Treaty Trader (E-1) visa is for a national of a country with which the United States (U.S.) maintains a treaty of commerce and navigation who is coming to the U.S. to carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital, under the provisions of the Immigration and Nationality Act.
The maximum length for which an E-1 visa can be issued is 5 years. But typically the first E-1 is issued for three years to relatively small and small businesses. Large companies with high turnover and employing many Americans can be issued the first visas for five years.
Requirements for the Treaty Trader
• The applicant must be a national of a treaty country.
• The trading firm for which the applicant is coming to the
U. S. must have the nationality of the treaty country.
• The international trade must be “substantial” in the sense that there is a sizable and continuing volume of trade.
• The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant’s nationality.
• Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.
Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal visa holder. The spouse of an E visa holder may apply to DHS for employment authorization. Dependent children of an E visa holder are not authorized to work in the U.S.
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