E1 Visa Lawyer USA
Our E1 Visa Lawyer assists international clients with the E1 visa for treaty traders, which is one of the business visas for the USA.
The E1 visa allows individuals from a treaty country to come to the US in order to do business and carry out substantial trade between the United States and their country.
Our immigration lawyers in Miami, Florida USA can assist with advising, preparing and filing all the required documents for treaty traders applying for E1 visa.
Overview:
- What is E1 Visa?
- E1 Visa Benefits
- E1 Visa Requirements
- E1 Visa Application Process
- Documents needed for E1 visa
- E1 Visa Processing Time
- E1 Visa Spouse and Children
- Who qualifies for E1 Visa?
- How long is E1 Visa valid?
- E1 Visa Extension or Renewal
- How to go from E1 Visa to Green Card?
- Conclusion
1. What is E1 Visa?
The E1 visa is a nonimmigrant visa for individuals from E1 treaty countries who wish to come to the United States to carry on substantial trade, primarily between the United States and their home country.
Employees of E-1 visa holders can also qualify, as long as they share the same nationality as the E-1 visa holder’s company or the E-1 visa holder themself. The employee’s position must be in an executive, managerial, or supervisory capacity, or involve specialized skills critical to the operation of the E-1 business.
E-1 visa holders can bring their spouse and unmarried children under 21 to live in the US with them. This allows the entire family to relocate and potentially pursue new opportunities.
The spouse of an E-1 visa holder can work in the United States without restrictions. The spouse receives employment authorization automatically (incident to status). This eliminates the need for a separate work permit application, allowing them to pursue a career in the U.S.
E-1 dependent children (unmarried and under 21) can attend both public and private schools in the U.S. Children are not permitted to work on E1 visa.
E-1 visa allows the treaty trader/employee, their spouse, and their children to freely travel outside the U.S. and re-enter. While the E1 visa allows for re-entry, it is crucial to maintain the primary purpose of the visa, which is to conduct substantial trade.
The E1 visa is valid for up to 5 years depending on the treaty trader’s country of citizenship.
Are you a citizen of a country with an E-1 treaty with the U.S.? Do you conduct substantial international trade, primarily with the USA? Our experienced E-1 visa lawyers can help you determine your eligibility and navigate the application process. Contact us today for a consultation!
2. E1 Visa Benefits
Our E-1 visa lawyers see significant advantages for not just treaty traders and their employees, but also their families. This visa offers unique benefits.
Here’s a breakdown of the key E1 visa benefits:
- Live and Work in the US: Conduct substantial trade between the US and your treaty country while residing full-time in the United States.
- Bring Your Family: Your spouse and unmarried children under 21 can accompany you on dependent visas.
- Work Authorization for Spouse: Unlike some visa categories, your spouse enjoys the freedom to work in the US without an additional work permit. They can be self-employed or pursue full-time/part-time employment with any company. While your spouse can work, your dependent children are not permitted to work in the US on an E-1 dependent visa.
- Obtain Social Security Numbers (SSN). You and your can obtain SSN.
- Education Opportunities: Your spouse and children can attend schools in the US, full-time or part-time.
- Multiple Entries and Travel Flexibility: The E-1 visa allows for multiple entries to the US, providing ease of international travel for you and your family.
- Long-Term Stay with Renewal Options: The E-1 visa is renewable indefinitely as long as you maintain eligibility criteria. This offers the potential for extended residence and business operations in the US.
- Green Card Eligibility: While the E-1 visa itself does not automatically lead to a green card, you can still pursue a green card through various avenues.
3. E1 Visa Requirements
It is essential to understand the E1 visa eligibility requirements before you embark on this journey. Our E1 visa lawyer can help you determine if you satisfy the requirements and assist you with the application process.
To qualify for an E1 visa, you must meet the following E1 visa requirements:
- You are a citizen of an E1 visa country
- Your business activities constitute trade
- The volume of trade is substantial
- Trade is primarily between the United States and your E1 treaty country
- You intend to depart the United States when your E1 status ends
- You fill an executive or supervisory position or possess skills essential to the firm’s operations in the United States (E1 employees only)
A. You are a national of one of the E1 visa treaty countries
To qualify for E1 visa, you must be a national of an E1 treaty country. Only nationals of countries with a Treaty of Commerce and Navigation with the US are eligible for E-1 visa.
