FAQ Regarding E-1 Treaty Trader Classification

People who are engaged in trade with the United States are often able to obtain an E-1 visa, allowing them to enter the country to engage in trade on his or her own behalf or, in some situations, as employees of qualifying organizations. Below are answers to some of the most commonly asked questions about E-1 treaty trader visas. For more specific information, call our office today to speak with a Florida immigration attorney.

Who is Eligible for an E-1 Visa?

As enforced by the U.S. Citizenship and Immigration Services (USCIS), there are three main requirements to qualify as a “treaty trader” and obtain an E-1 visa:

  1. You are a foreign national of a country that maintains a commerce treaty with the United States;
  2. The trade in which you are engaged is considered to be substantial, which means there is a continuing and high volume of trade occurring; and
  3. The trade in which you are engaged is principally between your home country and the U.S., which means these exchanges constitute more than 50 percent of the international trade of your enterprise.

“Trade” can involve transportation, services, goods, banking services, tourism, insurance, journalism, technology, and other types of business.

In addition to the primary E-1 applicant, certain qualifying employees and/or family members may also obtain derivative visas to accompany treaty traders to the United States. There are different qualifications that employees must meet, including serving a supervisory role in the enterprise or having specialized qualifications or skills that are critical to trade operation. Family members can include spouses and/or unmarried children younger than 21 and can generally stay in the U.S. as long as the treaty trader.

How Long can a Treaty Trader Stay in the United States?

Initially, the E-1 treaty trader visa allows the holder to stay in the U.S. initially from anywhere from two  to five years. In addition, there is no limit on how many extensions you may receive with the E-1 visa, so long as you maintain the business  and you never state an intention  to live permanently in the USA.

What About Family Members of a E-1 Treaty Trader?

Individuals who come to the United States on an E-1 visa are allowed to bring their spouses and children under the age of 21 with them. In addition, the nationalities of family members do not need to be the same as the individual with the E-1 visa. Generally speaking, family members are able to say the same length of time that the E-1 treaty trader can stay.

Call a Hollywood, Florida Immigration Attorney Today to Schedule a Consultation

If you are considering pursuing an E-1 visa, you should speak with an experienced attorney as soon as possible. With more than 30 years of experience practicing law, Hollywood Immigration attorney Alex T. Barak is qualified to handle even the most complex of immigration matters. To schedule a consultation with Mr. Barak, call our office today at 954-289-6298.