E-1 (Treaty Trader)

The E-1 nonimmigrant classification allows a national of a treaty country to be admitted to the United States only to engage in international trade on his or her own behalf. Few employees of such a person or of a qualifying organization may also be eligible for this.

Qualified treaty traders and employees will be allowed for two years of Maximum initial stay. Requests for extension of stay in, or changes of status to, E-1 classification may be granted in increments of up to two years each. However, there is no limit to the number of extensions of an E-1 nonimmigrant may be granted. All of them must maintain an intention to depart the United States when their status gets expired or is terminated.

Below is the list of countries with which the United States maintains a treaty of commerce and navigation can be found at: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

General Qualifications of a Treaty Trader

To qualify for E-1 classification, the treaty trader must be a national of a county with which the United States maintains a treaty of commerce and navigation or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation. The trader should carry on some substantial tradeandon principal trade between the United States and the treaty country.Items of trade include, but are not limited to:

• Goods
• Services
• International Banking
• Insurance
• Transportation
• Tourism
• Technology and its transfer
• Some news-gathering activities

Substantial trade means amount of trade sufficient to ensure a continuous flow of international trade items between the United States and the treaty country. The continuous flow contemplates numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. Though monetary value is a relevant factor, greater weight is given to more numerous exchanges of greater value. For smaller businesses, the income derived from the value of numerous transactions which is sufficient to support the treaty trader and their family is a favorable factor.

Principal trade between the United States and the treaty country exists when over 50% of the volume of international trade of the treaty trader is between the United States and the treaty country of his nationality.

General Qualifications of the Employee of a Treaty Trader

To qualify for E-1 classification, the employee of a treaty trader must be the same nationality of the principal alien employer (who must have the nationality of the treaty country). He must meet the definition of “employee” under relevant law. Lastly, either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications that make the employee’s services essential to the treaty enterprise.

If the principal alien employer is an enterprise or organization then it should be at least 50% owned by persons in the United States who have the nationality of the treaty country. These owners must either: (a) be maintaining nonimmigrant treaty trader status or (b) if the owners are not in the United States, they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty traders.

Special qualifications are skills and/or aptitudes which make the employee’s services important to the efficient operation of the treaty enterprise. There are many qualities or circumstances that could, depending on the facts, meet this requirement. These include, but are not limited to:

• The degree of proven expertise in the employee’s area of operations
• Whether other possess the employee’s specific skills
• The salary that the special qualification can command
• Whether the skills and qualifications are readily available in the United States