US E-1 treaty trader visa

E-1 Visa, Treaty Traders

Treaty traders must be foreign nationals or foreign business entities, such as foreign corporations, from the foreign treaty trading partner who engage in "substantial trade" with the United States as their "principal trade." "Substantial trade" refers to a large and ongoing volume of trade containing several transactions over time, while "principle trade" refers to trade with the United States accounting for more than half of the total volume. Furthermore, commerce entails the transfer of ownership. Goods, services, international banking, insurance, transportation, technology, tourism, and news gathering are all examples of trade.

Who it's for

The E-1 category is designed for people who direct and develop substantial international trade between the US and a country that holds a qualifying treaty with the United States.

It covers both principal traders carrying on trade on their own behalf and certain employees of a treaty enterprise.

• A national of a treaty country coming to carry on substantial trade principally with the US
• An owner or director of a treaty-nationality trading enterprise
• An executive or supervisory employee of a qualifying treaty enterprise who shares the treaty country's nationality
• An essential-skills employee whose specialised knowledge is needed for the enterprise's efficient operation

Eligibility requirements

Qualification depends on the applicant's nationality, the ownership of the enterprise, and the nature and volume of the trade. Each case is assessed on its own facts.

Only nationals of nations with which the US has a treaty of friendship, trade, and navigation, or a comparable arrangement, are eligible for an E-1 visa. A treaty trader must also be travelling to the United States to undertake substantial trade, primarily between the United States and the applicants home country. Significant trade is defined as a continuous flow of significant trade items and transactions across time that is not limited by monetary value or volume.

To be classified as an E-1 treaty trader, the treaty trader must:

If the treaty trader is currently in the United States in a lawful nonimmigrant status, they can request a change of status to E-1 classification by filing Form I-129. The eligible employer may file Form I-129 on behalf of the targeted employee if the employee is currently in the United States in a lawful nonimmigrant status.

• The applicant is a national of a country that maintains a qualifying treaty of commerce and navigation with the US
• The trading enterprise has the nationality of the treaty country, meaning at least 50% is owned by nationals of that country
• The applicant is carrying on substantial trade, involving a sizeable and continuing volume of transactions
• More than 50% of the enterprise's total international trade is between the US and the treaty country
• Employees seeking E-1 status share the same nationality as the principal trader and serve in an executive, supervisory, or essential-skills role

• Be a citizen of a country with which the United States maintains a treaty of commerce and navigation or a qualifying international agreement, or which has been designated
• Carry out substantial and principal trade between the US and the treaty country that qualifies the treaty merchant for E-1 classification.
• The existing international exchange of trade items for consideration between the United States and the treaty country is referred to as trade.

What counts as trade

Trade for E-1 purposes means the international exchange of items of value, and the transactions must be traceable and already under way rather than merely planned.

"Substantial" trade looks at continuity and volume of dealings over time rather than the value of any single transaction; numerous smaller transactions can qualify.

• Goods, services, and technology can all count as items of trade
• Examples include international banking, insurance, transportation, tourism, and technology transfer
• The trade must be principally between the US and the treaty country
• Trade should be established and ongoing at the time of application

How to apply

Most applicants apply at a US embassy or consulate abroad. People already in the US in another nonimmigrant status may instead ask USCIS to change their status to E-1, though this does not itself produce a visa for future travel.

• Complete the online DS-160 nonimmigrant visa application
• Complete Form DS-156E (treaty trader/investor application) for the trader or employer
• Pay the visa application (MRV) fee, currently $315 for E treaty visas
• Gather evidence of nationality, ownership, and the substantial nature and direction of the trade
• Schedule and attend a visa interview at the US embassy or consulate, if required
• Ensure the passport is valid for at least six months beyond the intended period of stay, unless a country agreement exempts this

Duration, extensions, and family

Treaty traders and qualifying employees are usually admitted for an initial period of up to two years, and status can be extended in increments of up to two years each while the qualifying trade continues.

Spouses and unmarried children under 21 may accompany or follow the principal applicant.

The E-1 visa will be valid for up to two years and will be automatically renewed every time the individual trader or employee travels outside of the United States. There is no limit to the number of extensions that can be granted. They must, however, intend to leave the United States once the treaty commerce is concluded.

Treaty traders and employees will be allowed a maximum of two years in the country at first. Requests for extensions of stay in E-1 classification or transfers of status to E-1 classification may be granted in two-year increments. An E-1 nonimmigrant may be awarded an unlimited number of extensions. When their status expires or is cancelled, all E-1 nonimmigrants must maintain an intention to leave the United States.

An E-1 nonimmigrant who travels overseas may be granted an automatic two-year period of readmission after returning to the United States if judged admissible by a US Customs and Border Patrol Officer.

• Initial admission is for a maximum of two years
• Extensions may be granted in increments of up to two years, with no fixed overall limit while trade qualifies
• Spouses and unmarried children under 21 may seek E-1 dependent status
• E-1 spouses in valid status are generally authorised to work incident to status, subject to limited exceptions
• Dependents already in the US may request an extension or change of status by filing Form I-539

E-1 Cover Letter

You must include a cover letter that describes the company and the recipient. This letter should address all of the E-1 visa eligibility requirements, which are detailed in the US Department of State Foreign Affairs Manual (9 FAM 402.9), and require the applicant to demonstrate:

• that the requisite treaty exists
• that the individual and/or business has the nationality of the treaty country
• that the activities are trade within the meaning of section 101 (a) (15) (E) of the Immigration and Nationality Act
• that the trade is substantial
• that the trade is primarily between the United States and the treaty country

Foreign Trade Transactions

A spreadsheet detailing every eligible foreign trade transaction between the US and a treaty country throughout the previous calendar year. This table should provide the transactions date, invoice number, and dollar amount. The overall number and amount of these transactions should be displayed prominently. Include a summary of the data in the table.

Copies of all invoices summarised in the table; copies of all air bills or shipping invoices demonstrating that products or services were transported from one nation to another; and

For a US entity, the most current federal tax returns, or an annual report (Financial Statements) for a UK entity. US tax forms must be exact replicas of the IRS-submitted signed and dated documents.