The E1 Visa for Treaty Traders

To be eligible for the E1 Visa you must be from a treaty country, the US has signed the Treaty of Commerce with 78 different countries, you must be a citizen of one of these countries to be classed as a treaty trader. As well as being from a treaty country, there are several other requirements that you must meet in order to be eligible for the E1 Visa, you must:

• Be involved in a substantial and continuous flow of international trade
• If you work for a company, at least 50% of it must be owned by people with the same treaty country’s nationality
• Have a supervisory role in your business
• Have special qualifications or proven expertise

As well as the above requirements, there must be principal trade between the US and the applicants treaty country, this means that at least 50% of the international trade involved must be between the United States and your country.

The requirement to be involved in a substantial amount of trade can seem vague but this means that there is a sizeable and continuing volume of trade. The trade could be in the form of physical movement of goods, transportation, or non-physical services, including banking and insurance, tourism, technology, or journalism.

Both treaty traders and their employees can apply for an E1 Visa, but the application process varies depending on whether you are applying as the owner of the business or an employee and where you are applying from.

If you are currently in the US you must apply by filing Form I-129, Petition for a Nonimmigrant Worker. You will also need to submit your supporting documents to prove that you meet the requirements. If the USCIS approves your request they will give you a Form I-797, Approval Notice.

If you are applying from within the US as an employee who is engaged in international trade as a supervisor, manager, or executive, then the company you work for must file Form I-129 on your behalf and they will receive notice from USCIS if approved.

Applications from outside of the United States are more complicated. If applying as a treaty trader (owner) you must first register your company with the E-Visa Unit. To do this you must complete the following steps so that the company can be reviewed by the E-Visa Unit.

1. Complete the DS-160 Visa application form online
2. Go the the Visa Appointment Service website and create an account, you will then need to pay the application fee and arrange a delivery for your passport for after you have attended the visa interview.
3. Submit all the required documents visa email, more information about how to do this will be provided when registering

Once the review has been completed a date for your visa interview will be arranged. During the interview a US Embassy official will ask you questions about your character and the purpose of visit, they will try to determine whether you intend to return to your home country.

Employees from companies who are already registered with the E-Visa Unit can simply make their appointments for a visa interview through the U.S. Visa Appointment Service. Employees do not need to submit any supporting documents in advance but may need to take them to the visa interview.

You will usually receive a decision about your E1 Visa application within 2 to 4 weeks.

There are many documents that you will need to provide as part of your E1 Visa application, either at the time of application on at your visa interview. Firstly, you will need to submit a cover letter describing yourself and the trading company. The cover letter should address how you meet all of the E1 Visa eligibility requirements listed above.

As well as the cover letter, you will need to submit the following documents:

• The confirmation page from your online Ds-160 and DS-156E Visa application forms
• A copy of the the payment receipt proving that the application fee has been paid
• If you are an employee you must provide a letter about your job including details about the company, your title and role, salary and benefits, qualification for the job and the company’s contact information. This letter should be printed on the company’s letter head
• A photocopy of your passport and copies of any US previous US visas
• A copy of any changes or extensions of status granted by USCIS
• Evidence of your ongoing residency in the treaty trader country
• Your CV
• Copies of your educational certificates
• A signed statement of intent to depart the US upon termination of status

Owners must also provide documents that show proof of ownership of the company as well as documents to show proof of substantial trade with the US, these could include:

•  A spreadsheet listing every qualifying transaction of international trade between the United States and treaty country during the last calendar year
• Copies of invoices, shipping invoices and air bills
• The most recent U.S. federal tax returns for a US entity, or annual report for a UK entity

The E Visa category contains two other types of visas alongside the E1 Visa, the E2 Visa and the E3 Visa.

The E2 Visa is similar to the E1 visa but this category is for a treaty investor. The E2 Visa allows an someone from a treaty investor company to come to the US to purchase or start a business. To be eligible for the E2 visa you must intend to invest substantial funds in a U.S. business.

Many countries are classed as both treaty investor and treaty trader countries so nationals from these countries could be eligible for either the E1 or E2 Visa. However, some countries have only a treaty trader or treaty investor agreement with the United States.

The E3 visa is open to Australian professionals who can undertake a specialty occupation in the US.

One of the main requirements for the E1 Visa is to provide proof of your intent to return to your home country. This means that it is very difficult to for nonimmigrant treaty traders to successfully apply for a Green Card.

If you do want to become a Lawful Permanent Resident in the US, you may still be eligible using another route. If you find a job and an employer who will sponsor you for a Green Card then you can apply to adjust your status to a H-1B Visa, after which you will be able to apply for an employment-based Green Card.

Another way to obtain a Green Card is through family members. If you have family who have permanent residence in the USA you could apply to join them.