E-1 Treaty Trader

An E-1 Treaty Trader is a nonimmigrant visa classification for a national of a country that has an existing treaty of commerce and navigation, or a Bilateral Investment Treaty, with the United States. An E-1 applicant must be coming to the United States to:

• Carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country.

Requirements

In order to qualify for an E-1 Treaty Trader visa, the following requirements must be met:

• The applicant is a national of a treaty country

• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm.

• The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country (i.e. At least 50 percent of the stock of the company is owned by treaty citizens)

• The international trade must be substantial and continuous.

• The trade must be principally between the U.S. and the treaty country (i.e. more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant’s nationality).

Duration
E-1 status can be initially granted for up to two years and renewed indefinitely in two-year increments as long as the applicant intends to depart the United States when the E-1 status terminates.

Dependents

Dependents regardless of their nationality, including spouses and unmarried children under 21 years old, are eligible for derivative E status. Spouses are also eligible to apply for work authorization.