The E1 visa is a non-immigrant visa that permits the entry of foreign nationals (including individuals and employees) of a treaty nation into the United States and carry out substantial international trade.
The definition of “trade” is not strict and includes commercial transactions in goods and trade in services and technology like banking, insurance, accounting, tourism, communications, transportation, data processing, advertising, design and engineering and other measurable services which can be traded.
An E1 visa may also cover immediate family including spouse and unmarried children under 21. The spouse of the visa holder is entitled to work, but children are not.
E1 Visa Requirements
- The applicant must be a citizen of one of the treaty countries. However, this requirement does not apply to immediate family members.
- The applicant must intend to engage in “substantial trade”, which is not strictly defined.
- A minimum 50% of the volume of trade carried out need to be between the United States and the treaty country
- The trade can be in the form of physical movement of goods like transportation, or non-physical services, including banking and insurance, technology, tourism, or journalism.
- Applicant (employee) must be employed at supervisory or managerial role possessing highly specialized skills or knowledge essential to the efficient operation of the firm.
- The applicant should provide evidence that they intend to return to their home country at the end of the visa period
E1 Visa Term
- Length of Stay
- Initially the E1 visa grants a stay of up to two years. However, provided the conditions are still met, the initial stay can be followed by extensions of up to two years. There is no limit to the number of extensions visa holder applies for.
- The treaty trader or employee can travel out of the United States and can obtain an automatic 2-year extension upon re-admission.
However, the additional readmission extension is not granted to immediate family members of visa holders automatically, therefore, they should keep track of their length of stay and make sure to apply for extensions to remain in the United States lawfully at the appropriate time.
- Restriction on Employment
An E-1 trader or employee is only entitled to work in the activity for which they were approved for when the visa was issued. However, in case their employer has a parent company it might be possible for them to work for that organization.
How WWICS can help you get your US Business Visa?
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