E1 Treaty Trader Visa

With an E1 visa you can conduct trade, manage trade operations, and engage in other trade-related activities in the United States. 

OVERVIEW OF STEPS

1. Submit your visa application Form DS-160

2. Create user account and Pay the visa fee 

3. Complete the DS-156E 

4. Submit required documents by email to the Consulate 

5. Wait for the approval of your appointment request. Please note: This process is not immediate. We are reviewing hundreds of cases each week.

6. Schedule appointment 

7. Attend Interview 

The E1 visa is designed for individuals who engage in substantial international trade between their home country and the United States. This visa allows traders and their employees to enter the U.S. for business purposes. It is important to note that the E1 visa is not a work visa in the traditional sense; its purpose is to facilitate trade activities rather than general employment. With an E1 visa you can conduct trade, manage trade operations, and engage in other trade-related activities in the U.S.

In summary, the E-1 Treaty Trader Visa is an excellent option for individuals seeking to engage in substantial international trade with the U.S. It allows the visa holder to live and work in the U.S. while conducting trade-related activities, provided they meet the visa's eligibility requirements and maintain a qualifying business.

In a brief summary, you need a USA E1 visa when you:

• Are a citizen of a country with a trade treaty with the U.S. (e.g., the Netherlands).

• Engage in substantial international trade.

• Conduct trade that primarily occurs between the U.S. and your home country.

• Play an essential role in trade operations, such as a manager, specialist, or owner

You must demonstrate the following in order to be eligible for a E1 visa:

Treaty Country: The applicant must be a national of a country that has an active treaty of commerce and navigation with the United States. The U.S. Department of State maintains a list of treaty countries.

Qualifying Trade: The applicant must be coming to the U.S. to engage in substantial trade. “Substantial trade” refers to a continuous flow of goods or services between the U.S. and the treaty country. This trade should be substantial enough to justify the visa’s issuance. The trade can include international sales, purchases, exchanges, or trade-related services.

Nature of the Business: The trade must primarily be between the U.S. and the treaty country. This can involve the export of goods, services, or technology between the two countries, but the trade must be “international” in nature. Domestic business activities within the U.S. do not qualify for the E-1 visa.

Principal and Key Employees: The applicant must either be a principal trader or an employee of a qualifying business. If the applicant is an employee, they must be in an executive, supervisory, or specialized knowledge role, and their work must be critical to the operation of the business.

Application process

There are a few steps to follow to apply for a visa. The exact process may vary depending on your location. In general, you will need to schedule an interview at the U.S. Embassy or Consulate in your home country. If an interview is required depends on your age. An interview is not required if you are younger than 13 years or older than 80 years. 

1. Submit DS-160 form – This is an online Nonimmigrant Visa Application form that all individuals applying for a U.S. nonimmigrant visa, including the E-1 Treaty Trader visa, must complete. It is used by the U.S. Department of State to collect personal information and details about the applicant’s travel plans, background, and eligibility for a U.S. visa. It is important to print this confirmation page, as you will need to bring it with you to the U.S. visa interview. 

2. Create user account and Pay the visa fee: This process will be completed on the U.S. website. You will need to select the preferred U.S. Embassy location, create an account, and register using your email address and passport details. An amount of $185 per person should be paid before scheduling your visa interview. This fee is non-refundable, even if your visa application is denied or you decide to withdraw your application. In addition to the MRV fee, there may be a visa issuance fee that depends on your nationality. This fee is required for nationals of certain countries, and the amount varies. You can check the U.S. Department of State website or your local U.S. embassy for the exact fee applicable to your nationality.

3. Submit DS-156E form - For the E-1 visa, the applicant must also submit Form DS-156E, which is a specific form for treaty traders. This form provides additional details about the business, the trade being conducted, and the applicant’s role in that trade. 

4. Submit required documents by email (refer to separate paragraph “Required Documents”

5. After submitting the necessary forms and documents, the applicant must attend an interview at a U.S. embassy or consulate. 

6. Make an appointment after approval 

7. Attending the appointment: The consular officer will assess the application and decide whether to approve or deny the visa.

POTENTIAL EXTRA COSTS: 

• Visa Renewal Fee: If your E-1 visa needs to be renewed, you will need to pay the MRV fee again and possibly the visa issuance fee, depending on your nationality.

• Immigration Medical Exam: If required (for certain visa applicants), you may need to undergo a medical exam, which has its own cost.

• Other Service Fees: Depending on your country of residence, there may be additional fees for using visa application centers, scheduling appointments, or courier services for document delivery.

