Invest in the USA

E-1 Treaty Trader

E-2 Treaty Investor

E-1 Treaty Traders (“TT”):

The E-1 nonimmigrant classification allows a national of a treaty country to be admitted to the United States solely to engage in international trade on his or her own behalf.  Employees of such a person or of a qualifying organization may also be eligible for this classification.

How to Obtain E-1 Classification if Outside the U.S.:

  • US Consulate/Embassy Processing required.
  • A request for E-1 classification may not be made on Form I-129 if the person being filed for is physically outside the United States.  Interested parties should refer to the U.S. Department of State website for further information about applying for an E-1 nonimmigrant visa abroad.
  • Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-1 nonimmigrant.

Who May File for Change of Status (while in the U.S.)to E-1 Classification:

  1. The Individual TT:
    If the TT is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-1 classification.
  2. The E-1 Employer/Company:
    If the desired employee is currently in the US in a lawful nonimmigrant status, Form I-129 may be filed by the Employer on behalf of the employee.

    General Qualifications of a Treaty Trader:

    E-1 treaty trader must:
    1. Be a national of a treaty country
    2. Carry on substantial trade between the US and the treaty country.
    3. There will be a substantial dollar value to the trade between the US and the treaty country.
    4. The majority of international (i.e. not including transactions within the Treaty country or within the US) trade transactions undertaken by the applicant (have been and) will be between the US and the treaty country.
    5. The majority of the dollar value of trade (has been and) will be between the US and the treaty country.
    6. TT (or his/her employees seeking E1 visas) has sufficient business acumen and experience to develop and direct the trade.

    Nationality of the Business and the Foreign National Investor

    The Foreign National investor that is seeking an E-2 visa must be a citizen of a Treaty Country. The following Countries have Treaties With the US For E-2 Purposes, and therefore if you OR your spouse is a citizen of one of the following countries, you OR your spouse will be eligible to apply as an E-2 Investor:
     United Kingdom (Except Republic of Ireland)
    Albania
    Argentina
    Armenia
    Australia
    Austria
     Bangladesh
    Belgium
    Bulgaria
    Cameroon
    Canada
    China (Taiwan)
    Colombia
    Congo, DR (Kinshasa)
    Congo R of Brazzaville
    Costa Rica
    Czech Republic
    Ecuador
    Egypt
    Estonia
    Ethiopia
    Finland
    France
    Georgia
    Germany
    Grenada
    Honduras
    Iran
    Ireland
    Italy
    Jamaica
    Japan
    Jordan
    Kazakhstan
    Korea
    Kyrgyzstan
     Latvia
    Liberia
    Lithuania
    Luxembourg
    Mexico
    Moldova
    Mongolia
    Morocco
    Netherlands
    Norway
    Oman
    Pakistan
    Panama
    Paraguay
    Philippines
    Poland
    Romania
    Senegal
    Slovak Republic
    Spain
    Sri Lanka
    Suriname
    Sweden
    Switzerland
    Thailand
    Togo
    Trinidad and Tobago
    Tunisia
    Turkey
    Ukraine
    Yugoslavia (Former Countries)
    Zaire
    Dual Nationality: If you have more than one nationality, we may use the qualifying nationality to satisfy this requirement. However, if you entered the US under one nationality (non-qualifying) you will not be able to switch to an alternative nationality for E visa purposes.

    “TRADE” Defined:

    Trade is the international exchange of items of trade for consideration between the U.S. and the treaty country. Trade ITEMS include but are not limited to:
    1. Goods
    2. Services
    3. International banking
    4. Insurance
    5. Transportation
    6. Tourism
    7. Technology and its transfer
    8. Some news-gathering activities.
    See 8 CFR 214.2(e)(9) for additional examples and discussion.

    “SUBSTANTIAL TRADE” Defined:

    • Substantial trade refers generally to the continuous flow of sizable international trade items, involving numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. While monetary value of transactions is an important factor in considering substantiality, greater weight is given to more numerous exchanges of greater value.
    See 8 CFR 214.2(e)(10) for further details.

    “PRINCIPAL TRADE” Defined:

    • Principal trade between the United States and the treaty country exists when over 50% of the total volume of international trade is between the U.S. and the trader’s treaty country.
     See 8 CFR 214.2(e)(11).

    General Qualifications of the Employee of a TT

    To qualify for E-1 classification, the employee of a TT must:
    1. Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
    2. Meet the definition of “employee” under the relevant law
    3. Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
    • If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country.
    • These owners must be maintaining nonimmigrant treaty trader status. If the owners are not in the US, they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty traders.
    See 8 CFR 214.2(e)(3)(ii).

    Executive Or Supervisory Duties:

    • are those which primarily provide the employee ultimate control and responsibility for the organization’s overall operation, or a major component of it.
    See 8 CFR 214.2(e)(17) for a more complete definition.

    SPECIATLY SKILLY DUTIES:

    Special qualifications are skills which make the employee’s services ESSENTIAL to the efficient operation of the business, qualities that include, but are not limited to:
    1. The degree of proven expertise in the employee’s area of operations
    2. Whether others possess the employee’s specific skills
    3. The salary that the special qualifications can command
    4. Whether the skills and qualifications are readily available in the United States
    Knowledge of a foreign language and culture does not, by itself, normally qualify as evidence for this requirement.
    See 8 CFR 214.2(e)(18) for a more complete definition.

    Period of Stay

    Two (2) Years:
    • Qualified TT and employees will be allowed a maximum initial stay of two years.
    Extensions/Renewal:
    • Requests for extension of stay may be granted in increments of up to two years each.
    • An E-1 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the U.S. without necessarily having to file a new Form I-129 with USCIS.
    Time Limits:
    • There is no maximum limit to the number of extensions an E-1 nonimmigrant may be granted.
    Nonimmigrant Intent:
    • All E-1 must maintain an intention to depart the United States when their status expires or is terminated.

    Terms and Conditions of E-1 Status

    • A TT or employee may only work in the activity for which he or she was approved at the time the classification was granted.
    • An E-1 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:
    1. Relationship between the organizations is established
    2. Subsidiary employment requires executive, supervisory, or essential skills
    3. Terms and conditions of employment have not otherwise changed.
    See 8 CFR 214.2(e)(8)(ii) for details.

    “SUBSTANTIVE CHANGE” Defined:

    • A “Substantive Change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty trader or employee’s previously approved relationship with the organization.
    • USCIS must approve any substantive change in the terms or conditions of E-1 status.
    • The TT or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty trader or affected employee and evidence that the TT or affected employee continues to qualify for E-1 status.

    NON-SUBSTANTIVE CHANGES:

    • do not require the filing of a new Form I-129. USCIS may be contacted seeking advice as to whether the change is considered substantive.
    • To request advice, the TT or organization must file Form I-129 with fee and a complete description of the change.
    See 8 CFR 214.2(e)(8)

    Strikes/Labor Disputes
    • A strike or other labor dispute involving a work stoppage at the intended place of employment may affect a Canadian or Mexican treaty trader or employee’s ability to obtain E-1 status.  See 8 CFR 214.2(e)(22) for details.

    Family of E-1 TTs and Employees

    1. TTs and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.
    2. Their nationalities need not be the same as the treaty trader or employee.
    3. These family members may seek E-1 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.
    4. If the family members are already in the US and seeking change of status to or extension of stay in an E-1 dependent classification, they may apply by filing a single Form I-539 with fee.
    5. Automatic two-year period extensions will only apply to the Family members of the TT and Employee if they accompany the TT or Employee at the time of admission.

    Work for E-1 Spouses:

    Spouses of E-1 workers may apply for work authorization by filing Form I-765 which approval will allow work for any US employer.

    Benefits of an E-1 Visa

    1. Initially be granted for up to two years, during which time the holder may travel freely in and out of the U.S.
    2. May be renewed in two-year increments an unlimited number of times. This can allow the Treaty Trader to remain in the U.S. for a prolonged period to ensure the continued success of the business.
    3. Automatic two-year readmission/extensions when TT/Employee travels abroad
    4. Receive authorization to work legally in the United States for the trading firm.
    5. No prior requirement for qualified employees to have worked for the TT for at least one year previously.
    6. Spouse and Family Members under 21 years of age may accompany TT/Employee
    7. Employment Authorization Document available for Spouse of TT/Employee allowing employment for any US employer in any occupation (However, the children may not accept employment.)

    Retaining our Firm

    As you may appreciate, we pay particular attention to detail. We want to ensure that the best possible application is produced to comply with the laws and thereby allow you and/or family and/or employees begin trading in the United States. We will enter into a formal retainer agreement so that we both will know what is to be expected through our relationship. In this manner, we will ensure that we maintain the best attorney-client relationship possible.

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