Your nationality is determined by your citizenship.
The E-1 visa hinges on your citizenship, not permanent residency of an E1 treaty country. Your passport serves as the official document proving your nationality.
There are currently around 55 E1 treaty countries – explore the Department of State Treaty Country List to see if yours is included.
The E1 Visa Treaty Countries are:
| E1 Visa Countries | ||
|---|---|---|
| Argentina | Greece | Pakistan |
| Australia | Honduras | Paraguay |
| Austria | Ireland | Philippines |
| Belgium | Israel | Poland |
| Bolivia | Italy | Serbia |
| Bosnia and Herzegovina | Japan | Singapore |
| Brunei | Jordan | Slovenia |
| Canada | South Korea | Spain |
| Chile | Kosovo | Suriname |
| China (Taiwan) | Latvia | Sweden |
| Colombia | Liberia | Switzerland |
| Costa Rica | Luxembourg | Thailand |
| Croatia | North Macedonia | Togo |
| Denmark | Mexico | Turkey |
| Estonia | Montenegro | United Kingdom |
| Ethiopia | Netherlands | |
| Finland | New Zealand | |
| France | Norway | |
| Germany | Oman |
Determining nationality
In cases where the E1 treaty trader is a business, citizenship is determined by the nationality of the ultimate beneficial owners of the company. This means citizenship, not just residency, of the individuals who truly control the company is what matters.
To qualify for the E-1 visa, at least 50% of the business must be owned by nationals of an E1 treaty country.
US Citizens and Permanent Residents Do Not Count
For E1 visa purposes, when determining the nationality of a business, company owners who are legal permanent residents of the United States or U.S. citizens are not taken into consideration.
E-1 Visa Strategy with Multiple Nationalities
Our experienced E-1 visa lawyers recommend an additional strategy for those with multiple nationalities: if the business owners hold citizenship in multiple E-1 treaty countries, consider using the passport from the country with the most favorable E-1 visa terms and benefits for both the business and its prospective employees.
The E-1 visa allows you, the treaty trader, to bring foreign employees to the US in executive, supervisory, or essential roles.
Our E-1 visa lawyers recommend considering the nationality of your prospective employees when selecting the country of citizenship for your E-1 visa application. Why? All E-1 visa employees of your company must share the same nationality as the principal treaty trader. This applies even if they hold additional citizenships.
B. Your activities constitute trade
An E1 visa allows you to come to the United States to engage in business activities that constitute trade under US law. This means that there must be:
- A meaningful exchange of goods, moneys or services; and
- The exchange must be international in scope
For business activities to constitute trade for the purpose of E1 visa, there must be an exchange of commodities such as goods (furniture, electronics, apparel, merchandise, foods and others), moneys, or services (advertising and marketing services, professional services, accounting, tourism, interior design services, painting and others), including without limitation 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. In other words, it must involve the U.S. and another treaty country.
Domestic trade or the development of domestic markets without international exchange does not constitute trade.
Determining trade
Our E-1 visa lawyers emphasize two key points regarding qualifying trade activities:
- Supporting Business Activity: The import/export activities you engage in must support ongoing business operations in both the US and the E-1 treaty trader’s country of citizenship. This showcases a genuine two-way trade flow.
- Pre-Existing Trade with the US: Your company or yourself (as an individual) must already have established trade with the US before applying for the E-1 visa. There should be a clear track record of transactions between the two countries.
The E-1 visa is designed for foreign nationals who are already engaged in substantial international trade. You cannot qualify for E-1 visa status for the purpose of searching for a trading relationship.
Our E1 visa lawyers caution that you cannot qualify for E-1 visa if you do not already engage in international trade and you are simply “shopping around” for potential trading partners in the US.
C. Trade is substantial
To qualify for E1 Visa, your business must conduct substantial trade with the US.
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.
Consular officers evaluating substantial trade for E1 visas focus on the volume of transactions and not the monetary value of the transactions, although that may also be taken into consideration.
What Is the Best Advice That Our E1 Visa Lawyer can Give Clients Regarding Substantial Trade?
There is No Minimum Dollar Threshold: The good news for smaller businesses is that there’s no minimum trade value required for the E-1 visa. Even with a modest trade volume, you may still qualify. However, the business activity should be sufficient to support employing workers in the US.
