E1 Treaty Trader Visa |
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The E1 Treaty Trader visa is a nonimmigrant visa which allows a foreign business currently trading with US customers or clients the opportunity to easily establish a branch office and/or send employees to the United States. What makes the E1 visa superior to other US visas is that it requires no investment into the US business. The visa is granted based on the foreign entity’s trading history with US customers or clients. Like its E2 visa counterpart, the E1 visa is based on a treaty of commerce and navigation the US maintains with the foreign company’s country of nationality. As such, not all nationalities qualify for the E1 visa category. For a list a qualifying nationalities, please contact one of our offices.
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Who qualifies for the E1 trader visa? |
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To qualify for the E1 trader visa you must be a national of a treaty country and be carrying on principal and substantial trade between the United States and the treaty country.
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How does US immigration define Trade? |
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Trade is the international exchange for consideration (i.e. money) between the United States and the treaty county. Trade may include, but is not limited to:
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How does US immigration define Substantial Trade?
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There is no set minimum number of transactions or value required to be considered as substantial trade. Nevertheless, the US immigration service describes substantial trade as, “…the continuous flow of sizeable international trade items, involving numerous transactions over time.” Trade is typically calculated over the past 12 calendar months preceding the date of filing the application. The government is looking for both numerous transactions for the past year, as well as high monetary value attributed to those transactions.
For example, one would not qualify for the E1 visa category if their foreign company invoiced a US client for a single transaction valued at $100,000 USD in the past 12 months. However, if that same foreign company invoiced 50 separate clients for $2,000 USD (total $100,000 USD) over the past 12 months, this would likely qualify under the E1 visa category. |
How does US immigration define Principal Trade?
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Principal trade is understood as requiring at least 50% of the foreign company’s international exists between the treaty country and the United States. Some practitioner’s incorrectly advise that US transactions must make up at least 50% of the foreign company’s total trade. In reality, US transaction need only make up 50% of the company’s international trade. For example, a Belgian company’s transactions are broken down as follows: 75% with Belgian clients, 20% with US clients, and 5% with UK clients. Even though US clients make up only 20% of the company’s business, it satisfies the E1 requirement of principal trade, as its foreign trade (non-Belgian trade) is well above the 50% threshold.
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Can employees be sent to the US in E1 status?
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Qualified employees may be sent to the US under the E1 employee visa category. To qualify, the E1 employee must:
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Family members of E1 visa holders
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Spouses and unmarried children under the age of 21-years may accompany their E1 visa family member to the United States. Spouses are also eligible to apply for work authorization once in the United States.
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The Barella Global Advantage |
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Like its E2 counterpart visa, the E1 Treaty Trader visa is applied through at the applicant's local US Embassy or consular post. The Barella Global team has a great deal of experience representing clients throughout the various European consular posts. Additionally, our ideal location in Europe reduces any delay between the consular post, the client, and our firm.
To learn more about the E1 Treaty Trader Visa contact our Brussels and London based American immigration lawyers to arrange a consultation. |
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