REQUIRED DOCUMENTS: 

Prepare the following documents before attending your visa interview:

• Your passport must be valid for travel to the United States (for at least six months beyond your intended stay in the U.S., unless exempt by specific agreements.)

• Receipt of application fee payment, if you are required to pay before your interview (approximately $205) and appointment letter. 

• Complete the Nonimmigrant Visa Application (Form DS-160) and bring the confirmation page to your interview.

• Complete Treaty Trader Visa Application which provides detailed information about your trade activities and the company you work for.

• Passport Photo: upload your photo as part of the DS-160 form. If the upload fails, bring a printed photo that meets U.S. visa photo requirements.

• Evidence of Trade Between the U.S and Treaty Country – the documents must demonstrate that you will be engaging in substantial trade between the U.S. and your home country. (Invoices for goods/services traded; Contracts showing ongoing trade activities; Bills of lading or shipping records; Proof of payment (bank statements, transaction records; Trade volume information (e.g., annual trade totals).

• Proof of Treaty Country which proves that your home country has a valid treaty of commerce and navigation with the U.S. (Government-issued certificate or list verifying the treaty status). 

• Proof of Employment or Ownership in a U.S.-Based Business (example: Company registration; Articles of Incorporation; Proof of employment; Job description).

• Proof of Substantial Trade which shows the trade between the U.S. and your home country is "substantial." The U.S. government does not specify an exact monetary amount, but the trade should be enough to support the business operations and justify the visa. (example: financial records; annual trade totals; business agreements; customs records (import/export filings hat reflect ongoing transactions).

Additional Documentation May Be Required (If applicable): 

Be prepared to provide additional documents to demonstrate your eligibility. These may include:

• Detailed Business Plan - If the business is newly established or if additional context is needed, provide a business plan outlining the company's trade activities, its trade volume, projections, and the role of the applicant.

• Proof of Your Role (If Employee) - If you are an employee rather than the business owner, you must provide evidence that you are an essential employee. (example: job description; salary statements; employment letter; educational qualifications). 

• Financial Support Documents (For Employees or Traders) - you may need to show that you have sufficient financial resources to support yourself and any dependents while in the U.S (example: bank statements; tax returns; proof of income). 

• Proof of Relationship to Dependents (If Applicable) - If your spouse or children (under the age of 21) are accompanying you, provide proof of your relationship with: marriage certificate or birth certificates. Also note that your spouse can apply for work authorization in the U.S. (if applying for a dependent E-1 visa), so documentation to support this may also be required.

• Legal documents: If you have had prior visa applications denied, been involved in legal disputes, or have any other significant personal or business history, additional documentation may be required to clarify the situation.

• Travel Itinerary (optional): If you have specific travel plans to the U.S. (such as a flight itinerary), it can be helpful to provide it, although it’s not usually mandatory for E-1 visa applicants.

Period of Stay

E1 visa holders are typically granted an initial stay of 2 to 5 years. Extensions are possible, provided the trade relationship remains active, and all visa conditions are met. The applicant's family (spouse and children under 21) may accompany them to the U.S. under E-1 dependent status, and the spouse is eligible to apply for work authorization.

EXTRA INFORMATION: 

Rights and Limitations:

• Work Authorization: E-1 visa holders are authorized to work only for the specific company or business for which the visa was granted. They cannot engage in employment with another U.S. company or business.

• Renewal and Extension: The E-1 visa holder can apply for extensions as long as they maintain the same qualifying status.

• Dependents: Spouses and children of the primary visa holder can live in the U.S. while the visa is valid. The spouse can also apply for employment authorization.

Key Considerations:

• Substantial Trade Requirement: "Substantial trade" can be difficult to define, but it generally refers to a significant volume of transactions between the U.S. and the treaty country. It is important that the applicant provides evidence that the trade meets the U.S. government’s standards.

• Involvement in the Trade: Applicants should be actively involved in the trade and not merely passive investors.

• Specialized Knowledge: Employees applying for E-1 status must demonstrate their specialized knowledge is essential for the business operations.

Why an E1 Visa:

No Annual Cap: Unlike other work visas such as the H-1B, there is no annual cap on E-1 visas.

Flexibility: E-1 visa holders can engage in a broad range of international trade activities.

Spouse Employment: The spouse of an E-1 visa holder can apply for authorization to work in the U.S.

Multiple Entry: The E-1 visa is generally issued as a multiple-entry visa, meaning you can leave and e-enter the U.S. as long as the visa is valid.