The Treaty Trader Visa: E-1 

The Treaty Trader Visa: E-1 

The E-1 non-immigrant visa allows nationals of a country with which the United States maintains a treaty of commerce and navigation (or an equal international agreement/legislation) to be admitted to the United States solely to engage in international trade. The trade must be substantial and should be between the country you are a national of and the U.S.. It can look like a foreign company consistently exchanging a high volume of goods or services with the U.S. for at least 12 months, where at least 50% of its total international trade is specifically between the U.S. and its home treaty country.

E-1 Qualifications

• You must be a national of a country with which the United States maintains a treaty of commerce and navigation or with which the United States maintains a qualifying international agreement, or has been deemed a qualifying country by legislation. 

• You must be able to prove you can carry on substantial trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.

Trade is the existing international exchange of items of trade for consideration between the United States and the treaty country. The items that are qualified to trade under the E-1 visa includes the following (but not limited to): 

• Goods
• Services
• International banking
• Insurance
• Transportation
• Tourism
• Technology and its transfer
• Some news-gathering activities

What is Meant By ‘SUBSTANTIAL’ Trade

This refers to the amount of trade sufficient to ensure a continuous flow of international trade items, of which the flow incurs numerous transactions over time. There is no minimum requirement regarding the monetary value of each transaction. 

When determining whether or not a trade is substantial, monetary value of the transactions is a relevant consideration when looking at substantiality. However, greater weight is given to the VOLUME, FREQUENCY, and CONTINUITY of trades. If you are the owner or employee of a smaller international business looking to trade with the U.S., you are eligible for an E-1 visa because the income derived from the high volume of trades and transactions in the U.S. is sufficient and even favorable in support of the E-1 treaty. Once the trade is established in the U.S. the firm that has the trading E-1 agreement must be at least 50% owned by nationals of the treaty country.

That being said, the principal trade (the main good/service(s) that are being traded) requires that the volume of trade taken place between the treaty country and the U.S. must be at least 50% of a company’s total international trade (the combined value of all exports and imports).

Principal Trade vs. Total Trade: The rule does not measure the company’s total business, only its international transactions. If a company conducts 70% of its business domestically within its home country, that 70% is excluded from the calculation.

An Example Scenario: 

Imagine a company based in the United Kingdom (a treaty country) has the following total sales volume:

$100,000 in total international trade.

$40,000 in trade with the United States.

$30,000 in trade with France.

$30,000 in trade with Germany.

Result: The company does not qualify for E-1 status because its trade with the United States ($40,000) is only 40% of its total international trade ($100,000).

Application for Your Employee

You can apply for the E-1 visa as a principal trader, which requires you to PERSONALLY; hold citizenship within a treaty country, own at least 50% of the enterprise, and direct the trade. However, an employee can also be eligible for the E-1 visa. They must share the same nationality of the principal trader/employer and fill an executive, supervisory, or essential-skilled role. Duties which are of an executive or supervisory character are those that primarily provide the employee ultimate control and responsibility for the treaty enterprise’s overall operation, or a major component of it. 

Now let’s say you are applying for an employee with essential skills. You will need to provide proof that their special skills and/or aptitudes are ESSENTIAL to the efficient operation of the treaty enterprise. There are several qualities or circumstances that could, depending on the facts, meet this requirement. These include, but are not limited to:

• The degree of proven expertise in the employee’s area of operations

• Whether others possess the employee’s specific skills

• The salary that the special qualifications can command

• Whether the skills and qualifications are readily available in the United States

Knowledge of a foreign language and culture does not, by itself, meet this requirement. Note that in some cases a skill that is essential at one point in time may become commonplace, and therefore may no longer qualify, at a later date.

If the principal employer is not an individual, it must be an enterprise or organization. This enterprise must be at least 50% owned by persons already lawfully residing in the U.S. whose nationality is of a treaty country. These owners must either be maintaining nonimmigrant treaty trader status or if the owners are not in the United States, they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty traders. 

Filing the E-1 Visa Application

To file for an E-1 visa, all principal trader applicants and employees must submit;

• Form DS-160 online
• complete Form DS-156E (Nonimmigrant Treaty Trader Application Form)
• pay the required fees, a copy of the receipt is required
• extensive documentation proving substantial trade between the United States and their treaty country

The application process involves several steps, usually completed through the local U.S. embassy or consulate abroad of the treaty country. Documents proving eligibility must be submitted according to the specific instructions of the embassy or consulate where you are applying.

The required documents are as follows; 

• You must demonstrate that you meet the requirements for treaty trader status

• Evidence of “substantial” and “principal” trade between the U.S. and the treaty country (e.g., invoices, shipping documents, transaction records)

• Proof that the enterprise is at least 50% owned by nationals of the treaty country
• A valid passport, photographs meeting U.S. regulations, and evidence of qualifications if applying as an employee.

• If you are an employee, submit a letter on company letterhead detailing your title, role, salary, and qualifications for an executive, supervisory, or essential skills position. 

Applications are usually reviewed on a first-come, first-serve basis, which can take up to 3 months (90 working days) depending on the U.S. embassy or consulate you are applying from. All applicants will be required to attend an in-person interview at the U.S. embassy or consulate that they are applying from. At this interview it is advisable to bring copies of all the documents you initially submitted. 

If your case is approved you will receive a non-immigrant visa allowing you to lawfully enter the U.S. and work within the treaty enterprise, in your specified employment. Spouses and children under 21 years of age may also be granted a non-immigrant status, allowing them to move to the U.S. with the principal trader/employee.

E-1 Visa Terms and Conditions  

Qualified treaty traders and employees will be initially allowed to stay for a maximum of 2-5 years in the U.S. (may vary from country to country). There is no limit to the number of extensions an E-1 nonimmigrant may be granted. All E-1 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

Difference Between E-1 and E-2 Visas

You may be aware of the E-2 Treaty Investor Visa, which is commonly linked with the E-1 Treaty Trader Visa. The fundamental difference between E-1 and E-2 visas is their purpose. E-1 visas are for international trade, while E-2 visas are for capital investment. Both require treaty eligibility, but E-1 traders must conduct substantial trade between the U.S. and their home country, whereas E-2 investors must invest substantial capital to develop a U.S. enterprise.

Some businesses naturally possess both trade and investment elements. Principal applicants can apply for both E1 and E2 visas for the same enterprise/employee(s). If and only if their circumstances meet the distinct requirements for BOTH trade and investment. The enterprise must engage in substantial international trade between the U.S. and a treaty country (E1) while also requiring a substantial investment of capital to develop and direct the business (E2). For a combined application, you must provide proof of both substantial trade volume and the investment of irrevocable funds. Both the trader/investor and the enterprise must hold the nationality of the treaty country.

Blue Lake Law Can Help You Today!

Navigating the E-1 visa process can be complex, and ensuring your application meets every requirement, from proving substantial trade to gathering the right documentation, is critical to a successful outcome. 

At Blue Lake Law, we have extensive experience with filing non-immigrant visas from abroad. We are here to guide you through every step of the process, from assessing your eligibility to preparing a thorough and compelling application. 

Contact us today to take the first step toward securing your E-1 Treaty Trader Visa.