E1 Visa Lawyer USA
The E1 Visa Lawyer in USA assists international clients with the E1 visa for treaty traders, which is one of the business visas for the USA that allows a citizen of a treaty country to temporarily come to the US in order to conduct business activities. The E1 visa for USA is a nonimmigrant visa that is available to foreign business owners, investors and entrepreneurs who engage in international trade of goods, services, banking, insurance, transportation, tourism, technology and news-related activities with the United States.
With the E1 treaty trader visa, the business owner, investor or entrepreneur can bring his or her spouse and children to live in the US. The spouse of an E1 visa holder can apply for work authorization and work in the US without any restrictions. The children can attend private or public schools and they are not permitted to work during their stay on E1 status. In addition, the E1 visa holder and the spouse and children can travel outside the United States and re-enter. The E1 visa for USA can be granted for couple of months and up to 5 years depending on the treaty between the United States and the country of citizenship of the treaty trader.
The E1 visa can be renewed when it expires without any limit on the number of renewals and extensions. Simply put, the E1 visa can be renewed indefinitely. To understand the terms and conditions of the E1 visa under the E1 treaty it is recommended to contact our E1 visa lawyer in USA.
If you are a citizen of one of the E1 treaty countries and engage in international trade primarily with the USA, contact our experienced E1 visa lawyer to check if you qualify.
In order to qualify for E1 visa, a business owner, investor or entrepreneur must meet the following key requirements:
What Citizenship Does a Trader, Business Owner or Entrepreneur Need to Have to Apply For a Treaty Trader E1 Visa for USA?
- The foreign Business Owner, Entrepreneur or Company must be a national of a country with which the United States maintains a Treaty of Commerce and Navigation. There are currently about 55 countries with whom the United States has an E1 visa treaty. Currently, citizens of the following countries qualify for E1 visa: Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, Chile, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Ireland, Israel, Italy, Japan, Jordan, South Korea, Kosovo, Latvia, Liberia, Luxembourg, North Macedonia, Mexico, Montenegro, Netherlands, New Zealand, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey and United Kingdom. For an up to date list of countries that qualify for an E1 Visa, please visit the U.S. Department of State’s Treaty Countries List.
What Amount of Trade is Substantial Enough to Qualify for the E1 Visa?
- The foreign Investor or Entrepreneur must come to the United States to engage mostly in substantial trade. To qualify as trade, there must be an exchange of commodities such as goods (furniture, electronics, apparel, merchandise, foods, etc.), moneys, or services (advertising and marketing services, professional services, accounting, tourism, interior design services, painting and others), including without limitation, goods, services, international banking, insurance, transportation, tourism and technology transfer. Because the objective of the treaties is to develop international commercial trade between the two countries, the trade activities must be international in scope. Therefore, domestic trade or the development of domestic markets without international exchange does not constitute trade. Consequently, the best E-1 visa lawyers recommend that the the import/export must support business activity in the United States and in the country of citizenship of the E1 visa investor or entrepreneur in order to qualify for the E1 visa. In addition, the trade between the E1 visa country and the United States must already be in progress on behalf of the individual or company at the time of the E1 visa application. A foreign national cannot qualify for E-1 status for the purpose of searching for a trading relationship.
What Is the Best Advice That Our Experienced E1 Visa Lawyer can Give Clients Regarding Substantial Trade?
In order to meet the requirement of engaging in “substantial trade,” the goods or services must be exchanged continuously between the two countries and involve numerous transactions over time; the focus is on the volume of transactions and not the monetary value of the transactions, although that may be taken into consideration. There is no minimum level of trade to be considered sufficient and smaller businessmen qualify, but the level of commercial activity should be sufficient to support employing workers in the US. Generally, trading with the United States for a period of 12 months or more a total trade value of at least $100,000 can qualify a foreign treaty trader, business owner or entrepreneur for the E1 visa. However, more or less trading activities may also be sufficient depending on the specific case. However, our E1 visa lawyers in USA maintain that the smaller businessman should not be excluded if demonstrating a pattern of transactions of value.
- The trade must be primarily between the United States and the Trader or Entrepreneur’s country of citizenship. In order to satisfy this requirement more than 50 % of the volume of trade must be between the US and the country of the Investor or Entrepreneur’s citizenship; in other words, more than 50 % of import/export activity must be to and from the USA. The rest of the transactions can be international trade with other countries or domestic. For example, if Company A is a US subsidiary in Miami of a firm based in Switzerland and more than 50% of trade is between the United States and Switzerland, then the fact that the company in Switzerland is also engaged in trade with other countries such as Argentina, Mexico, Austria or trade within Switzerland is irrelevant.
Why Should You Work with An E1 Visa Lawyer in USA?
Our experienced E1 visa lawyers in Miami, Florida USA can help you determine if your firm can satisfy the substantial trade requirement to qualify for an E1 visa, guide you through the E1 visa application process, strategize your case, assist you with the documents and application and communicate with the U.S. Embassy or Consulate abroad or U.S. Citizenship and Immigration Services (USCIS) to successfully obtain the E1 visa.
Malescu Law P.A. – Business & Immigration Lawyers