E-1 Treaty Trader Visa
A Foreign National is entering the United States for an indefinite time, based upon treaty of friendship, commerce and navigation or Bilateral Investment Treaty or other arrangements between the United States and country of which the alien is a national.
The person is entering solely to carry on substantial trade which is international in scope principally between the United States and the foreign country of which the alien is a national.
Principal employer and key employee are nationals of treaty country and enterprise or organization is 50% or more owned by treaty national.
Substantial trade:
Trade is defined as the international exchange of items of trade for consideration between the United States and the treaty country. Domestic trade is not counted in determining trade.
Trade must be principally with treaty country.
More than 50% of total volume of international trade must be between United States and treaty country.
The amount of trade cannot be based on a single transaction, regardless of how protracted or monetarily valuable.
Volume of exchanges is given more weight than the value of the exchanges.
For smaller businesses, income derived from the value of numerous transactions which is sufficient to support trader and their family constitutes a favorable factor in assessing existence of substantial trade.
Nationality of Corporation:
At least 50% of stock owned by nationals of treaty country permits joint venture.
Nationals owning stock who are not resident abroad must also be "E" status.
If employer is not a corporation, but an individual, must maintain "E" status.
Employees:
Employee can be a new hire and need not have worked for the company previously.
Privileges & Limitations for E-1 & E-2 Visas
Privileges:
Once awarded, this status may be maintained indefinitely through continuation of qualified trading activity.
Allows the principal trader and key employees to be actively employed in the enterprise.
Employee need not have worked for the company previously.
Visas are available for spouses and all unmarried dependent children under 21.
Spouses can apply for Employment Authorization Document (EAD) to work in the United States for a maximum period of two years.
Limitations:
Does not convert to permanent residence.
Visa extensions required - 2 year admission and extension of stay up to 2 years.
Principal employer is with nationality of treaty country.
Special problems with E-1 related to economic embargoes or sanctions on a country often render E-1 privileges inoperable.
Unmarried dependent children reaching the age of 21 and wishing to continue living in the United States must apply for their own visas.