Last Updated on December 2, 2022 by Anda Malescu
In this article, we discuss the E1 Visa extension and renewal for the USA. Specifically, the focus is not on first-time applicants for E1 Visa but on applicants who already obtained an E1 visa and need to renew or extend the E1 visa or status.
The article is relevant to treaty traders and employees of treaty traders and their spouses and children when applying for an E1 extension or renewal for a previously vetted E1 company.
The E-1 Visa for Treaty Traders allows citizens of certain countries with which the United States has a commercial treaty to come to the US with their families in order to engage in substantial trade primarily between the US and their country of citizenship. You can apply for the E1 visa directly with the U.S. Consulate or Embassy abroad.
The E1 visa can be granted anywhere from a couple of months and up to 5 years based on the bilateral agreement between the United States and the country of citizenship of the treaty trader. However, regardless of the validity period of the E1 visa, when you enter the United States on an E1 visa either as a treaty trader or an employee, you are admitted for a 2-year period of stay in E1 status which is recorded on the I-94 form.
The E1 visa and the E1 status are two different concepts that are interrelated, and you must comply with both, including for extension and renewal. To better understand when an E1 visa extension or renewal is required, we discuss some examples below.
Let us say that Aiko, a citizen of Japan, who imports optical instruments primarily from the United States applies for an E1 visa at the U.S. Embassy in Tokyo on January 1, 2021. After reviewing the application and conducting an in-person interview with Aiko, the Tokyo post issues Aiko the E1 Visa for 5 years (the maximum period allowed under the treaty between the United States and Japan) valid from February 7, 2021 and until February 2, 2026.
After she receives her passport with the E1 visa stamp from the U.S. Embassy in Tokyo, Aiko travels to the United States.
On March 7, 2021, at the border, the U.S. Customs and Border Protection (CBP) officer admits Aiko into the United States on E1 status for an authorized period of stay of 2 years until March 6, 2023. The CBP officer records her dates on the I-94 form.
Now, Aiko has an E1 visa stamp in her passport that expires in 2026 but she is admitted to staying in the United States on E1 status only until 2023. When any of these expiration dates approach, Aiko must pursue an E1 visa extension or renewal.
The same is true if you are a citizen of Mexico and the U.S. Consulate in Ciudad Juarez grants you an E1 visa in your passport for 1 year (1 year or 4 years is the maximum period allowed under the treaty between the United States and Mexico at the time of the article). Once you enter the United States during that 1-year period, then you will be admitted in E1 status for a period of 2-years as indicated on your I-94 record and you will need to observe these dates and obtain an E1 extension or renewal when appropriate in order to be able to stay in the United States.
E1 Visa extension and renewal while in the United States
As discussed, qualified E1 visa treaty traders and employees with valid E1 visas can be granted a 2-year period of stay in the United States in E1 status. Before the expiration of the initial period of stay, treaty traders and employees, including their family, can extend the E1 status in two ways: traveling abroad with a valid E1 visa and re-entering or applying for an E1 extension of stay with the U.S. Citizenship and Immigration Services (USCIS).
One option to extend the E1 stay is for treaty traders, employees of treaty traders, and their spouses and children who hold a valid E1 visa in their passports to obtain a 2-year automatic revalidation when returning to the United States after a trip abroad.
The journey abroad should take place before the expiration of the authorized period of stay in E1 status. In the example above, if Aiko who has a valid E1 visa in her passport travels to Germany on February 6, 2023 (one month before the expiration of her E1 status) and returns to the United States a week later on February 15, 2023, the CBP officer can grant her an automatic new 2-year period of readmission in E1 status which expires on February 14, 2025. The CBP officer will record the new admission period in the I-94 record. However, if Aiko’s E1 visa would have been expired at the time of her trip to Germany, then she will not have been able to return to the United States, and instead, she will need to renew her E1 visa at the U.S. Consulate or Embassy abroad.
You can apply for an E1 visa extension or renewal while present in the United States
A second option is to request an E1 extension of stay from USCIS while physically present in the United States in order to be able to stay past the I-94 expiration date.
There is no limit to the number of E1 extensions an applicant can be granted and the E1 extension must be received by USCIS prior to the expiration of the authorized stay in E1 status as recorded in the I-94 record.
The request for an E1 visa extension or renewal from USCIS applies regardless of whether the E1 visa stamp in the passport is still valid or not. As long as you are in the United States and do not have plans to travel before the expiration of your E1 status, you must request an E1 extension from USCIS. Moreover, the ability to apply for an E1 extension in the United States is especially beneficial for those individuals who have commitments and cannot leave the United States to renew the E1 status or are stranded and cannot travel due to circumstances outside of their control such as during the Coronavirus (COVID-19) pandemic when many individuals on E1 status were unable to travel outside of the United States or renew their E1 visas because visa services were suspended at U.S. Consulates and Embassies abroad.
To submit an E1 extension with USCIS, E1 principal applicants (treaty traders or employees of treaty traders) must provide certain supporting documents and information including:
- Proof of nationality
- Information about the applicant (CV, job position within the E1 company, etc.)
- E1 company ownership documents (stock/share certificates, joint venture agreements, registration documents, partnership agreements, etc.)
- Proof of trade (invoices, bills of lading, air waybills, financial statements, IRS tax returns, etc.)
E1 Visa renewal outside of the United States at the U.S. Embassy or Consulate abroad.
Treaty traders and employees whose E1 visas have expired and are outside of the United States or plan to travel outside of the United States must apply for an E1 visa renewal at the U.S. Consulate or Embassy abroad.
To do so, you will need to submit an updated application and forms with the U.S. Consulate or Embassy, attend an in-person interview for your E1 visa renewal. You can apply for an E1 visa renewal as many times as needed; there are no limitations for E1 visa renewals.
To support an E1 visa renewal at the U.S. Consulate or Embassy abroad, E1 treaty traders and employees must provide a number of documents including:
- Proof of nationality (passport, birth certificate, etc.)
- Applicant information and profile (updated resume, job position, and duties within the E1 company, training, and education, etc.)
- E1 company documents (formation documents, operating agreement, partnership agreement, joint venture agreement, share certificates, register of ownership, etc.)
- Proof of trade and company viability (invoices, profit and loss statement, most recent IRS tax returns, financial statements, transaction volume by dollar amount, list of trading partners, etc.)
Malescu Law can assist
Our experienced business and immigration lawyers in Miami, Florida USA assist foreign business owners, investors, and entrepreneurs applying for E1 Visa Treaty Traders extension and renewals at USCIS or the U.S. Embassies and Consulates abroad.
Our immigration practitioners can evaluate the E1 extension and renewal case and recommend a course of action, prepare the required E1 extension and renewal documents and forms, communicate with the appropriate agency, and provide expertise for the E1 business plan. Contact us today or book a consultation.
Malescu Law P.A. – Immigration Lawyers
