E-1 – Treaty Traders and Qualified Employees
Business immigration : E-1 Treaty Traders
The E-1 Treaty Trader visa is a nonimmigrant visa that allows nationals of a foreign country to enter the U.S. to engage in trade. A treaty trader is a foreign national who belongs to a country that is a signatory to a treaty with the United States for business and navigation. The E-1 visa is available to qualified individuals or employees of a treaty trader organization. Trade includes commercial trade in goods and services like, for example, Banking, Insurance, Transportation, Travel and Leisure, News Media, Accounting, Engineering, Management Consulting, Technology as well as other measurable services.
Eligibility for E1 visa
You may qualify for an E-1 Treaty Trader visa if:
- You are a national of the treaty country
- You meet the definition of an employee and have the same nationality as the sponsoring treaty trader organization or individual. The employee must be employed in a managerial capacity otherwise they must be an employee with special qualifications (such as a degree, or special skills) making them essential to the organization’s operations.
- It is an organization that is at least 50% owned by the person(s) in the United States and who are the citizens of the treaty country.
- While residing in the United States, the treaty trader or employee must work in the activity that was approved when the initial E-1 visa was granted. Approval must be obtained from USCIS if there has been a change in the beneficiary’s role. Under certain circumstances, an E-1 employee may work for the parent organization.
Application for an E-1 Treaty Trader Visa
If the treaty trader is in the United States under a non-immigrant visa (in-status), they may apply for a Change of Status to an E-1 visa. If the treaty trader is outside the United States, they or the organization they belong to can apply for an E-1 Visa.
Length of stay
A treaty trader or an employee will be granted an initial stay of two years. The treaty trader can apply for extensions in increments of two years after the initial period. There is no limit on the number of extensions a treaty trader can apply for.
Family of E-1 treaty Trader
The family members of the E-1 Treaty trader or employees may also apply for dependent E-1 visas. The family members include spouses and/or unmarried children less than 21 years of age. The spouses may also apply for work authorization and on approval would be able to work in the United States in an unrelated field from the treaty trader.
E-2 – Treaty Investor Visa
The E-2 Trader Investor visa allows nationals of a country which maintains a commercial and navigation treaty with the United States to enter and reside in the United States while making a significant investment of monetary value in the United States. The U.S Department of State maintains a list of qualifying countries. Certain employees of the qualifying organization can also apply for the E-2 Treaty Investor Visa.
E-2 Treaty Investor Eligibility
In order to qualify for the E-2 Treaty Investor Visa, the investor:
- Must be a citizen of the treaty nation
- Must have invested or actively involved in the process of investing a significant amount of money in a legal enterprise based in the United States with the aim of producing goods and/or services for profit. The objective of the investment is to generate profit, however, the investment must also be subject to losses.
- Must be looking to enter the United States for the purpose of developing and managing the enterprise. The investor must show that they have ownership of at least 50% of the business or that they have managerial control of the entity via other means.
- Must have the same citizenship as a Treaty Investor and employed by the Treaty Investor.
- Must be employed in a Managerial capacity or must have special skills which make the essential part of the Treaty Investor’s operations.
- Must be an organization which is at least 50% owned by the person(s) in the United States and who are the citizens of the treaty country.
- The investment capital may not be marginal. That is to say that investment must be substantial and sufficient in either existing or new entities being created to ensure successful operation of the entity. A capital investment that does not have capacity to generate enough income to support the treaty investor and their dependents may not be allowed unless the new entity shows that it can demonstrate a plan to generate sufficient income five years from the date that the E-2 visa was issued.
Period of Stay
A treaty Investor or an employee will be granted an initial stay of two years. The treaty trader can apply for extensions in increments of two years before the initial period expires. There is no limit on the number of extensions a treaty investor can apply for.
Family of E-2 Treaty Investor
The family members of E-2 Treaty Investor or employees may also apply for dependent E-2 visas. The family members include spouses and/or unmarried children less than 21 years of age. The spouses may also apply for work authorization and would be able to work without specific restrictions.
E-3 – Restricted Specialty Occupations
The E-3 visa is only available to the nationals of Australia who are entering the United States to work in a specialty occupation which requires knowledge in a professional field that requires a bachelor’s degree. The worker must have a job offer from an employer in the United States. If the worker holds a non-immigrant visa (and is in status) and is already in the United States, they can file for a Change of Status with the USCIS.
Period of Stay
The initial period of stay is for two years. This can be extended in increments of two years without limits on the number of extensions (except in some cases).
Family of E-3 Visa worker
The spouse and children (unmarried and under 21 years of age) of the E-3 visa worker can also apply for the E-3 Visa. The spouse of the E-3 visa holder can also apply for work authorization.
How can we help?
The Law offices of Trupti N Patel & Associates, Business Immigration Attorneys, Boston have experience in obtaining E-Treaty Trader visas on behalf of their clients. If you are looking for an experienced Immigration Attorney to help you or your organization apply for an E-1 visa, please call us at (617) 367-6750.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108