E1 VISAS: TREATY-TRADERS
By Christopher Kerosky, Esq.
Certain countries
have treaties with the U.S., nationals of that country may enter the U.S. for
the purpose of directing and developing
the operations of the enterprise (E-2) or for the purpose of conducting trade (E-1).
The
requirements of the E1 visa are as
follows:
- Citizenship of a Treaty Country. The investor, either a person, partnership or corporate
entity, must have the citizenship
of a treaty country. At least 50 percent of the business must be owned
by persons with the treaty country’s nationality.
·
Substantial Trade. The international trade must
be substantial, meaning that there is a sizable and continuing volume of trade.
·
Trade must be between U.S.
and Treaty Country. More than 50 percent of the international trade involved must be
between the United States and the treaty country.
·
What is Trade? Trade means the international
exchange of goods, services, and technology. Title of the trade items must pass
from one party to the other.
·
Must be Executive, Manager or
Essential Employee. You must be an essential employee, employed in a supervisory or
executive capacity, or possess highly specialized skills essential to the
efficient operation of the firm. Ordinary skilled or unskilled workers do
not qualify.
Am I eligible
for an E-1 visa?
You may be eligible for an E-1 visa if you are an entrepreneur,
manager or employee who needs to live in the US to oversee a company that is
involved in substantial and principal trade.
What can I do on
an E-1 visa?
As an E-1 visa holder you can:
·
Work legally in the U.S. for the petitioning U.S.
company
·
Travel freely in and out of the U.S.
·
Stay in the U.S. with unlimited two year extensions
as long as you maintain E-1 status
·
Bring your dependents to the U.S.
How long can I
stay in the U.S. on an E-1 visa?
Visas are typically given for two years with unlimited five year visa
extensions or two year status extensions as long as you maintain E-1 status.
How does One apply for the E-1
visa?
If
the applicant is outside the U.S., he or she can apply directly at the
Consulate. An application with the
Immigration Service first is not necessary, as it is with some other
visas.
Can I apply for a Change of
Status
If
the applicant is in the U.S., he or she can apply for a change of status
without leaving the U.S.
Can
I bring my dependents on an E-1 visa?
Yes, you may bring your spouse and unmarried
children under the age of 21 years to stay along with you. They may stay in the
U.S. as long as you maintain your E-2 status.
WARNING:
The above is a summary discussing legal issues. It is not intended to be a
substitute for legal advice. We recommend that you get competent legal advice
specific to your case.
