E-1 Visa - Treaty Trader Visitor Text Size:

Nationals of countries that have treaties designed to promote trade and investment between the US and the other country can obtain visas to work in the US. These visas are called E-visas. There are two types of E visas, E-1 Treaty Trader and E-2 Treaty Investor. This article discusses the E-1 visa.

E-1 Visa Category

The E-1 visa category is useful for entrepreneurs, managers and employees who need to live in the US to oversee a company that is involved in trade between the US and a foreign state.

Three General Requirements

There are three requirements for the E-1 visa category to apply:

• A treaty must exist between the US and the country of nationality of the foreign company
• The majority ownership or control of the trading company must be held by nationals of the treaty country
• Each employee or principal who seeks E status and the treaty enterprise must have the same citizenship

Majority ownership is considered at least 50% of the stock of the corporation. For large, publicly held companies, the company is presumed to have the nationality of the country where its stock is initially listed and traded on a public stock exchange.

Specific Qualifications for the E-1 Visa

If the three general requirements can be met, a foreign business person who seeks an E-1 visa must show that he will be carrying on substantial trade in goods or services in a capacity that is supervisory or executive, or that involves essential skills.

National Requirement

The applicant must be a national of a country with which the US has a treaty of commerce and navigation providing for the trade or investor activity. This requirement applies whether the applicant relies on his own trade or investment or is employed by a qualified person or organization. The nationality of an accompanying spouse or children doesn't matter.

A national of a qualifying country may apply for an E-1 visa to develop and direct the import or export trade of goods or services between his own country and the US. He may also apply for E-1 visas for key managerial and specialist employees.

Employer

If the individual is relying on an employer's substantial trade, the employer as well must have the nationality of the treaty country. An individual employer who is residing in the US must also maintain treaty trader status.

Qualified E-1 Employees

Eligibility for treaty trader status on the basis of employment with a qualified person or organization requires an appropriate position. The duties must be executive or supervisory. Alternatively, if the applicant is employed in a minor capacity, he must have special qualifications that make the services to be rendered essential to the efficient operation of the enterprise. The employee doesn't need to be in a position to develop and direct the enterprise.

Trade

Trade means the exchange, purchase or sale of goods or services between the US and the treaty country. Trade includes but isn't limited to goods, services, technology, monies, international banking, insurance, transportation, tourism, communications, some news gathering activities, data processing, advertising, accounting, design and engineering, management consulting and technology.

Substantial Trade

The treaty trader must carry on trade of a substantial nature that is international in scope and mainly between the US and the treaty country. In measuring the trade of a qualified US entity, only its international trade is considered; the volume of its local trade in the United States is disregarded. The word "substantial" in describing trade isn't intended to exclude aliens who trade on a modest scale or who are employed by small companies. It refers to the volume or number of transactions and not necessarily to their monetary value.

Volume of Trade

More than half of the total volume of international trade conducted by the treaty trader must flow between the US and the treaty country.

Eligibility of Spouse and Children

The foreign national spouse or unmarried minor children of a foreign national with an E-1 visa may accompany the E-1 visa holder to the US. They may also stay in the US the same length of time as the E-1 visa holder.

Countries with Treaties for E-1 Visas

Argentina, Aruba, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Canada, Chile, Colombia, Costa Rica, Croatia, Estonia, Ethiopia, Finland, France, Germany, Gibraltar, Honduras, Iran, Ireland, Italy, Japan, Jordan, Latvia, Liberia, Luxembourg, Macedonia, Mexico, the Netherlands, the Netherlands Antilles, New Caledonia, Norway, Oman, Pakistan, Paraguay, the Philippines, Poland, Serbia and Montenegro, Singapore, Slovenia, South Korea, Spain, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Turkey, the United Kingdom and the Territory of Wallis and Futuna Islands all have agreements authorizing treaty trader classifications to their nationals.

Questions for Your Attorney

• What is the difference between an E-1 and an E-2 visa?
• If an employee applicant doesn't have the same citizenship as the foreign company, can he receive an E-1 visa? or any visa?
• What if a foreign corporation wants to do business in the U.S., but the country where the corporation is incorporated doesn't have a treaty with the U.S.? What can that corporation do?

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