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E-1 Treaty Traders

E-1 Treaty Traders

Do you and your company want to trade goods and/or services with the U.S.?

Does your company want you to travel to the U.S. to do trade and business with U.S. companies and corporations?

If you answered “Yes” to the questions above, the E-1 visa might be the right choice for you! However, it would be best for you to ensure that your country qualifies and is on the list of countries designated by the United States as one whose citizens are eligible for an E-1 visa. In other words, there are several countries’ nationals who are not eligible, mainly because their country does not currently have an E1 visa trade treaty with the United States.

International traders from Treaty countries may be able to apply for an E-1 visa to enter the U.S. to participate in substantial trade transactions. Nearly two trillion U.S. dollars worth of foreign goods and services were traded last year (U.S. Census Bureau, 2010), and America, ”the land of opportunity,” continues to inspire more international traders to do business with American companies and corporations. If you are one of those who have an interest in doing business and trade in America, the content below will explain what you need to do to get the appropriate with green card work visa.

What does a Treaty Trader visa applicant need to show?

  • Proof that the applicant is a national of a Treaty country.
  • That he or she does not have the intent of permanently living in the United States (this can be documented by proof of a foreign residence that the applicant has no interest in abandoning, as well as ties to the foreign country, such as family members, a job, bank accounts, social relationships, etc.).
  • Documentation that the nationality of the trading firm for which the applicant is traveling from is a Treaty country — this includes documenting ownership information.

The following documents are considered by Immigration in making a determination whether trade exists between the countries:

  • Lists of investors with current status and nationality;
  • Company stock certificates;
  • Certificate of ownership issued by the commercial section of a foreign embassy;
  • Reports from a certified public accountant (CPA).
  • Evidence of “substantial” international trade between the United States and the country of the applicant (i.e., must be a considerable and ongoing volume of trade between the foreign company and the United States company).

The following documents are considered by Immigration in making a determination whether trade exists between the countries:

  • Bills of Lading;
  • Customs receipts;
  • Letter of credit;
  • Trade brochures;
  • Purchase orders and/or insurance papers documenting commodities imported;
  • Carrier inventories and/or sales contracts;

More than 50 percent of the international trade involved must be between the U.S. and the country of the applicant’s nationality.
Trade should be for international exchange of goods, services, and/or technology and title of the trade items must pass from one party to the other.

Proof that the applicant is a supervisor or executive of the firm or have highly specialized skills that are vital to running the firm. Proof include:

  • Certificates, diplomas or transcripts;
  • Letters from employers describing job titles, duties, operators’ manuals, and the required level of education and knowledge.
  • Ordinary skilled or unskilled workers do not qualify.

Can my spouse and children accompany me to the U.S. on an E-1 visa?

Yes, your spouse and children under the age of 21 can accompany you as dependents.

Can my spouse and/or children legally work/study in the United States while staying with me in the U.S. on an E-1 visa?

Yes, your spouse and children can work in the United States upon receipt of employment authorization. Your children can also study in the United States.

How long can I stay in the U.S. with an E-1 visa?

The initial period of entry granted by Immigration is generally for two (2) years. If an extension is filed and granted, it is usually in 2-year increments. There are no limits to the extensions for an E-1 visa.

Conclusion

If you are a national of a country that qualifies for the E-1 Treaty Trader program, you can establish your business in the United States and continue doing so for many years, especially because you are allowed to indefinitely extend your visa. Remember, the E-1 visa requires a non-immigrant intent, which means you should not have intend to permanently live in the United States. Your spouse and children under the age of 21 can accompany you, and they are eligible to work after they obtain employment authorization from the United States Citizenship and Immigration Services (USCIS).

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