General 

The United States has entered into trade treaties with various countries to facilitate and encourage international trade and the free flow of commerce across borders.  The E visas are a product of the U.S.’ effort to alleviate the impediments to international transactions. 

The E visas permit nationals of countries that have trade treaties with the U.S. to live and work in the United States in order to manage their investments and trade. 

There are two types of E visas, the E-1 Treaty Trader and the E-2 Treaty Investor.  In this article we will explore the E-1 Treaty Trader visa, a visa which is ideal for those with subsidiaries in the U.S. or who are seeking a visa that will allow them to set up a company in the United States. 

International Trade with the U.S. 

The E-1 is a non-immigrant category that permits those who engage in a substantial amount of trade with the United States to enter the U.S. and manage their enterprise.  The volume of trade between the U.S. and the foreign country must be significant and make up a majority of the foreign business’ trade.

Requirements

You may be eligible for an E-1 visa if you meet the following qualifications: 

• You are a national of a country that has entered into a trade treaty with the U.S.
• Your foreign company is also a “national”  of your home country
• You and/or your foreign company own a majority share in the U.S. business that will be  your place of transfer
• The trade done between your home country and the U.S. must be substantial and constitute an ongoing flow of goods, services, or technology
• You must be employed in a supervisory or executive capacity, or possess skills essential to the efficient operation of the business  

What Constitutes “Trade”?

The federal regulations define trade for E-1 purposes as the international exchange of goods/services must be traceable and identifiable.  For example, where goods are being exchanged, title must move from one individual/company to the other.

Commercial goods and services include, but are not limited to, chattle (moveable personal property), business services, international banking, insurance, funds, transport, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, and the transfer of technology and/or intellectual property.

What Constitutes “Substantial Trade”? 

Level of Trade 

To qualify for an E-1 visa it will not suffice to simply engage in minimal or even moderate trade with the United States, but rather the trade must be substantial.  The regulations do not set out a minimum volume of trade that must be met, but the lower the level of trade the less likely you will be eligible for an E-1. 

For the trade to be considered substantial, the volume must be sufficient to secure a continuous flow of transactions between the United States and the treaty country.  Thus, those who have contracts and/or engage in constant and consistent transactions with the U.S. will likely be candidates for an E-1 visa. 

Value of Trade                                                                                   

It is important to note that the value of the flow of trade between the U.S. and treaty country is also a factor in the determination of whether one qualifies for an E-1.  As is the case with the question of what constitutes an adequate level of trade, there is no minimum monetary value that must be met in terms of the flow of goods and/or services between the two countries.  However, the E visas are clearly intended to be used for high value transactions.  For example, it is unlikely that one would qualify for an E-1 visa if the income they derived from the trade they engaged in with the U.S. would not be sufficient to support the applicant and his or her family while residing in the U.S. 

Primary Trading Partner 

The U.S. must be your business’ primary trading partner for you to qualify as an E-1 treaty trader.  To meet this requirement, over 50% of the entire trade your company engages in internationally must come from the United States. 

Length of stay

An E-1 visa holder may be admitted to the U.S. for an initial period of not more than 2 years.  However, requests for extensions of stay may be granted every two years and there is no limit on the amount of times one may extend their status.  

Accompanying Spouses 

The accompanying spouse of a Treaty Trader may work in the United States upon receiving an Employment Authorization Document.

E1 Visa Contries 

The following countries have treaties with the United States that allow qualifying nationals to apply for Treaty Trader status:

Ife S. Ashabo, B.A., J.D., F.L.C. 

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