrol in full-time study because they will be unable to participate in the job or trade required by the E1 visa.

What are the countries that are part of the E1 Treaty?

The following countries are members of the E1 Treaty:

Argentina	Estonia	Korea (South)	Philippines
Australia	Ethiopia	Kosovo	Poland
Belgium	Finland	Latvia	Serbia
Bolivia	France	Liberia	Singapore
Bosnia and Herzegovina	Germany	Luxembourg	Slovenia
Brunei	Greece	Macedonia	Spain
Canada	Honduras	Mexico	Suriname
Chile	Iran	Montenegro	Sweden
China	Ireland	Netherlands	Switzerland
Columbia	Israel	Norway	Thailand
Costa Rica	Italy	Oman	Togo
Croatia	Japan	Pakistan	Turkey
Denmark	Jordan	Paraguay	United Kingdom
			Yugoslavia

On January 24, 2020, the 1995 Treaty of Amity, Economic Relations, and Consular Rights with Iran will come to an end. As a result, Iranian residents are no longer qualified for the E1 visa.

Who can apply for the US E1 Treaty Trader Visa?

To be eligible for the E1 visa, you must meet the criteria below. If you do not follow these guidelines, your E1 visa application will be rejected.

The eligibility requirements for the US E1 visa:

• You must be a part of the international trading community.
• You must be a citizen of a nation in which the United States has a trade agreement.
• If you work for a corporation, at least half of it must be owned by citizens of a country with which you have a trade treaty.
• A senior role, such as supervisor, manager, or executive, is required.
• You must be a dependent of someone who meets the above requirements (spouse or unmarried child under 21 years old).

How to get an E1 Visa?

Depending on your situation, you can apply for an E1 visa through USCIS (United States Citizenship and Immigration Services) or by a US Embassy from outside the US.

Inside the United States

If you are applying from within the United States and will be directly involved in foreign trade, you must file Form I-129, Petition for a Nonimmigrant Worker.

Filing fees and other documents to prove nationality, trade relationship, and intent to return to your home country are also needed. The request will then be processed by USCIS, and you will receive an acceptable response. If your request is approved, USCIS will issue a Form I-797, Approval Notice, to you or your employer.

Outside of the United States

If you live outside of the United States, you must apply to your home country’s US Embassy. It takes longer to apply from outside the United States. It entails the following procedures:

• Fill the nonimmigrant Visa Application Form DS-160 – fill in the required details and you will receive a confirmation page, which you will use for your documentation later.
• Pay the visa application fee – the E1 visa costs $205. Depending on your country of origin, you might be required to pay extra fees such as visa issuance fees or reciprocity fees.
• Make an appointment for your visa interview – due to the US Embassy’s heavy workload, you can arrange your interview as soon as possible to prevent long waits. All visa applicants over the age of 13 and under the age of 80 must meet with a US Embassy official for an interview. You will be sent a visa appointment letter when you arrange your interview, which you must bring with you to the interview.
• Prepare all the necessary documents to bring to the interview such as:
  • your passport must be valid.
  • If you work for a corporation, you must send documentation proving the company’s nationality and membership in a treaty trade country.
  • One photograph that meets the US Visa photo criteria and attach it to the DS-160 form.
  • Page 2 of the DS-160 confirmation form.
  • Form DS-156E, Treaty or Trader Investor Application, has been completed.
  • Receipts proving that you have paid the necessary fees.
  • Letter of appointment for a visa.
  • Employer’s letter outlining your role and how you are essential to foreign trade.
  • Letters or records demonstrating that you or the organisation you work with has significant trade with the United States. Property deeds, apartment leases, and other documents that show your intention to return to your home country.
• Attend the interview on time – US Embassy officials will query you about your character and the intent of your visit to the US during the interview. The official will also try to figure out whether you plan on returning to your home country. Your visa status could be jeopardised if they believe you want to remain in the United States indefinitely.

How long does the E1 take to process?

If you applied from inside the United States, the E1 visa processing period is determined by the caseload of the US Embassy or USCIS. However, the average turnaround period from the time you file your application is two to four weeks. You will be told if you were granted the visa or refused it after the application period has ended.

For how long the E1 visa is issued for?

If the US Embassy or USCIS decides that you meet the criteria and issues you a visa, it will only be valid for a limited time, which is for two years at first. This means you have two years to conduct foreign trade in the United States. After that, you have some choices for continuing your stay or returning to your home country.

You can leave the United States and return via a Port of Entry if you continue to meet the requirements of the E1 visa and are qualified as an international trader (POE). The E1 visa may be automatically extended for another two years in some cases.

Is it possible to extend the E1 visa?

E1 visa holders in the United States are eligible for indefinite extensions as long as they fulfil the E1 visa requirements and demonstrate a consistent intent to return to their home country. To submit the extension form you have to file the Form I-129 and Form I-539, as well as application to Extend or Change Status, are required to apply for an extension.

You must also attach:

• Copy of your passport,
• Copy of your Form I-94 (which you received when you entered the US), 
• Copy of Form I-797, US tax records,
• Evidence that your stay in the US is necessary to continue the trade are all needed.

Can I get the Green Card with the E1 visa?

Going from an E1 visa to a Green Card is challenging because you will have to prove your return to your home country after your visa expires and your work is done. It is not, however, impossible. Finding a job and an employer willing to fund your stay is the simplest choice. You will then apply for a Green Card by changing your status to an H-1B visa.

Bringing dependents with a US E1 Visa

You can take your dependents to the United States on an E1 visa such as spouses and unmarried children under the age of 21. Dependents may apply for an E1 visa at the same time as the primary E1 applicant or later. They must demonstrate a partnership with the E1 visa holder in order to qualify for the E1 visa as dependents.

Birth certificates for children and marriage certificates for partners have to be included. Due to the fact that the United States does not accept multiple partners, only one marriage certificate is valid. Same-sex partners, on the other hand, are permitted to apply.

Sources

• [1] https://www.uscis.gov/working-in-the-united-states/
• [2] https://travel.state.gov/content/travel/en/us-visas/employment/
• [3] https://www.uscis.gov/forms/explore-my-options/