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Does “trade” include only international exchange of goods for purposes of E-1 visa?

E-1 visa requires (a) a treaty, (b) the individual or business possess the nationality of the treaty country, (c) the activities the applicant will engage in constitute “trade”, (d) the trade is substantial and (e) principally between the US and the treaty country, (f) if an employee is the applicant, (s)he is destined to an executive or supervisory position or possesses essential skills to the US operation and (g) intends to depart the US when the E-1 status terminates.

The items of “trade” include but are not limited to goods, services, international banking, insurance monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and some news-gathering activities.   As you can see, it does not have to be only physical goods.  Here is an example.

My client owns a Canadian franchised custom home building and renovation company that offers its clients the home building and renovation services through the company’s network of franchisees. My client formed a US company to engage in the business of offering and granting franchises in the United States.  The Canadian company provides accounting, legal, broker, marketing and training services to the US company.  There is an actual exchange of services and moneys that create transactions considered “trade”.   E-1 visa was approved quickly.

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of E-1 visa.   If you would like us to discuss if you qualify for E-1 visa and help us get you an E-1 visa, call our experienced E-1 visa attorney at 480-425-2009 or schedule your consultation online

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E-1 visa for importer approved in 13 days

Our client imports salt lamps and other products from his country. We applied for premium processing of the change of his status and his case was approved in 13 days.

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.

In this case, our client’s country has a treaty with the US. The import of such product constitute trade. He imports the product only from his country, so the trade is principally between the US and his country and the trade is “substantial”. “Substantial” means an amount of trade sufficient to ensure a continuous flow of international trade between the US and his country. Our client has already shipped three containers of the product to the US, has relationships established and plans to shipped future regular shipments, so we were able to show that the trade is substantial.

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 will be happy to discuss how we can help you obtain your E-1 visa.