The E Visa category is intended to encourage trade and investment by extending special immigration opportunities to foreign nationals from Treaty Countries. Those eligible for immigration through an E Visa usually fall under the categories of “Trader” or “Investor,” but E Visas can also be granted to essential employees.
If you work for a company from a Treaty Country and have a special, essential role in promoting trade, you may be a candidate for an E-1 Visa. The Treaty Trader category is ideal for consultant and can be a good option for applicants who work for a company in the technology sector.
If you are a substantial investor (or potential investor) in a company from a Treaty Country, please visit our page on E-2 Investor Visas.
Holders of E-1 Visas can stay in the United States indefinitely, as long as their trade activities continue. Spouses and unmarried children (under 21 years old) may accompany an E-1 Visa holder as derivative beneficiaries.
To be Eligible for an E1 Visa:
- You must be a citizen of a country that is party to the E Visa Treaty
- The sponsoring company must be primarily owned or controlled by nationals of the same Treaty Country
To qualify under the E-1 Treaty Trader category, you must be coming to the United States to carry on substantial trade principally between the United States and your country. Further, the applicant must be employed in a supervisory or executive capacity or else possess “highly specialized skills essential to the efficient operation of the firm.”
Successfully applying under the E Visa category requires the preparation not only of documents to comply with State Department regulations but also substantial documentation regarding corporate relationships, investments, trade, applicant duties, etc. Though this may seem simple in principle, in practice gaining an E Visa can be complicated. We invite you to contact us for a free consultation to discuss your situation with our experienced Nevada immigration attorneys.
Often in immigration law, certain terms have precise legal meanings beyond their usual meaning. Below we explain a few of the key terms in the E-1 Visa category, but for an analysis of your unique circumstances you should meet with an experienced immigration lawyer who can help you understand whether or not an E-1 Visa is right for you.
For visa purposes, “trade” can include goods, services, technology, monies, international banking, insurance, transportation, tourism, communication, and certain news gathering.
“Substantial” trade means not just a few large transactions but rather a series of transactions over an extended period of time (volume, frequency, and duration are more important than dollar-value).
Trade must be “principally” between your country and the United States, meaning over 50 percent, but can also include other countries.