Descripción general:
2. What are the benefits of an E-1 visa?
3. What are the requirements to get an E-1 visa?
4. The process of applying for an E-1 visa
5. What are the documents required for the E-1 visa?
8. E-1 visa extensions and changes in status
1. What is the E-1 visa?
An E-1 visa is a non-immigrant visa for citizens of nations that have special treaties with the United States. The individual who is granted an E-1 visa is either a supervisor, or an executive, or possesses highly specialized skills in an industry such as international banking, communication, transportation, tourism, insurance, or advertising.
2. What are the benefits of the E-1 visa?
- You can legally work in the United States.
- You can travel freely in and out of the United States.
- The E-1 visa may be extended endlessly for a maximum of two years at a time.
- E-1 status is available to your spouse and your dependent, unmarried, children under the age of 21.
- Your spouse can apply for employment athorization.
- Your children can attend school.
3. What are the requirements to get an E-1 visa?
To be eligible for an E-1, you need to conduct substantial trade in goods. The company that is sponsoring your E-1 visa must be at least half-owned by an individual or multiple, citizens of one of the fifty-nine treaty nations listed below:
- Argentina
- Australia
- Austria
- Belgium
- Bolivia
- Bosnia and Herzegovina
- Canada
- Chile
- China (Taiwan)
- Colombia
- Costa Rica
- Croatia
- Denmark
- Estonia
- Ethiopia
- Finland
- France
- Germany
- Honduras
- Iran
- Ireland
- Israel
- Italy
- Japan
- Jordan
- South Korea
- Kosovo
- Latvia
- Liberia
- Luxembourg
- Macedonia
- Mexico
- Montenegro
- The Netherlands
- Norway
- Oman
- Pakistan
- Philippines
- Serbia
- Singapore
- Slovenia
- Spain
- Suriname
- Sweden
- Switzerland
- Thailand
- Togo
- Turkey
- The United Kingdom
This rule has the following two exceptions:
- A company may be regarded as a joint venture if the owners are citizens of two treaty nations. Citizens of either of these two nations are qualified to apply for an E-1 visa in this instance.
- Specific territories and possessions beyond the treaty country may be covered by the agreement between the US and the treaty country in certain circumstances (for example, the United Kingdom). Residents of these places might be qualified for an E-1 visa in these circumstances.
The work you will be doing must be regarded as “trade.”
- The United States Department of State has three prerequisites for what qualifies as a trade:
- a “beneficial” exchange
- worldwide reach
- a qualifying item, such as products, money, or services.
Additionally, there must be an ongoing trade between that person or company and the United States.
The trade must be substantial.
- Consular officials give more weight to the number of transactions than to their monetary value.
- In other words, you are more likely to gain success if your company imports many small items many times throughout a fiscal year, instead of making only one large transaction one or two times a year.
The trade must be principally between the United States and the treaty country
50% or more of the amount of international trade carried out by the treaty trader must be undertaken between the U.S. and the treaty country for the trade to be considered to be primarily between the U.S. and the treaty country.
You must be vital to the success of the treaty trader.
You must not only share the same nationality as the major employer and provide proof of your legal employment to be granted an E-1 visa, but you also need to be able to demonstrate why the business needs you. This may refer to your position and credentials as a manager, executive, or supervisor, as well as any other unique qualifications.
You must show that you plan to depart the United States following the termination of your E-1 visa status.
4. The process of applying for an E-1 visa
E-1 visa applications may be submitted either from within the U.S. through USCIS or from abroad through a U.S. Consulate. Whichever approach you use, the following papers are necessary:
If you are outside of the United States
- You must apply for an E-1 visa at a United States consulate or embassy.
- Most consulates do not accept citizens of third countries.
- If you are a citizen of one of the fifty-nine treaty nations listed above and live outside of your home nation, or if you live in one of the fifty-nine treaty nations, but are not a citizen, you need to contact the United States consulate within your home nation to see if you are eligible.
- You should hire an immigration lawyer to help you determine what is needed, fill out all the paperwork, and deliver your application to the United States consulate or embassy.
- Your lawyer needs to complete The Online Nonimmigrant Visa Application, Form DS-160, on your behalf: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/ds-160-online-nonimmigrant-visa-application.html
- Arrange a face-to-face meeting with a consular officer once you have delivered your application.
