E1 Visa USA for Canadian Citizen

E-1 classification is available to treaty traders and to certain employees of treaty traders. Each category has its own eligibility criteria, and all applicants must show that they intend to leave the United States when their E-1 status ends.

General qualifications for a treaty trader

To qualify as a treaty trader, you must:

• Hold the nationality of a treaty country. For Canadian applicants, this means Canadian citizenship. If the trader is a business rather than an individual, the enterprise must be at least 50% owned by nationals of Canada. Owners who are outside the United States must be people who would themselves qualify as treaty traders if they sought admission.
• Engage in substantial international trade that is principally between the United States and Canada, and that is already taking place when you apply. Planned or prospective trade does not meet the requirement. For what counts as qualifying trade, a substantial amount of trade and principal trade, see What can be classed as substantial trade? below.
• Be coming to the United States solely to carry on that trade.
• Intend to depart the United States when your E-1 status expires or ends.

General qualifications for the employee of a treaty trader

An employee of a qualifying treaty trader or enterprise can also be classified as E-1. To qualify as an employee, you must:

• Hold the same nationality as the treaty trader employer or, if the employer is an enterprise, the nationality of the treaty country that qualifies the enterprise. In practice, that enterprise must be at least 50% owned by nationals of that country.
• Meet the definition of an employee. You must have a genuine employer and employee relationship with the treaty trader. Independent contractors and consultants do not qualify.
• Work in an executive or supervisory role, or, if employed in a lesser capacity, hold special qualifications. Executive or supervisory duties are those that give you ultimate control and responsibility for the organization’s overall operation or a major component of it.
• Show that your special qualifications make your services essential to the efficient operation of the business. Consular officers and USCIS consider whether other people possess your specific skills, whether those skills are readily available in the United States, and the salary those skills command.

Employees are authorized to work only for the treaty trader that sponsors them. If the terms or conditions of your employment change substantively, your employer must notify USCIS by filing a new Form I-129.

A treaty country is defined by the USCIS as a “country with which the United States maintains a treaty of commerce and navigation, or which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation”.

Canada is classed as a treaty country, so as a national of Canada you can be eligible for the treaty trader visa. There are also many other treaty countries that are eligible for the E1 visa, they include the following:

One of the main requirements for the E1 Visa is that you must be engaged in international trade between the U.S and the designated treaty country, the type of trade that is eligible includes:

• Goods
• Services
• International banking
• Insurance
• Transportation
• Tourism
• Technology and its transfer
• Some news-gathering activities

To meet the requirements the trade must also be classed as “substantial”. The definition of a substantial amount of trade is vague, generally, it means that there must be a “continuous flow” of trade between the U.S and Canada (or the designated treaty country if applying as the national of another treaty country). As well as being substantial for a Canadian national to be eligible for the E1 visa they must be able to demonstrate that either themselves or the Canadian company they work for carries out principal trade between the United States and Canada. Principal trade is when over 50% of the international trade that the treaty trader carries out is between the United States and the treaty country.

When applying for an E1 visa you will need to prove to a consular officer that the trade is substantial. Consular officers will usually look at the volume of trade to determine whether it is substantial but they may also take the monetary value of trades into account.

The process for an E-1 application differs slightly depending on whether you are applying from outside or inside the US. If you are in Canada, you apply for the visa through a US consulate. If you are already in the US in another nonimmigrant status, your employer or business can ask USCIS for a change or extension of status instead.

To apply for an E-1 visa from Canada, follow these steps:

1. Gather your supporting documents, as listed in the document checklist below. Your evidence must show that you meet either the treaty trader or the employee requirements, including proof of Canadian nationality, evidence of substantial trade, and a cover letter explaining how you qualify.
2. Complete the online nonimmigrant visa application, Form DS-160, upload your photo and print the confirmation page showing the barcode number.
3. Complete Form DS-156E, the Nonimmigrant Treaty Trader/Investor Application. Only the main applicant needs to submit this form. Dependent family members do not. If you are applying on behalf of a company, an officer legally able to act for the company must sign it.
4. Pay the visa application fee and follow the instructions of the US. Consulate General in Toronto for submitting your E-1 documents and scheduling your interview.
5. Attend your visa interview with the originals and copies of your supporting documents. The consular officer may ask for further documents to decide whether the enterprise and your own role meet the E-1 requirements.

After your interview, the consular officer will decide whether to issue your visa. Processing normally takes three to five business days after the interview, although it can vary. If the visa is approved, the consulate returns your passport, visa and documents by Canada Post courier.

If you are already in the US, your employer or business files Form I-129, Petition for a Nonimmigrant Worker, with the E-1 supplement, with USCIS. You must maintain your current status while the petition is pending.

An experienced immigration lawyer can check that your evidence of trade, ownership and employment is complete and consistent before you apply. To discuss your application, call +44 (0) 333 305 9375.

When making an application for an E1 visa you will need to provide a number of documents as well as supporting evidence to prove that you meet the visa requirements. The documents you will need include:

• A copy of your Canadian passport – your passport must also be valid for at least 6 months beyond the period you intend to stay in the US for
• The confirmation page from your Form DS-160 submission
• Your Nonimmigrant Treaty Trader application form (Form DS-156E), this must be signed by an officer who is legally able to act on behalf of the company.
• Proof that you have paid the visa fee
• A recent passport-sized photograph
• A cover letter that demonstrates how you or you and the company your work for meet the requirements for being a treaty trader
• Supporting documents that demonstrate that you or the company you work for engages in a substantial amount of trade with the US
• Evidence that you intend to return to Canada after your visa runs out

Visa applicants who are applying as the employee of a treaty trader will also need to submit documents to prove that the company or employer they work for is a national from a treaty trader country as well as a letter from their employer that describes their role and how it is essential to international trade.

Yes, you can bring your family members to the United States with you as an E1 visa holder. You can only bring immediate family members with you to the U.S, this includes your legal spouse and any unmarried children under the age of 21.

To join you in the US your dependent family members will need to apply for a derivative E1 visa. They can apply for this visa at the same time as you or afterwards. To be eligible, your dependents will need to prove their relationship with you by providing evidence such as a marriage or birth certificate.

Spouses of E1 visa holders can work whilst in the US but must apply for employment authorization by filing Form I-765 to do this.

The E1 visa is a non-immigrant visa, this means that to obtain or extend this visa you will need to continue to prove your intent to return to Canada. This means that it is very difficult to obtain a Green Card as an E1 visa holder.

However, there are other routes you could use to obtain a Green Card. If you find an employer in the US willing to sponsor your visa application you could apply for an H1-B visa and then apply for a Green Card. Alternatively, you may also be eligible for a family-based Green Card if you have a family member who is a permanent resident of the United States.