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.

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Duration of Visa

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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.

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FAMILY VISA ELIGIBILITY

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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.