E-1 Visa Lawyer NYC

What is the E-1 Treaty Trader Visa?

The E-1 visa is a nonimmigrant visa that allows nationals of countries with which the United States maintains a treaty of commerce and navigation to enter the U.S. for the purpose of engaging in substantial international trade. The E-1 visa is ideal for business owners, managers, and highly skilled employees who need to oversee or participate in ongoing trade between their home country and the U.S.

Unlike many other business visas, the E-1 visa is renewable indefinitely as long as the trade continues and all requirements are met. Spouses and children under 21 can also accompany the E-1 visa holder and enjoy many benefits, including work authorization for spouses and education for children.

E-1 Visa Requirements

• Treaty Country: The applicant must be a national of a country that has a qualifying treaty with the United States. See the full list of treaty countries.
• Substantial Trade: The business must conduct substantial trade, meaning a continuous flow of sizable international trade items, services, or technology between the U.S. and the treaty country.
• Principal Trade: At least 50% of the total international trade must be between the U.S. and the treaty country.
• Intent to Depart: The applicant must intend to leave the U.S. when E-1 status ends.
• Executive, Supervisory, or Essential Skills: Employees must serve in an executive or supervisory role, or possess skills essential to the business’s U.S. operations.

What Qualifies as “Trade” for the E-1 Visa?

Trade is broadly defined and includes the international exchange of goods, services, banking, insurance, transportation, tourism, technology, and more. Both tangible goods and legitimate economic services qualify. Examples include:

• Import/export of products
• International banking and finance
• Transportation and logistics
• Communications and data processing
• Professional services (accounting, advertising, consulting, etc.)

Applicants must provide evidence of existing trade relationships, such as contracts, invoices, bills of lading, and other documentation. The trade must be ongoing and not based on a single transaction.

Substantial and Principal Trade Explained

Substantial trade means a continuous flow of sizable international trade items, not just a single transaction. There is no set minimum dollar amount, but the volume and frequency of transactions are key factors. Principal trade means that more than 50% of the total international trade is between the U.S. and the treaty country.

Evidence of substantial trade may include:

• Bills of lading and shipping documents
• Customer receipts and sales contracts
• Letters of credit and insurance papers
• Purchase orders and carrier inventories
• Trade brochures and marketing materials

Who Can Qualify for the E-1 Visa?

• Business owners and entrepreneurs from treaty countries
• Managers and executives overseeing U.S. trade operations
• Employees with essential skills critical to the success of the U.S. business

Employees must be the same nationality as the treaty trader and serve in a qualifying role. Essential employees must demonstrate unique expertise or skills not readily available in the U.S. labor market.

E-1 Visa Benefits

• Renewable Status: E-1 visas are valid for two years and can be renewed indefinitely as long as trade continues.
• Family Inclusion: Spouses and unmarried children under 21 can accompany the E-1 visa holder. Spouses can apply for work authorization; children can attend school.
• Travel Flexibility: E-1 visa holders can travel freely in and out of the U.S. during their stay.
• No Quota Limits: There is no annual cap on the number of E-1 visas issued.
• Business Growth: Ability to expand and manage international trade operations in the U.S. market.

E-1 Visa Application Process

1. Consult with an E-1 Visa Attorney: Start with a case evaluation to determine eligibility and develop a strategy.
2. Gather Documentation: Collect evidence of trade, business operations, and qualifying relationships.
3. Prepare and File Application: Submit Form DS-160 (if applying abroad) or Form I-129 (if changing status in the U.S.), along with supporting documents.
4. Consular Interview or USCIS Adjudication: Attend an interview at a U.S. consulate or await USCIS decision if applying from within the U.S.
5. Receive E-1 Visa: Upon approval, begin or continue trade activities in the U.S. and renew status as needed.

Processing times vary by consulate and case complexity. Our attorneys guide you through every step, from initial consultation to final approval.

Including Employees and Family Members

E-1 visa holders can bring qualifying employees and family members to the U.S.:

• Employees: Must be the same nationality as the treaty trader and serve in executive, supervisory, or essential roles.
• Spouses: Eligible for work authorization and can work anywhere in the U.S.
• Children: Can attend school or college in the U.S. but are not eligible for work authorization.

Family members do not need to be the same nationality as the principal E-1 visa holder.

Why Choose Shapiro Lawyers for Your E-1 Visa?

Related Services:E-2 Visa | L-1 Visa

Disclaimer: This page is for informational purposes only and does not constitute legal advice. For personalized guidance, please consult with our attorneys.