E1 Visa

E1 Visa Guide: Key things you need to know about the E1 Visa

Businesspeople from certain treaty countries may qualify for a unique visa, the E1, allowing them to work in the United States and engage in substantial trade between their home country and the U.S. Here’s everything you need to know about the E1 visa, including its benefits, requirements, and the application process.

What is the E1 Visa?

The E1 visa is a specialized visa category designed for citizens from countries that have a commerce and navigation treaty with the United States. It enables qualified individuals to carry out substantial trade activities across borders, encompassing diverse industries like banking, management, communication, transportation, and advertising. This visa provides a gateway to establish and foster business relationships between U.S. companies and international partners.

Benefits of the E1 Visa

The E1 visa offers several advantages that make it appealing to eligible businesspeople:

  • Work Authorization: You are legally permitted to work in the U.S. under the terms of your trade activities.
  • Unrestricted Travel: E1 visa holders can travel freely in and out of the U.S.
  • Renewable Visa: The visa can be renewed indefinitely, with extensions granted in two-year increments.
  • Family Inclusion: Your spouse and dependent children (unmarried and under 21) may also obtain E1 status. Additionally, spouses can apply for an Employment Authorization Document (EAD), and children are eligible to attend school.

Requirements for the E1 Visa

To be eligible for an E1 visa, applicants must meet several specific requirements. Consulting with an immigration attorney can help determine your eligibility.

  1. Citizen of a Treaty Country: The applicant must hold citizenship from a country with which the U.S. maintains a commerce and navigation treaty. Eligible countries include Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Canada, Chile, China (Taiwan), Colombia, Costa Rica, Denmark, Ethiopia, Finland, France, Germany, Iran, Serbia, Ireland, Estonia, Israel, Italy, Japan, Jordan, South Korea, Honduras, Kosovo, Latvia, Liberia, Luxembourg, Pakistan, Macedonia, Montenegro, Netherlands, Mexico, Norway, Oman, Philippines, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, and the United Kingdom.
  2. Trade-Eligible Business: At least 50% of the business should be owned by nationals of a treaty country. Employees of the business may only apply for an E1 visa if they are also citizens of a treaty country. Exceptions include:
    • Joint Ventures: If citizens of two treaty countries each own 50% of the business, citizens from either country may qualify.
    • Extended Territories: Some treaties extend to territories or possessions of the treaty countries, allowing residents of those areas to qualify.
  3. Qualifying Trade Activity: To meet the E1 visa requirements, the applicant’s work must involve trade activities. According to the U.S. Department of State, this includes:
    • Meaningful Exchange: The trade must involve a significant exchange of commodities.
    • Global Reach: The business must have an international trade focus.
    • Qualifying Commodities: Trade can encompass products, money, or services.
  4. Substantial Trade Volume: The trade volume must be substantial enough to ensure a continued trade relationship between the U.S. and the treaty country. The frequency of transactions typically takes precedence over the dollar amount in evaluating trade significance.
  5. Principal Trade Partner: At least 50% of the business’s international trade must be with the U.S. to qualify under the E1 visa.
  6. Essential Role in Business: Applicants must demonstrate their essential role within the company, whether as an executive, manager, or other critical position, with supporting documentation that outlines their responsibilities and qualifications.
  7. Intent to Depart the U.S.: E1 visa applicants must show their intent to leave the U.S. upon visa expiration. While no property ownership outside the U.S. is required, a statement of intent may be necessary.

For tailored assistance or if you have additional questions about the E1 visa process, please contact us at matif@atiflawfirm.com. Our team is ready to support you through each step of your E1 visa application journey.