E-1
Importer / Exporter
E-1
E-1 Importer / Exporter
E-1 VISA
Merchants with treaty
The E-1 VISA nonimmigrant classification allows a national of a country with which the United States maintains a treaty of commerce and navigation to be admitted to the United States solely to engage in international commerce on its own behalf. Certain employees of that person or an eligible organization may also qualify for this classification. (For dependent family members, see “Family of E-1 Treaty Merchants and Employees” below.)
See the updated list of countries with which the United States maintains a commerce and navigation treaty at U.S. Department of State’s Treaty Countries.
Who can request a change of status to the E-1 visa classification?
If the treaty trader is currently in the United States with legal nonimmigrant status, he may file Form I-129 to request a change of status to the E-1 classification. If the desired employee is currently in the United States with legal nonimmigrant status, the qualified employer may file Form I-129 on the employee’s behalf.
How to obtain E-1 visa classification if you are outside the United States
You cannot apply for E-1 visa classification on Form I-129 if the person applying is physically located outside the United States. Interested parties should consult the US Department of State website for more information about applying for an E-1 nonimmigrant visa abroad. Once the visa is issued, the person may apply to a DHS immigration officer at a port of entry to the United States for admission as an E-1 nonimmigrant.
General requirements
Of a treaty trader
To obtain the E-1 VISA classification, the merchantian by treaty must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation
- Carry out substantial trade
- Conducting principal trade between the United States and the country with which the treaty has been signed and which has allowed the trader to obtain E-1 classification.
Trade is the existing international exchange of articles of commerce in exchange for consideration between the United States and the country with which the treaty has been signed. Trade items include, but are not limited to:
- Products
- Services
- International banking
- Insurance
- Transportation
- Tourism
- Technology and its transfer
- Some news gathering activities
Substantial trade generally refers to the continuous flow of international trade items of considerable size, involving numerous transactions over time. There is no minimum requirement as to the monetary value or volume of each transaction. Although the monetary value of transactions is an important factor in considering substantiality, greater weight is given to more numerous and higher-value exchanges.
Principal trade exists between the United States and the treaty country when more than 50% of the total volume of international trade is conducted between the United States and the trader’s treaty country.
General requirements
Of the employee of a treaty merchant
To be eligible for E-1 visa classification, an employee of a treaty trader must
- Have the same nationality as the main foreign employer (who must have the nationality of the treaty country)
- Meet the definition of “employee” under relevant legislation
- Be performing executive or supervisory functions or, if employed in a lesser capacity, have special qualifications.
If the primary foreign employer is not a natural person, it must be a company or organization that is at least 50% owned by United States persons who are nationals of the country with which the treaty has been signed. These owners must maintain treaty nonimmigrant merchant status. If the owners are not located in the United States, they must be, if applying for admission to this country, classifiable as non-immigrant treaty merchants.
Executive or supervisory roles are those that provide the employee with ultimate control and responsibility for the overall functioning of the organization or a major component of the organization.
Special qualifications are skills that make the employee’s services essential to the effective operation of the company. There are several qualities or circumstances that could, depending on the facts, meet this requirement. These include, among others, the following:
- The degree of demonstrated experience in the employee’s area of operations
- Whether other people possess the employee’s specific skills
- The salary that special qualifications can bring
- Whether the knowledge and qualifications are readily available in the United States.
- Knowledge of a foreign language and culture alone does not meet this requirement. Please note that in some cases, a skill that is essential at one time may become commonplace, and therefore no longer qualified, at a later date.
Period of stay
Merchants and employees who meet the necessary requirements for the treaty will have a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit on the number of extensions that can be granted to an E-1 nonimmigrant. However, all E-1 nonimmigrants must maintain the intention to leave the United States when their status expires or is terminated.An E-1 nonimmigrant who travels abroad can, generally, receive an automatic two-year period of readmission when she returns to the United States. Generally, it is not necessary to file a new Form I-129 with USCIS in this situation.
Conditions
E-1 visa
A treaty trader or employee can only work in the activity for which he or she was approved at the time the classification was granted. An E-1 employee, however, may also work for the parent company of the treaty organization or one of its subsidiaries, as long as he:
- The relationship between organizations is established
- Subsidiary employment requires executive, supervisory or essential skills
- The terms and conditions of employment have not otherwise changed.
USCIS must approve any substantive changes to the terms or conditions of E-1 status. A “substantive change” is defined as a change fundamental bio in the basic characteristics of the employer, such as, but not limited to, a merger, acquisition or significant event that affects the previously approved relationship of the trader or employee with the organization. The treaty merchant or business must notify USCIS by submitting a new Form I-129 with fee, and may simultaneously request an extension of stay for the affected treaty merchant or employee. The petition must include evidence demonstrating that the affected treaty merchant or employee continues to meet the requirements for E-1 classification.
It is not necessary to file a new Form I-129 to notify USCIS of non-substantive changes. However, a treaty merchant or organization may seek advice from USCIS to determine whether a change is considered substantive. To request advice, the treaty merchant or organization must submit Form I-129 with the rate and a complete description of the change.
A strike or other labor dispute involving a stoppage at the planned workplace may affect the ability of a Canadian or Mexican treaty trader or employee to obtain E-1 status.
Family
Of Treaty E-1 Traders and Employees
Treaty traders and employees may be accompanied or followed by their spouses and unmarried children under 21 years of age. Their nationalities do not need to be the same as those of the treaty trader or employee. These family members can apply for E-1 nonimmigrant classification as dependents and, if approved, will generally be granted the same period of stay as the employee. If family members are already in the United States and seeking a change of status or extension of stay in an E-1 dependent classification, they may apply by filing a single Form I-539 with fee. Spouses of E-1 workers may apply for work authorization by submitting Form I-765 with fee. If approved, there is no specific restriction on where the E-1 spouse can work.
As discussed above, the E-1 trader or employee may travel abroad and will generally be granted an automatic two-year admission period when he returns to the United States. Unless family members accompany the E-1 trader or employee at the time he or she requests admission to the United States, the new readmission period will not apply to family members. To remain legally in the United States, family members must carefully observe the period of stay they have been granted in E-1 status, and request an extension of stay before their own validity expires.
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
