The E-1 Treaty Trader Visa is a nonimmigrant visa for foreign citizens from treaty countries of the United States. The E-1 Visa allows treaty traders and employees of treaty trader companies to enter the U.S. to conduct international trade transactions. Treaty countries maintain a treaty of commerce and navigation with the United States. Citizens from treaty countries such as the United Kingdom, Mexico, Singapore, and Chile are eligible for the E1 Visa.
The application for the E1 Visa can be done within the United States by changing status or outside the United States through consular processing. The requirements of the Treaty Trader Visa include proof of the nationality of the treaty trader, evidence of substantial trade with the US, and establishing nonimmigrant intent. The E-1 Visa holder is able to bring his/her spouse and minor children to the US. Multiple and unlimited renewals are allowed to maintain valid E1 status for the treaty trader. E1 Visa holders can only work for the company that sponsored their visa.
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What is an E-1 Visa?
The E-1 Visa (Treaty Trader Visa) is a nonimmigrant visa for citizens of U.S. treaty countries granting temporary entry for international trade purposes. A treaty country is a nation that maintains a treaty of commerce and navigation with the United States. The E-1 Treaty Trader Visa is utilized by a sole trader or a company with trade representatives to go to the U.S. and continue their trading transactions.
How Does an E-1 Visa Work?
The E1 Visa facilitates substantial trade between the United States and nationals from its treaty countries. Trade is defined as the existing international exchange of trade items between the US and the treaty country. Trade items and areas include but are not limited to goods, services, tourism, banking, technology, and transportation. Substantial trade means that there is a sufficient amount of trade that enables a continuous flow of international trade items between the treaty country and the US. A continuous flow of trade items pertains to numerous transactions over time without a minimum requirement as to the monetary value or volume of each transaction. Principal trade exists between the U.S. and the E1 treaty country when over 50% of the volume of international trade is conducted between these two countries.
Who is Eligible for an E-1 Visa?
The E1 Visa is given to qualified treaty traders or employees of treaty trade companies. Here are the eligibility requirements for the E1 Treaty Trader Visa.
- Be a national of a treaty country of the United States. Treaty countries include Australia, Ethiopia, Germany, Mexico, Pakistan, and Singapore.
- Conduct substantial trade with the United States.
- Conduct principal trade with the United States.
- Be an employee of a treaty trader organization.
- Be of the same nationality as the principal treaty country employer. At least 50% of the organization must be owned by persons in the US who have the nationality of a treaty country if the principal noncitizen employer is not an individual.
- Meet the legal definition of “employee”.
- Engaged in executive or supervisorial duties, or have special qualifications that make the employee’s services vital to the operation of the treaty company.
What are the Benefits of E-1 Visa?
The E-1 Visa has the following advantages for the citizen of treaty countries.
- Multiple renewals. The E-1 Visa can be extended in 2-year increments unlimitedly.
- E1 dependent visa. The spouses and minor children of treaty traders can join them in the U.S. for the duration of their E1 Visa. Spouses of E1 Visa holders are allowed to work in the US.
- Free travel in and out of the US. The E-1 treaty trader is allowed to travel outside the US and is granted an automatic 2-year period of admission to return to the US.
What are the Risks of E-1 Visa?
These are the disadvantages of the E1 Visa for treaty traders and their employees.
- Employment restriction. The E-1 Visa holder can only work for the treaty trader organization that sponsored his/her Treaty Trader Visa.
- Eligibility restriction. Only citizens from treaty countries of the US are qualified for the E-1 Visa. Nationals from non-treaty countries such as India, China, United Arab Emirates, Venezuela, and Nepal are not eligible for the E1 Visa.
- Nonimmigrant status. The E1 Visa is only for temporary entry into the US for purposes of conducting trade transactions.
How Much Does an E-1 Visa Cost?
The cost of an E-1 Visa application is $205. Additional fees such as visa issuance fees or reciprocity fees vary per country.
How to Apply for an E-1 Visa?
There are two ways to apply for the E1 Visa. Application within the US is done through the U.S. Citizenship and Immigration Services (USCIS). Application outside the US is done through the US embassy or consulate in your home country.
Application within the US (Change of Status)
- File Form I-129, Petition for a Nonimmigrant Worker to the U.S. Citizenship and Immigration Services (USCIS).
- Pay the visa fees and submit the required documents.
- Obtaining Form I-797, Approval Notice.
Application outside the US (Consular Processsing)
- Fill out Form DS-160, Online Nonimmigrant Visa Application.
- Pay the visa fee.
- Schedule your visa interview.
- Complete the required documents.
- Attend your visa interview in the US embassy or consulate in your home country.
How Long is the Process of E-1 Visa?
The average processing time for the E-1 Visa in the USCIS is 6 months. There is an option for premium processing which shortens the processing time to 15 calendar days. Check the Visa Appointment Wait Times in your US embassy or consulate if you are applying for the E1 Visa outside the United States.
How Long Does it Take to Be Approved for an E-1 Visa?
The time for an E1 Visa approval depends on the number of applications received by the USCIS or the embassy in your country. The E1 Visa process can take 2-4 weeks up to 6 months after which you will be notified whether your application has been approved or not.
What are the Requirements for an E-1 Visa?
Here is the complete list of E1 Visa requirements for treaty traders.
- Valid passport.
- US Visa photo.
- Form DS-160 confirmation page.
- Form DS-156E, Nonimmigrant Treaty Trader/Investor Application.
- Receipts of visa fees.
- Visa appointment letter.
- Letters or documents proving that you or your employer conduct substantial trade with the US.
