The E-1 Visa for Treaty Traders is a non-immigrant visa that allows foreign nationals from a treaty country to carry on trade of a substantial nature, which is international in scope, either on the foreign national’s behalf or as an employee of a foreign company engaged in trade between the United States and the foreign country.
In order to obtain E-1 visa or status, the following has to be established: (i) a treaty exists; (ii) the individual or business possesses the nationality of the treaty country; (iii) the activities the foreign national will engage in constitute trade; (iv) the trade is “substantial”; (v) the trade is principally between the US and the treaty country; and (vi) the foreign national intends to depart the US when the E-1 status terminates. “Substantial” means an amount of trade sufficient to ensure a continuous flow of international trade between the US and his country.
Employees of a foreign company may qualify for E-1 status if (1) they are engaged in duties of an executive or supervisory character, or (2) have special qualifications that make the services to be rendered essential to the efficient operation of the enterprise.
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Please note that this article does not constitute a legal advice. We simplified the law in order to outline the E-1 process. If you would like to discuss if you may qualify for E-1 status, call our experienced E-1 attorney at 480-425-2009 or contact an experienced E-1 attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your E-1 visa.