While a trade value of $100,000 over a year can be a good indicator of substantial trade, it’s not a strict rule. Even with a lower total trade value, you may still qualify depending on your specific case, including the nature of business and volume of transactions. Frequent transactions can demonstrate a healthy trade relationship.
Our E1 visa lawyers in USA maintain that smaller businesses should not be excluded if they can prove that the volume and pattern of transactions is sufficient to support the treaty trader and their family.
Smaller businesses should qualify for E1 visa when there is a pattern of numerous transactions over time, even if the value of each transaction is small.
Consult with an immigration attorney to determine if your trade volume meets the “substantial” criteria.
D. Trade is primarily between the United States and your E1 treaty country
The trade must be primarily between the United States and the treaty trader’s country of citizenship.
To satisfy this requirement more than 50 % of your volume of international trade must be between the US and your country of citizenship. In other words, more than 50% of import or export activity must be conducted with the US and your E-1 treaty country. The rest of your trade volume can be from international trade with other countries or domestic trade activities.
Let’s consider Company A, a US subsidiary in Miami with a parent company in Switzerland. As long as more than 50% of Company A’s trade involves the US and the E-1 treaty country (Switzerland in this case), the company’s trade activities with other countries (Argentina, Mexico, Austria) or domestic trade within Switzerland become irrelevant for the E-1 visa application.
E. You intend to depart the United States when the E1 status ends
You must intend to leave the United States when the E1 status ends. However, you can still apply for an E1 visa extension or renewal if you choose to do so. This requirement does not prohibit you from applying for an E1 visa renewal.
F. You fill an executive or supervisory position or possess skills essential to the firm’s operations
To be eligible for an E-1 visa as an employee, you must share the same nationality as the principal E-1 treaty trader (your employer). This applies even if you hold additional citizenships.
You must also fill an executive or supervisory/managerial position or demonstrate that you play an essential role in the operation of the US company.
This can include your role and qualifications as a supervisor, manager or executive, or otherwise having special qualifications.
4. E1 Visa Application Process
While US consulates abroad hold extensive expertise in handling E-1 visa applications, our E-1 visa lawyers highlight two options for applying:
- Apply at a US Consulate Abroad, or
- Apply with USCIS while in the US
Treaty traders and their employees can apply for E1 visa at a U.S. consulate abroad or change status to E1 by applying for change of status with USCIS while in the United States.
Our team can advise you on the most efficient and successful approach for your E-1 visa journey. Contact our E-1 visa lawyers today. We’ll help you navigate the complexities of the E-1 visa application process and choose the optimal path for your situation.
But with two application paths – US Consulate abroad or USCIS change of status – confusion can arise. Here, we break down the key differences between processing the E1 visa at a US Consulate or through USCIS:
- Validity Period
- US Consulate: Consular officers have the authority to approve E-1 visas for the maximum allowable period based on your treaty country citizenship. This can extend up to 5 years for certain countries.
- USCIS: When processing a change of status to E-1, USCIS can only grant status for a maximum of 2 years regardless of your treaty country. Extensions are required to maintain E-1 status beyond the initial 2 years.
- Travel Flexibility
- US Consulate: An E-1 visa issued by a US Consulate allows you to travel freely in and out of the US for business or personal reasons during the validity period.
- USCIS Change of Status: An E-1 status obtained through USCIS is terminated upon departure from the US. You would need to obtain an E-1 visa issued by a US Consulate abroad to return to the US.
5. Documents Needed for E1 Visa
The E-1 visa application process requires a comprehensive set of documents, tailored to each applicant’s unique circumstances.
Here are some of the documents you need:
- Company letter describing in detail the nature and function of the business and the applicant’s position
- Information about the ownership and nationality of the business
- Documents proving substantial trade, including purchase orders, bills of lading, sales contracts, client lists, invoices, receipts, inventories, financial statements, tax returns and others
- Proof of intent to depart the United States when your E1 status expires
- Marriage license for E1 visa spouse
- Birth certificate for E1 visa dependent children
- Valid passport
- Required forms
- I-94 record, if applicable
- MRV application fee receipt
- Visa appointment letter
6. E1 Visa Processing Time
The E1 visa processing time is:
- US Consulates Abroad: On average, E-1 visa processing at US embassies and consulates worldwide takes 2 to 4 months.