- Your lawyer should help you prepare for the interview.
- You will be asked questions about your E-1 business, your past, your immigration plans, etc.
- The E-1 visa will be stamped into your passport shortly after the interview is completed.
- You will be permitted to enter the United States under the conditions of the E-1 visa.
- You will be granted E-1 status upon entering the United States.
To change your status if you are already inside the United States:
- You may be qualified to apply for a change to E-1 status from a different nonimmigrant status if you have continuously maintained nonimmigrant status while inside the United States.
- You should consult with an experienced immigration lawyer before filing for a change of status.
- An attorney should also complete Form I-129 on your behalf. You must also complete the E-supplement to this form.
- Premium processing services are available for the E-1 visa.
- You will be granted E-1 status once your change of status has been approved. This is not an official visa. The full change of status procedure is conducted from within the United States.
5. What are the documents required for the E-1 visa?
Each United States consulate and embassy have its requirements for the kinds of paperwork and the formats they want them in.
- To guarantee that your paperwork is correct, check that specific consulate or embassy’s website.
- For all E-1 filings USCIS may request additional documentation related to how the applicant obtained treaty country nationality.
- You should hire a knowledgeable immigration lawyer to help you gather and prepare the required papers to submit with your application.
Some of the documents your local consulate or embassy might want are:
- Your passport, or a copy of the biographical page of your passport
- Valid visa photo
- Visa application fee receipts
- Visa appointment letter
- Form DS-160: The Online Nonimmigrant Visa Application: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/ds-160-online-nonimmigrant-visa-application.html
- Form I-129: The Petition for a Nonimmigrant Worker: https://www.uscis.gov/sites/default/files/document/forms/i-129.pdf
- Form I-907 can be filed to request that your application be processed more quickly: https://www.uscis.gov/sites/default/files/document/forms/i-907.pdf
- Form I-539: The Application to Extend/Change Nonimmigrant Status demands that your dependents’ E-1 status be extended. https://www.uscis.gov/sites/default/files/document/forms/i-539.pdf
- Form G-28: The Notice of Entry of Appearance as Attorney or Accredited Representative. Your lawyer submits this form to prove their authority to represent you: https://www.uscis.gov/sites/default/files/document/forms/g-28.pdf
- Form DS-165E: The Nonimmigrant Treaty Trader/Investor Application, to provide information about your company and you: https://eforms.state.gov/Forms/ds156_e.PDF
- United States Company Support Statement: Your employer provides this document explaining what they do, how large their market is, their ownership and nationality, and the reasons they need you inside the United States to carry out its operations.
- Form-94: For more information on Form-94 visit: https://www.uscis.gov/i-9-central/form-i-94
- Proof that you intend to leave the United States once your E-1 status ends.
- Property deed
- Signed statement
- Proof of plans to move to another country after your E-1 visa status expires.
6. E-1 visa fees
- Application fee: $205 per applicant.
- Change of Status filing fee for Form I-129: $460.
- Optional 15-calendar-day premium processing using Form I-907 for an extra $2,500
- An additional fee of $370 if you have dependents, such as a spouse and children, will be included in your change of status.
7. E-1 visa processing time
The processing period for an E-1 visa application is about 2 to 3 months.
- This timeline can vary according to when you place your application, and which consulate you have.
- The typical time it takes to process a petition for a change of status through USCIS is between 6 and 8 months.
- You can obtain a response to your application within 15 calendar days if you choose the optional premium processing.
8. E-1 extensions and changes in status
The E-1 visa is only valid for two years; however, you can request as many extensions as you want.
To request an extension you will need to submit Form I-129 and Form I-539. If your job responsibilities change, the company’s ownership changes, or if your employment ends, you will have to update your documents accordingly. Be advised that a treat trader may only engage in the activity for which they were first authorized when they got their E-1 visa.
YOU MUST CHANGE YOUR E-1 STATUS IF:
- Your job responsibilities change
- The company’s ownership changes
- If your employment ends
- If you go to work for the parent firm or a subsidiary of the treaty trader, you originally came to the United States to work for
- Your new position must require executive, supervisory, or critical abilities.