Treaty Trader (E-1)
The E-1 visa allows a national of a Treaty Country to be admitted to the United States in order to engage in international trade. E-1 visa holders must meet at least the following requirements of eligibility:
The treaty trader must have the citizenship of a Treaty Country;
The treaty trader must carry on substantial trade (“substantial” is assessed primarily in terms of monetary value and number of trade transactions - numerous sizable transactions are required);
More than 50% of the trade carried on by the treaty trader must be between the U.S. and the Treaty Country which qualified the treaty trader for E-1 classification.
An employee of a treaty trader is also eligible for E-1 visa status. To qualify for eligibility, the employee must meet the following conditions:
The employee must be the same nationality as the employer, who must have Treaty Country citizenship (if employer is a business, at least 50 percent of the business must be owned by nationals of the Treaty Country);
The employee must meet the definition of “employee” under the relevant law; and
The employee must be engaged in executive or supervisory duties, or have special qualifications which make the employee’s services essential for the efficient operation of the business.
Duration of Visa
Persons who qualify for E-1 status are allowed a maximum initial stay in the U.S. of two years. These persons are then eligible for an unlimited number of two-year visa extensions.
FAMILY VISA ELIGIBILITY
Spouses and minor children (under the age of 21) of E-1 visa holders may seek E-1 visa classification as dependents. This classification generally allows spouses and minor children to accompany E-1 visa holders during the entirety of their stay in the United States. Spouses of E-1 visa holders may also apply for work authorization. There is no restriction as to the type of work they may perform.
How We Can Help
A foreign national’s eligibility for an H1-B visa will depend on a variety of factors, including his/her professional qualifications, personal background, and the type of employment he/she intends to carry on in the United States. We can help employers and applicants with the LCA and H1-B visa application process.
We have experience with highly complex immigration filings and can prepare petitions for a broad variety of occupational fields. Our multi-disciplinary background in engineering and business is a significant asset, enabling us to fully comprehend and accurately describe the background and qualifications of our technical and business clients.
In addition to our legal expertise, our language skills in Spanish and Portuguese make us particularly helpful to our Latin American, Spanish, and Portuguese clients.