- USCIS Change of Status: If you are already in the US under a different visa, changing your status to E-1 with USCIS offers two options: Premium Processing (15 Business Days) for expedited processing for an additional fee or Regular Processing (4-6 Months) for standard processing time with a lower cost.
7. E1 Visa Spouse and Children
The E-1 visa allows you to bring your spouse and any unmarried children under the age of 21 to the US.
The spouse and dependent children of a principal E-1 visa holder can qualify for derivative E-1 visas regardless of their country of citizenship. This ensures your family can be united while you pursue your business endeavors in the US.
What Do Our E1 Visa Lawyers Advise Clients Regarding Spouses and Children?
Our E1 Visa Lawyer advises clients that their spouses and children do not need to have the nationality of an E1 treaty country in order to obtain an E1 visa.
The nationality of your spouse and unmarried children under 21 is irrelevant for their E-1 derivative visa applications. As long as you, the principal applicant, are a citizen of an E-1 treaty country and qualify for the E-1 visa, your family can join you in the US.
Additionally, the spouse of an E-1 visa holder enjoys unrestricted work authorization in the US. They can legally work for any US company, full-time or part-time, or even be self-employer.
Our experienced E1 Visa Lawyers explain that spouses are automatically considered employment authorized based on their E-1 spouse status. This eliminates the need for a separate work authorization application.
While E-1 visa spouses enjoy work flexibility, it is important to note that dependent children of E-1 visa holders are not eligible to work in the United States.
However, dependent children of E-1 visa holders enjoy a significant advantage. They can enroll in full-time or part-time studies at any public or private school in the US without needing a separate student visa.
8. Who qualifies for E1 Visa?
The E1 visa caters to individuals who are treaty traders or entrepreneurs from E1 treaty countries.
The E1 visa is available to foreign businesses, 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.
E1 visas are more commonly used by entrepreneurs who have an established company abroad and a U.S. customer base. These entrepreneurs use the E1 visa to continue the ongoing business or services with U.S. customers. In some cases, foreign companies may be looking to enter the U.S. market.
Early-stage startups can find it hard to qualify for the E1 visa due to the requirement to show a track record of substantial trade.
Qualifying E-1 visa businesses can also bring executive, managers or essential employees to the US. This applies to employees who share the same nationality as the principal E-1 visa holder (their employer)
Currently, citizens from about 55 treaty countries can qualify for E1 visa. 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.
9. How long is E1 Visa valid?
The E1 visa validity depends on the reciprocity between the United States and your treaty country.
The E-1 visa issued by a US Consulate can be valid for a maximum of 5 years, depending on your specific E-1 treaty country. Upon entering the US, you will typically be granted an initial authorized stay of 2 years.
To remain in the US beyond the initial 2 years, you can travel and re-enter prior to your visa expiration or file for extensions with USCIS.
Your status determines how long you can stay in the US on an E1 visa and not the validity of your visa.
10. E1 Visa Extension or Renewal
You can extend or renew your E1 visa. As long as you continue to meet eligibility requirements and operate a qualifying E-1 business, you can indefinitely renew your E1 visa or extend your E-1 visa status.
To understand the terms and conditions of your E1 visa you should contact our E1 visa lawyers in USA or visit our page on how to extend your E1 visa.
11. How to go from E1 Visa to Green Card?
The E1 visa allows foreign nationals to do business in the US and expand their existing companies and divisions. It allows you to establish a US branch or subsidiary and actively participate in trade activities. However, the E1 visa does not automatically lead to a green card as it is the case with all other nonimmigrant visas.
While the E-1 visa does not directly lead to a green card, it offers a strategic first step. It allows you to build your business presence in the US and explore options for permanent residency.
Your options to go from E1 visa to green card are:
- EB-5 Investor Visa
- EB-2 NIW
- EB-1
- Employer-sponsored PERM EB-2 and EB-3 green card
- Family-sponsored green card
12. Why You Should Work with An E1 Visa Lawyer in USA?
The E-1 visa can be a powerful tool for international businesses. However, navigating the E1 visa laws and regulations can be complex. Consulting with a qualified E-1 visa lawyer to ensure a smooth application process and maximize your chances of success. US licensed immigration lawyers are the only professionals authorized to practice law in the United States.
Our experienced E1 visa lawyers in Miami, Florida USA can help you determine if you or your company meet the E1 visa requirements, guide you through every step of the application process and develop a compelling case to strengthen your chances of E1 visa approval.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers