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What is an E1 Visa?

The E1 Visa is a non-immigrant visa that allows foreign nationals to enter the United States for trade-related purposes. It is designed for business owners and employees who wish to work for an enterprise or personally engage in trade (imports/exports) with the United States. Applicants must be citizens of countries with which the US maintains a Treaty of Commerce and Navigation.

US International Treaties Scheme

The United States maintains treaties of Friendship, Commerce, and Navigation with various countries. These treaties allow citizens from these countries to enter the US to promote trade and investment through specialized schemes:

  • E1 Treaty Trader: For businesses and individuals carrying out substantial trade between their home country and the US.
  • E2 Treaty Investor: For individuals ready to make a significant investment in a US enterprise in which they control a minimum of 50% ownership.
  • E3 Specialty Occupation Professionals for Australians: For Australians entering the US to engage in a specialty occupation role.

Understanding “Substantial Trade”

"Substantial trade" is defined by the United States Citizenship and Immigration Services (USCIS) as continuous trade between the US and the applicant's home country involving numerous transactions over time.

Examples of trade include:

  • Exchange of goods and services
  • International banking
  • Communications
  • Insurance
  • Tourism
  • Other international services

There is no specific minimum monetary value or volume for each transaction, but higher volume activities are prioritized.

E1 Visa Requirements

For Business Owners:

  • Must be a national of one of the 78 countries with which the US has a treaty of commerce.
  • Engage in substantial trade.
  • Conduct principal trade between your country and the US, with at least 50% of the trade being between these two countries.

For Employees:

  • Must have the same nationality as the E1 employer.
  • Must carry out either an executive or supervisory role, or have special qualifications essential to the business operation.

How to Apply for an E1 Visa

1. Complete Form DS-160:

  • Fill out the Online Nonimmigrant Visa Application form.
  • Print the confirmation page.

2. Upload a Photo:

  • Upload a photo while completing the application.

3. Payment:

  • Pay the required fee for the application as specified on the embassy/consulate website.

4. Schedule an Interview:

  • Schedule an interview at a US embassy or consulate in your country of residence.
  • Interviews are generally required for applicants between the ages of 14-79.

Required Documentation

General Documents:

  • Valid passport (valid for at least 6 months beyond the period of stay).
  • Form DS-160 confirmation page.
  • Nonimmigrant Treaty Trader, Form DS-156E.
  • Visa fee payment confirmation.
  • Recent passport-sized photograph.
  • Cover letter summarizing the E1 visa requirements and how you and your business meet them.
  • Proof of relationship for dependents (marriage certificates, birth certificates).

Supporting Documents:

  • Proof of Nationality: Copy of the biographical page of your passport.
  • Proof of Business Ownership:
    • Sole Proprietorship: Business registration documents.
    • Partnership: Partnership or joint venture agreement.
    • Corporation: Stock or shares certificates showing ownership distribution.
  • Trade Documents: 
    • Bills of lading
    • Purchase orders
    • Letters of credit
    • Sales contracts
    • Client lists
    • Insurance papers

Attend Your Visa Interview

  • Bring all required documents to your interview.
  • Provide fingerprints if required.
  • The consular officer will decide if you qualify for the E1 visa. You may need to pay a visa issuance fee depending on your nationality.

Conclusion

The E1 Visa facilitates trade-related activities between the US and treaty countries, offering business owners and key employees an opportunity to engage in substantial trade. Ensure you meet all requirements and provide comprehensive documentation to enhance your application's success.

For more detailed assistance, contact Yellow Law Group.

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