E-1 Treaty Trader Visa |
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The E-1 Treaty Trader Visa is an attractive nonimmigrant option, offering foreign businesses engaged in substantial trade with U.S. customers the ability to efficiently establish a branch office in the U.S., or delegate employees to the country. What sets the E-1 visa apart from other U.S. visas is its lack of investment requirement in the U.S. business. Instead, eligibility is determined by the foreign entity's robust trading history with U.S. clients or customers.
Similar to the E-2 visa, the E-1 is founded upon a treaty of commerce and navigation that the U.S. has with the foreign company's country of nationality. As such, not all nationalities qualify for the E-1 visa category. |
Who qualifies for the E-1 trader visa? |
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To be eligible for the E-1 Treaty Trader Visa, you must be a national of a country with which the United States maintains a treaty of commerce and navigation. Additionally, you must be actively engaged in substantial and principal trade between the United States and the treaty country. This specialized visa category is designed to foster and facilitate international business relations, providing a streamlined path for traders and business professionals to conduct their operations in the United States.
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How does U.S. 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 U.S. immigration define Substantial Trade? |
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Qualifying for the E-1 Treaty Trader Visa does not necessitate a specific minimum number of transactions or value. However, U.S. immigration authorities define substantial trade as, "...the continuous flow of significant international trade items, involving numerous transactions over time." Typically, this trade is calculated over the 12 calendar months preceding the date of the application filing. Authorities look for both a high number of transactions in the past year and substantial monetary value associated with those transactions.
Qualifying for the E-1 visa category isn't solely based on the total monetary value of trade but considers the number and continuity of transactions as well. For instance, a foreign company that invoiced a U.S. client for a single transaction valued at $100,000 USD in the past 12 months would likely not qualify for the E-1 visa category. However, if that same foreign company invoiced 50 separate clients for $2,000 USD each (totaling $100,000 USD) over the past 12 months, this may fall within the qualifications for the E-1 visa category. This example illustrates the nuanced requirements of the E-1 visa, emphasizing the importance of continuous and substantial trade, rather than isolated high-value transactions. |
How does U.S. immigration define Principal Trade? |
Principal trade is a critical criterion for the E-1 Treaty Trader visa. Contrary to some misconceptions, principal trade does not require U.S. transactions to make up at least 50% of the foreign company's total trade. Instead, U.S. transactions must constitute 50% of the company's international trade.
Consider a Belgian company's transactions broken down as follows:
Although U.S. clients account for only 20% of the company's total business, this still satisfies the E-1 requirement for principal trade since 80% of the company's foreign trade (non-Belgian trade) is with U.S. based clients. |
Can employees be sent to the U.S. in E-1 status? |
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Qualified employees may be sent to the U.S. under the E-1 employee visa category. To qualify, the E-1 employee must:
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Family members of E-1 visa holders |
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Spouses and unmarried children under the age of 21, may accompany the principal E-1 visa holder to the United States. Spouses of E-1 visa holders have the added advantage of being granted work authorization incidental to their status once they are inside the U.S. This provision adds flexibility and convenience for families relocating under the E-1 visa program.
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The Barella Global Advantage |
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The E-1 Treaty Trader visa, like its E-2 counterpart, is applied for at the applicant's local U.S. Embassy or consular post. Our team at Barella Global possesses extensive experience in representing clients throughout various European consular posts. Our strategically placed locations in Brussels, London, and Paris minimize any delay, ensuring a seamless communication flow between the consular post, the client, and our firm.
If you're seeking to explore the U.S. market through the E-1 Treaty Trader visa, contact one of our offices today. Our knowledgeable team is ready to guide you through the process, provide personalized consultation, and assist with all your needs. |
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