You would have wondered if you can take a business tour, do business in the US or you may want to know if you can be an employee using the E-1 Treaty Trader, worry not this article will help you understand better and show you the critical for that.
E-1Treaty Trader visa gives non-US citizens permission to enter the USA for the goal of carrying out tangible, international trade, as either the owner or qualifying employee of an eligible non-US business.
An E-1 treaty trader or employee can just perform work that has been approved under the scope of the visa conditions. This includes, you having to work only for an approved company or a parent company.
E-1 treaty trader visas are basically given for an initial stay of 2 years, and you can apply for an extension if you meet the eligibility requirements. There is no duration to the number of extensions. You can be out of the US during this time, and while applying for re-entry, you will automatically get a 2-year extension.
E 1 Visa Requirements
There are various requirements that have to be met for you to be eligible to apply. some of these requirements are:
The basic requirement is for an E-1 treaty trader visa applicant to be a citizen of one of the treaty countries, i.e. a country that has a treaty of commerce with the US.
The business you are going through for the trade in the US has to be registered as an E-1 Treaty Trader business.
The company application should be filed at the US consulate at the very time as the business’s first individual E-1 treaty trader visa application is made.
For you to qualify, the company must be owned and controlled by at least 50% by individuals holding passports from a treaty country, and it must always partake in trade with the United States.
A qualifying trade is defined as the existing international exchange of items of trade for consideration between the US and the treaty country of the foreign company. Items of trade include goods, services, international banking, insurance, transportation, tourism, technology, and newsgathering activities.
Trade must be substantial
You will have to show proof that the trade is “substantial”. although there is no given time to the amount or value of trade, it should involve various transactions over time.
At most 50% of the company’s international trade should be between the US and the required treaty country.
Intention to leave the US
The E-1 visa is a non-immigrant visa, which means you are expected to leave the US on visa expiry. It is not a way to US permanent residency.
Therefore, your application will have to show that you were intent on leaving the US by proofing that you have ‘sufficient ties’ to your home country. This can include documentation like proof of mortgage statements, employment-related documents, details about your family that illustrate that you will maintain ties in your country.
The space to apply to the extent your E-1 treaty trader visa will still be provided for you to continue to meet all of these E-1 visa requirements.
E-1 Supporting documents
You will have to show evidence that satisfies the E-1 treaty trader visa requirements. The required type of documents depends on the stipulations of the Consular post where you are filing your application:
- A description of the goods or services
- Documents showing qualifying transactions with the US, such as copies of shipping invoices
- A calculation of the percentage of documented international trade with the US
E1 Employee requirements
If you are applying for an E-1 visa as an employee of an E-1 business, you may need to get the following:
- You are a citizen of the same treaty country as your E-1 employer and E-1 company.
- You have an executive, managerial or supervisory role involving specialist skills or knowledge.
- Your employer is in the US under a valid E1 visa, or outside the US and able to meet the E-1 requirements.
- You plan to return to your home country after completion of your work in the US and before visa expiry.
- Proof of your residence in the UK if a British national.
While an E-1 company registration still remains valid, employees can still apply for E-1 status to support trading activities in the US. They can apply for E-1 status at the consular post where the E-1 registration application was filed without submitting documents substantiating the foreign company’s US trading activities.
Can dependents apply under the E-1 visa?
An E1 visa holder is allowed to bring dependents, spouses, and unmarried children who are under 21 years of age. Dependents, spouses are allowed to apply for work authorization in the US. Children although are not.
Dependent visa applications can be done at the time of the E-1 employee’s interview, or by scheduling for another interview at a US consular post following approval of the E-1 employee’s visa application.
Can the E-1 visa be renewed?
E-1 company registrations and Employee visas can be renewed indefinitely, as long as the foreign company continues to meet E-1 requirements, and the employee is still an employee of the foreign company.
No limit is placed on the number of times E-1 company registrations or E-1 treaty trader visas may be renewed, but E-1 visa applicants have to maintain an intent to return to their home country after completion of their work in the US.
You can now work in a company or be an independent worker so long as you meet the major critical of the E-1 treaty trader visa.
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