E1 – Trader Visa

Overview

An E-1 Visa is available for foreign nationals who wish to live in the U.S. based on international trade that exists between the U.S. and the Treaty Country.

Requirements and Eligibility of E-1 Visa

There are 3 key requirements for the E-1 Trader Visa:

You Must Be a National of a Treaty Country - The E-1 Trader Visa is only available to people from the countries with which the U.S. has a Treaty.

2. You Must Carry On Substantial Trade of Goods or Services between the Treaty Country and the U.S.

In order to satisfy this part of the test, you must fulfill the following requirements.

Substantial is not defined in the statute but the higher the volume of trade (in terms of number of transactions) and dollar value the better.

Sustained trade over $100,000. Trade under $100,000 would generally be too low and the trade should be sustained over a period of time (usually at least a year but shorter times could be considered).

Trade must be ongoing. As such, normally only existing businesses will qualify.

The trade between the Treaty Country and the U.S. must represent at least 50% of the total international trade of your business.

Must be able to produce extensive documentation regarding the trade that has occurred over a period of time.

3. You must intend to return to your Home Country after your E-1 visa expires.

Application Process

You can apply for an E-1 Trader Visa one of 2 ways:

1.Applying for an E-1 Visa While in the U.S. (in E-1 Status)

If you are currently in the U.S. on a different type of visa, you can file a petition to change your status to a “in E-1 status” with the United States Citizen and Immigration Services (USCIS). This petition is document-intensive, and you must provide documentation to support all of the elements outlined in the E-1 visa requirements. It is important to note that the change of status does NOT permit you to reenter the country the way an E-1 visa would. E-1 status is typically granted for a 2-year period. Finally, if you have dependents on your visa that are also in the U.S. (e.g. H-4) and you want to change their status, you must also file for this separately. Note: If you leave the U.S. while in E-1 Status you will need to re-apply for the E-1 status before being granted entry.

2. Applying for an E-1 Visa at a Consulate (Obtaining an E-1 Visa)

If you are outside of the U.S., you must file your petition online at the consulate’s website. E-1 visas are typically granted for between 2 & 5 years, and you are permitted to leave and enter the U.S. whenever you like. If you have dependents, separate applications must be completed for them.

How are family members treated?
E-1 Treaty Traders can get an E-1 derivative visa for the spouse and children under 21. The spouse can get work authorization but the children cannot. All parties may attend school in the U.S..

Here are the top E-1 visa questions and answers: