E-1 Treaty Traders

 The E-1 visa category permits a citizen of a treaty country (a nation with which the United States has established a treaty concerning commerce and navigation, or which has entered into a qualifying international agreement, or has been designated as such by legislation) to enter the United States for the sole purpose of conducting international trade on their own behalf. Additionally, certain employees of such individuals or qualifying organizations may qualify for this classification.  

Qualifications for Treaty Trader Status

To qualify for E-1 classification, an applicant must meet the following criteria as a treaty trader:

• Be a citizen of a nation with which the United States maintains a treaty concerning commerce and navigation, or with which the United States has a qualifying international agreement, or which has been identified as a qualifying country by legislation;
• Engage in substantial trade; and
• Conduct principal trade between the United States and the treaty country that warranted the treaty trader's E-1 classification.

Trade refers to the ongoing exchange of goods, services, international banking, insurance, transportation, tourism, technology and its transfer, and certain news-gathering activities between the United States and the treaty country. 

Substantial trade generally implies an amount of trade significant enough to ensure a continuous flow of international trade items between the United States and the treaty country. This entails multiple transactions over time, without a specific requirement for the monetary value or volume of each transaction. While the monetary value is considered, more emphasis is placed on numerous exchanges of higher value. For smaller businesses, income derived from numerous transactions supporting the treaty trader and their family is favorable. 

Principal trade between the United States and the treaty country exists when over 50% of the treaty trader's international trade volume occurs between the United States and the treaty country of their nationality. 

Qualifications for the Employee of a Treaty Trader

To be eligible for E-1 classification, the employee of a treaty trader must:

1. Share the same nationality as the principal noncitizen employer (who must possess the nationality of the treaty country).
2. Meet the legal definition of an "employee."
3. Either hold duties of an executive or supervisory nature, or if employed in a lesser capacity, possess special qualifications that are indispensable for the efficient functioning of the treaty enterprise.

If the principal non-citizen employer is not an individual, it must be an enterprise or organization owned by individuals in the United States who hold at least 50% ownership and have the nationality of the treaty country. These owners must either: (a) maintain non-immigrant treaty trader status or (b) if they are not present in the United States, they must be classifiable as non-immigrant treaty traders if they were to seek admission to the country. 

Duties classified as executive or supervisory involve providing the employee with ultimate control and responsibility for overseeing the overall operation of the treaty enterprise, or a significant component of it. 

Special qualifications refer to skills and/or aptitudes that are crucial for the efficient operation of the treaty enterprise. Various qualities or circumstances may meet this requirement depending on the circumstances. These could include, but are not limited to:

• Demonstrated expertise in the employee’s field of operations.
• The uniqueness of the employee’s specific skills compared to others.
• The salary commensurate with the special qualifications.
• The availability of similar skills and qualifications within the United States.

It's important to note that proficiency in a foreign language and culture alone does not fulfill this requirement. Additionally, a skill that is considered essential at one point in time may become commonplace and no longer qualify at a later date. 

Duration of Stay

Qualified treaty traders and employees are eligible for an initial stay of up to two years. Requests for extensions of stay in E-1 classification or changes of status to E-1 may be approved in increments of up to two years each. There is no set limit to the number of extensions an E-1 nonimmigrant may receive. However, all E-1 nonimmigrants must maintain the intent to depart the United States upon the expiration or termination of their status.

Upon traveling abroad, an E-1 nonimmigrant may typically be granted an automatic two-year period of readmission to the United States, provided they are deemed admissible by a U.S. Customs and Border Patrol Officer.

Terms and Conditions of E-1 Status

A treaty trader or employee is authorized to engage only in the activity for which approval was granted at the time of classification. However, an E-1 employee may also work for the parent company or subsidiaries of the treaty organization, provided that:

• There is a documented relationship between the organizations; 
• The subsidiary employment necessitates executive, 
• supervisory, or essential skills; and 
• The terms and conditions of employment remain unchanged.

Family Members of E-1 Treaty Traders and Employees

Treaty traders and employees may be joined or subsequently accompanied by their spouses and unmarried children under 21 years of age. The nationality of the family members does not necessarily need to match that of the treaty trader or employee. Spouses and children are eligible to apply for E-1 non-immigrant classification as dependents. If approved, they will typically receive the same duration of stay as the primary employee.

This is for information purpose only. If you feel you qualify under this section, please contact us and we will be more than happy to discuss your case.