E-1 Treaty Trader Visa
I. SUMMARY
II. WHAT IS E-1 STATUS?
III. WHO QUALIFIES FOR AN E-1 VISA?
IV. WHAT FORMS DO I USE TO APPLY?
V. FAMILY MEMBERS
VI. FEES TO INS/CONSULATE
VII. PROCEDURE
The E-1 Treaty Trader classification applies to foreign nationals coming to the U.S. carry out substantial trade. A treaty trader must be a national of a treaty nation, that is a country that maintains a treaty of commerce and navigation or a bilateral agreement with the U.S.
It is a non-immigrant visa that allows you to work temporarily for a U.S. Employer. Upon expiration of your non-immigrant visa you must leave the country.
III. WHO QUALIFIES FOR AN E-1 VISA?
To qualify for an E-1 Visa:
- You must be a national of a country with which the United States maintains a qualifying treaty, and
- You must be is coming to the United States to carry on substantial trade* principally between your country and the United States.
* Substantial trade (commercial exchange of goods or services in the international market place) is an amount of trade sufficient to ensure continuous flow of international trade items between the United States and the treaty country. Principal trade exists when over 50 percent of the E-1's total volume of international trade is conducted between United States and the treaty country.
An employee of an E-1 visa holder who possesses the same nationality may also be classified as E-1 nonimmigrant. The employee must principally and primarily perform executive or supervisory duties or possess special qualifications that are essential to the successful or efficient operation of the enterprise.
IV. WHAT FORMS DO I USE TO APPLY?
Applicant is in the U.S.:
FORM I-129: You/your organization will need to file Form I-129- Petition for Non-Immigrant Worker and its E supplement with the supporting evidence* with the US Citizenship and Immigration Services.
Applicant is out of the U.S.:
FORM DS-156E: You/your organization will need to submit Form DS-156E with the supporting evidence* at your local U.S. Consulate.
*SUPPORTING DOCUMENTATION:
E-1 Trader
- Evidence of ownership and nationality, including but not limited to lists of investors with current status and nationality, stock certificates, certificate of ownership issued by the commercial section of a foreign embassy and reports from a certified personal accountant.
- Evidence of substantial trade*, including but not limited to copies of three or more of the following: bills of lading, customs receipts, letter of credit, trade brochures, purchase orders, insurance papers, documenting commodities imported, carrier inventories and/or sales contracts.
E-1 Employee
Detailed description of executive or supervisory duties, or special qualifications essential to the enterprise, including but not limited to certificates, diplomas or transcripts, letters from employers describing job titles, duties, operators' manuals, and the required level of education and knowledge.
Your spouse and unmarried children under 21 are admitted under the same classification. Spouse of an E1 Visa holder is eligible for an Employment Authorization.
Form I-129 Filing Fee: Click here
US Consulate Fee
Applicant is in the U.S.:
A. Approval of Form I-129, Non-immigrant Petition for Alien Worker:
Applicant/Organization must file an I-129 Petition together with the supporting evidence.
Change of Status:
If the applicant is already in the United States, he or she can remain and work in the U.S. provided that a change of status has been requested by the petitioner and granted by the USCIS.
Applicant is out of the U.S.:
Applicants that are outside the US are not required to submit an E petition at the US Citizenship & Immigration Services. He or she must submit application for an E1 Visa application (Form DS-156E) together with the supporting evidence at his or her local U.S. consulate office. Once application is reviewed and approved he or she is invited to an interview with a consular officer.
Last Updated on Tuesday, 24 January 2012 10:54