E-1 Treaty Trader Self-Petitioning Visa

8 CFR § 214.2(e): Temporary Nonimmigrant Work Visas

The E-1 nonimmigrant classification allows a national of a treaty country and their qualifying employees to come to the US to engage in international trade on their own behalf. It is given in increments of 2 years. The Treaty Trader’s spouse and children will be admitted as well. Spouses can apply for a work permit.

 

 

Who May File and What to File

.

The treaty trader or qualifying employee who is currently and lawfully in the US should file Form I-129 and I-129E to change status to E-1 classification. A request for E-1 for a person outside the United States should be made with the US Consulate for the area where the person lives. (See E-1 Checklist here)

.

Mandatory Initial Evidence

.

The Applicant must show that:

.

    • They are a citizen of a country that the US maintains a treaty of commerce and navigation with

.

    • Alien will be in the US solely to carry on international trade of a substantial nature, principally between the US and the treaty country considering any conditions in the treaty country that can affect the alien’s ability to carry on such substantial trade; and

.

    • Alien intends to depart the United States upon the expiration or termination of treaty trader (E–1) status.

.

Employee of treaty trader or treaty investor may be classified as E–1 or E-2 if:

.

    • they coming to the US to engage in duties of an executive or supervisory character, or

.

    • if in a lesser capacity, the employee has special qualifications that make the alien’s services essential to the efficient operation of the enterprise

.

    • They have the same nationality as the principal alien employer.

.

    • They must intend to depart the US at the end of their E–1 or E–2 status.

.

    • The principal alien employer must be from the treaty country or

.

  • An enterprise or organization at least 50 percent owned by persons in the US having the nationality of the treaty country or classifiable as treaty traders or treaty investors.

.

Showing Trade, Substantial Trade and Principal Trade

.

    • Trade can be a successfully negotiated and binding contracts for the immediate exchange of items of trade. Domestic trade without international exchange does not constitute trade for purposes of this section. This exchange must be traceable and identifiable. Title to the trade item must pass from one treaty party to the other.

.

    • Substantial trade is an amount of trade sufficient to ensure a continuous flow of international trade items. This continuous flow contemplates numerous transactions over time. A single transaction will not do no matter how big. There is no minimum amount or volume of each individual transaction. If the successive trade income is sufficient to support the treaty trader and his or her family, then substantial trade is likely to exist.

.

    • Principal trade exists when over 50 percent of the volume of international trade is done between the United States and the treaty country.

.

Consideration for Essential Services:

.

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

Request more Information

Reform Tracker

FACEBOOK