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E1 Treaty Trader Visa

E-1 US Visa Status To Conduct Business and Trade in the US

The E-1 status is a nonimmigrant visa reserved for aliens who enter the U.S. to conduct trade between the U.S. and a treaty country. To qualify:

  • there must be a treaty between the alien’s country and the U.S.
  • the individual and/or business must be a national of the treaty country
  • the activities must consist of trade
  • the trade must be substantial and
  • the trade must be principally between the U.S. and the treaty country.

The alien must be employed in a supervisory or executive position or one involving skills essential to the operation of the enterprise. "Trade" means exchange, purchase, or sale of tangible good and services, and the transfer of technology. A foreign national cannot qualify for E-1 status for the purpose of searching for a trading relationship.

The E-1 status alien must be a bona fide nonimmigrant who intends to depart the U.S. when his or her stay is completed, but the alien does not need to maintain a foreign residence and does not need to specify a date by which he or she intends to depart the U.S. permanently. The alien may remain in the U.S. indefinitely, as long as the trade continues to qualify for treaty classification and the alien continues to maintain valid status.

Treaty aliens are admitted to the U.S. for an initial period of one year, regardless of the period of validity of the alien’s visa. On every trip abroad, a treaty alien is readmitted for a new period of one year. Treaty aliens who travel abroad at least once a year never need to obtain extensions through an application to the USCIS. Those who do not travel abroad need to apply for extensions to the USCIS by mail, the USCIS can grant extensions in increment of two years with no limit on the total period of stay.

Dependents
Family members of an alien qualified for E-1 status are classified in the same subcategory as the principal alien, no separate subcategory is designated just for family members. Spouses of the principal alien may apply for employment authorization. Children of treaty aliens cannot obtain INS authorization to work, but they can attend school and may qualify for a different nonimmigrant category for which employment is authorized. Family members do not have to be citizens of the treaty country.

Family members of an alien qualified for E-1 status are classified in the same subcategory as the principal alien, no separate subcategory is designated just for family members. Spouses of the principal alien may apply for . Children of treaty aliens cannot obtain INS authorization to work, but they can attend school and may qualify for a different nonimmigrant category for which employment is authorized. Family members do not have to be citizens of the treaty country.

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