For more information:

E-1 Treaty Traders | USCIS

Overview:

1. What is the E-1 visa?

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?

6. E-1 visa fees

7. E-1 visa processing time

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.
  • 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:

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.