The E1 visa allows foreign nationals to come to the United States to conduct “substantial trade” between their home country and the US. The business and individual must be coming from a nation that has trading treaties with the USA.
You can work with immigration solicitors, such as our expert team at Immigration Advice Service, to boost your chances of a successful application. Call us or visit us online to learn more about our services.
Eligibility Requirements for the E1 Visa
There are two types of individuals who can come to the US on an E1 visa: a treaty trader (business owner) or the employee of a treaty trader.
Treaty traders need to be a national of a country that shares a treaty of commerce with the United States. In Europe, this includes the UK, Germany, France, Italy, and more. The treaty trader also needs to intend to conduct substantial trade between their home country and the US. It needs to be at least 50% of the overall volume of the business’s trading transactions.
The requirements are similar for employees of a treaty trader. For example, they must have the same nationality as the treaty trader. They also need to have executive or supervisory roles or have special qualifications, making their lesser role essential for the business’s functions.
Please note that the E1 visa is a non-immigrant visa. This means that this visa does not provide a pathway to permanent residence and citizenship. You will not be able to apply if you are planning this type of long-term move to the USA.
Documentary Evidence for the E1 Visa
E1 visa applicants need to provide a range of documentation to conclusively prove that they are eligible for this visa. Exact documentation will vary depending on the nature of your business activities. However, standard documentation needed includes the following:
- A copy of your passport, with at least six months’ validity beyond your period of stay.
- A completed Nonimmigrant Treaty Trader, Form DS-156E. This must be signed by an officer with the power to act on behalf of the company.
- A completed Form DS-160.
- Receipt for the payment of the visa fee.
- A passport-style photograph for use on the visa.
- A cover letter explaining how your business meets the E1 visa requirements
Further documentation will also be needed if your spouse or dependents are joining you in the US. An example is marriage or birth certificates that prove the nature and legitimacy of your relationship.
You must also provide documentation relating to your business, showing proof of ownership or executive responsibility. This will differ depending on whether the business is a sole proprietorship, partnership, or corporation. You should also prepare trade documentation relating to your activities in the USA, with examples including:
- Bills of lading.
- Purchase orders.
- Trade brochures.
- Client lists.
- Accounts receivable and accounts payable ledgers.
E1 Visa Interviews
Another central requirement and an important part of the E1 visa application process is the visa interview. This is where you will meet with a consular officer, who will decide if you can qualify for the E1 visa.
The consular officer will review your documentation, ask questions about the nature of your trade, your role within the company, and any presence that your company already has in the USA. If they do not find something to their satisfaction, they may request additional evidence or information before they can make a decision.
Understanding the E2 Visa
If you realise that you aren’t eligible for the E1 visa, but are coming from a nation with which the US has a treaty of commerce and want to conduct business operations in the USA, the E2 visa could be better suited.
This visa is designed for people who want to come to the US to own and operate a US business. Like the E1 visa, you can bring your family members to the US as dependents.
The main eligibility requirements for this visa for treaty investors are as follows:
- You are a citizen of a nation with a treaty of commerce with the US.
- You will have at least a 50% stake in the business.
- You will come to the US with the sole intention of developing and running your business.
Employees of treaty traders can also use an E2 visa to come to the US, but this is only open to individuals in executive or supervisory roles. Some specialists may also be able to use this visa if their skills are essential to the business’s functions and are not readily available within the US domestic labour market. As with the E1 visas, employees must also have the same nationality as the treaty investor.
How Can Immigration Advice Service Help?
Completing a successful E1 visa application comes with challenges because you need to prove that both you as an individual and your business are eligible. This needs to be supported with a host of documentary evidence and a strong performance in your visa interview at the US Embassy or Consulate.
Working with immigration solicitors like Immigration Advice Service can go a long way towards improving your chances of success. Our team of immigration lawyers can help you to confirm that you are eligible for the visa. We can then help you to gather and validate all the necessary documentation and guide you through the entire application process, including preparation for your US Embassy interview.
Get help today by calling Immigration Advice Service. If you realise you do not have eligibility for this visa, you can also visit us online to learn more about the range of other US visa services we offer, including the E2 visa.