- Proof of your nonimmigrant intent such as property deeds, apartment leases, or business documents.
- Proof of citizenship from a treaty country.
- For employees of treaty trader companies.
- Documents that prove the nationality of the principal treaty country employer.
- Letter from employer indicating your position and why you are essential for international trade.
How Long Can I Stay on an E-1 Visa?
The initial E-1 Visa validity is 2 years. The E-1 Visa can be extended for 2-year increments unlimitedly to continue trade transactions with the US.
What are the Interview Questions of E-1 Visa
The E-1 Visa interview takes place in the U.S. embassy or consulate in your home country. Make sure to answer the interview questions truthfully to avoid visa denials. Here are 5 sample E-1 Visa Interview Questions and Answers.
- What does your company do? Be prepared to talk about your business or your employer. Discuss briefly the products or services that your company offers.
- What makes you eligible for the E-1 Visa? Explain the nature of your company’s business. International substantial trade must be proven between your country and the US.
- Where will you be staying in the US? Mention your intended residence in the US for the duration of your stay.
- Will you be traveling with another person to the US? Answer honestly if you will be bringing your qualified dependents with you to the US.
- What will you do after your visa expires? You need to prove nonimmigrant intent when applying for the E1 Visa. Bring supporting documents to prove your ties to your home country.
What are the Countries that can Apply for an E-1 Visa?
The E-1 Visa is given to citizens of treaty countries of the US. E1 treaty countries include the United Kingdom, Israel, Taiwan, Chile, and New Zealand. Countries that are ineligible for the E-1 Visa include Peru, Vietnam, Nigeria, South Africa, and Saudi Arabia.
What are the Differences Between E-1 Visa and E-2 Visa?
The E-1 Visa and E-2 Visa are both under the E Visa category for treaty traders and investors. The E-2 Visa is a nonimmigrant visa for foreign investors from treaty countries of the US. Here we have the differences between the Treaty Trader and Treaty Investor Visas.
- Purpose. The E1 Visa is used by foreign citizens for international trade purposes between their countries and the US. The E2 Visa is used by foreign citizens to invest substantial capital in a U.S. business.
- Eligibility. Both the E-1 and E-2 Visas require applicants to come from treaty countries. There are fewer treaty countries that are qualified for the E-1 Visa compared to the E-2 Visa. Sri Lanka, Bahrain, and Morroco are examples of treaty countries that are qualified for the E2 Visa but not for the E1 Visa.
- Immigration intent. E1 Visa applicants must prove nonimmigrant intent to be eligible for the Treaty Trader Visa. The E-2 Investor Visa is dual intent which allows applicants to have the intention to apply for permanent residence (green card) while on a nonimmigrant visa.
What are the Differences Between E-1 Visa and EB-5 Visa?
The E-1 Visa and EB-5 Visa are two different types of US Visas. The EB-5 Visa Program is for foreign investors who can invest a minimum capital in a US business. The investment has to generate at least 10 full-time jobs for American workers. Here are the main differences between the E-1 Visa and the EB5 Immigrant Investor Program.
- Visa type. The E1 Visa is a nonimmigrant classification that only allows a temporary stay in the US. The EB5 Visa is an immigrant visa that grants permanent residence (green card) to foreign investors.
- Eligibility. Only nationals from treaty countries are allowed to apply for the E-1 Treaty Trader Visa. The EB 5 Visa Program is eligible for foreign investors from all countries.
- Validity. The E-1 Visa is valid for a period of 2 years. The EB-5 Visa is valid for an initial 2 years of conditional permanent residence. The conditions on permanent residence can be removed to grant a 10-year green card for the EB-5 US Investment Visa holder and their dependents.
Can My Spouse and Children Come with Me on an E-1 Visa?
Yes, the E1 Visa is eligible for the dependent spouse and unmarried children under 21 of the treaty trader. The spouse can work legally in the US and their children can obtain a US education.
Can I Obtain an E-1 Visa Despite Having a Criminal Record?
Applicants with criminal records have to go through additional steps to obtain an E1 Visa. You will be evaluated by immigration officers if you are qualified for an inadmissibility waiver to be granted entry into the US even with a criminal offense. An inadmissibility waiver allows inadmissible non-US citizens to enter the US temporarily. Foreign citizens with crimes that fall under the scope of inadmissibility grounds as per U.S. law will not be granted an inadmissibility waiver. The scope of inadmissibility covers crimes involving moral turpitude (kidnap, rape, murder, manslaughter, forgery) and drug violations. Persons with no record of these crimes are qualified for an inadmissibility waiver.
Can An E-1 Visa Holder Apply for a Green Card?
Yes, you can go from E1 Visa to Green Card by changing into an immigrant visa or a dual intent visa. The E-1 Visa holder must maintain nonimmigrant intent to maintain valid E1 status. The E2 Visa is a dual intent visa that an E1 Treaty Trader can apply for to be eligible for a green card. The EB5 Visa is an immigrant visa that grants a green card through investment for the E1 Visa holder.
Get to know more about your options to change your E-1 Visa to Green Card.
Is E-1 Visa Required to Be a US Citizen?
No, an E-1 Visa is not a requirement to become a US citizen. The naturalization process to become a U.S. citizen includes being at least 18 years old, having continuous residence in the US, and being a lawful permanent resident for the past 3 or 5 years.
Is Getting an E-1 Visa Difficult?
E-1 Visa denials increased by 2.8% from 2017 to 2017 according to the Nonimmigrant Visa Statistics from the U.S. Department of State (DOS). Common grounds for denial include an unclear business structure, inability to prove nonimmigrant intent, and insufficient evidence of substantial trade with the US.