Immigrants have access to many visa options, allowing them to live and work in the United States long-term. And one of these options is the E-1 treaty trader visa. If you meet the E-1 visa requirements, this can be one of the best options that allows you to stay in the U.S. long-term as either an employee or business owner. So, keep reading to find out what the treaty country visa is, who qualifies for it, and how you can start the application process.
What is an E-1 Visa?
Firstly, we need to discuss what an E-1 treaty trader visa actually is. The E-1 trade visa is a category of nonimmigrant visa available for individuals from treaty countries. This category directly encourages trade between treaty countries and the United States.
Because of the nature of this type of visa, the number one requirement is that you are a citizen of a treaty country. And the good news is that the United States has a treaty of commerce with 78 other countries.
Who Qualifies for an E-1 Visa?
The number one treaty trader visa requirement for anyone who wants to use this visa to come to the U.S. is that you must be a legal citizen of a treaty country. You also need to be directly involved in facilitating substantial trade between your home country and the United States. This includes carrying out principal trade between the two countries through the E-1 classification.
Principal trade is the term used to describe when at least 50% of the international trade is between the treaty country and the United States. This simply means that a large and continuous volume of trade is going on between the treaty country and the U.S. It’s important to find ways of proving that you meet this eligibility requirement, as it is one of the most important yet tricky criteria.
Also, due to the nature of these requirements, the trade visa can be used for both business owners or their employees.
What Counts as Trade?
Immigration law uses a lot of specific terms to describe different immigration pathways and options. In order to apply for the right type of visa and meet the requirements, you must understand what these terms mean and how they apply to you.
For example, the term trade for an E-1 treaty trader visa covers a broad range of trades that you can bring to the U.S. This can include the exchange of goods or the provision of different services. With modern-day technology, this now also include international banking or technology transfers.
E-1 Treaty Trade Visa Application Process
The next thing you need to know if you plan on applying for an treaty trader visa is the E-1 visa application process. The first thing you need to understand is that the application process will be different depending on whether you’re a business owner or an employee. The application process can also be impacted by where you apply from.
For those currently in the U.S., you will need to apply through form I-129. Employees living in the U.S. will need their company to file form I-129 on their behalf.
If you apply from outside of the United States, especially as a treaty trader or business owner, the application process can be a bit more difficult. To start this process, you need to first register your business with the E-visa unit, and from there, you can file the DS-160 application.
The E-visa unit will review your application, and you will need to attend an interview at the U.S. embassy. Employees of registered companies have the ability to go ahead and schedule their visa interview through the U.S. visa appointment service.
The wait time before you receive a decision regarding your application is usually between 2 and 4 weeks.
E-1 Visa Documentation
Especially for treaty traders, providing the right forms of documentation is essential for getting approval. Here is a breakdown of the necessary documentation you usually need to provide with your application:
- A cover letter.
- Confirmation of your completed application forms.
- A copy of your application fee payment receipt.
- A photocopy of your passport.
- Photocopies of any previous U.S. visas.
- Your CV.
- Copies of applicable educational certificates.
- A letter describing your company, title, qualifications, and salary, if you’re an employee.
- Evidence of your continued residency in the treaty trader country.
- A signed statement of intent showing that you plan on departing the U.S. when your status is terminated.
E-1 vs. E-2 Visa Comparison
If you are ready to start the application process for a treaty trader visa, you may wonder whether or not you should choose an E-1 vs E-2 visa. Although both are a part of the general E visa category, they are designed for different purposes.
The E-1 visa is available for the sole purpose of allowing immigrants to carry on substantial trade in the United States with a treaty country. On the other hand, an E-2 visa is designed solely to allow the immigrant to develop and direct the operations or services of a treaty company they have invested in.
So the main difference between these two types of visas is that an E-1 visa is for business owners or employees, and an E-2 visa is for treaty investors.
Hire an Immigration Attorney Today
Are you unsure of how to get started when applying for a substantial trade visa for the USA? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Is there a minimum investment requirement for E-2?
While there isn’t a fixed investment amount required for E-2 visa applicants, larger investments have the highest rate of approval.
How long is the E-1 visa valid?
The E-1 visa is usually valid for increments of 2 to 5 years, depending on the treaty terms. One of the benefits of an E-1 visa is that you can continue to apply to have your visa renewed as needed.
Can my spouse work in the U.S.?
Yes, your spouse can come with you and work in the U.S. as long as they apply for work authorization.
