E-1 Visa-The E-1 nonimmigrant classification enables a citizen of a treaty country (a nation with which the United States has a treaty of commerce and navigation, or with which it maintains a qualifying international agreement, or that has been designated as a qualifying country by legislation) to enter the United States exclusively for the purpose of conducting international trade on their own behalf. Additionally, certain employees of such an individual or of a qualifying organization may also qualify for this classification.
Qualifications for Treaty Trader Status
To be eligible for E-1 classification as a treaty trader, the individual must:
1- Be a national of a country with which the United States maintains a treaty of commerce and navigation, holds a qualifying international agreement, or has been recognized as a qualifying country by legislation.
2- Engage in substantial trade.
3- Carry out the principal trade between the United States and the treaty country that qualified the treaty trader for E-1 classification.
Substantial trade generally refers to an amount of trade that ensures a consistent flow of international trade items between the United States and the treaty country. This involves numerous transactions over time, with no specific requirements for the monetary value or volume of each transaction. While the monetary value is considered, more weight is given to numerous exchanges of greater value. For smaller businesses, the income derived from the value of numerous transactions that supports the treaty trader and their family is viewed favorably.
Principal trade is established when over 50% of the volume of international trade for the treaty trader is between the United States and the treaty country of their nationality.
Duration: The duration of stay and the number of entries allowed depend on the treaty country, typically ranging from 3 months to 5 years. However, if you apply for a change of status within the U.S., your stay is limited to 2 years. It’s essential to be aware of the distinction between a visa and status – a visa is necessary for travel and multiple entries to the U.S., whereas status only grants the option to stay in the U.S.
Family Members: Treaty traders and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.