The E1 visa is a specialized visa available to business professionals from designated “treaty countries.” It permits them to work in the United States and actively participate in trade activities between the U.S. and their home country, spanning various industries such as transportation, communication, banking, advertising, and management.

Benefits of the E1 Visa

The E1 Visa offers numerous advantages, including:

• Legal work authorization in the United States.
• Freedom to travel in and out of the United States.
• The visa’s potential for indefinite renewal, in two-year increments.
• Eligibility for immediate family members (spouse and unmarried children under 21) to apply for E1 status. Under E1 status, children can attend school, and spouses can seek employment authorization (the EAD: Employment Authorization Document).

E1 Visa Requirements

Several requirements must be met to qualify for an E1 visa:

• Applicants must be nationals of a country with which the United States maintains a treaty of commerce and navigation.
• The work conducted must be classified as “trade,” involving a meaningful, international exchange of qualifying commodities such as goods, money, or services. Existing trade between the applicant or entity and the United States is essential.
• The trade conducted must be substantial, ensuring a continuous flow between the U.S. and the treaty country.
• A minimum of 50% ownership by nationals of the treaty country is required for businesses applying as treaty traders. Employees must also be nationals of the treaty country, with a few exceptions.
• The applicant should play a crucial role in the company’s success, demonstrating their necessity for efficient operations.
• There is an obligation to provide evidence of plans to leave the United States upon the termination of E1 visa status, typically in the form of a declaration.

The E1 visa application process involves several steps:

• Filing Form G-28 with your attorney’s representation.
• Providing necessary documents about your business and trade.
• Obtaining a U.S. Company Support Statement.
• Scheduling and attending a visa interview at a U.S. consulate.

Required Documents for E1 Visa

Documents required may include:

• Proof of business ownership and nationality.
• Evidence of substantial trade.
• Proof of intent to return to your home country following your stay in the United States.
• Completed forms (DS-160, DS-165E, I-129, I-907, G-28).
• Valid passport and visa photo.
• Receipts for fees.
• Visa appointment letter.
• Letter from your employer.

E1 Visa Fees

Fees associated with the E1 Visa and Change of Status applications:

• E1 Visa application fee: $205 per applicant.
• Change of Status filing fee (Form I-129): $460.
• Optional premium processing fee: $1,440.
• Additional fee for dependents: $370.

Processing times vary based on factors such as the time of year and the specific consulate used:

• E1 Visa: Generally takes around 2-3 months.
• Change of Status: Typically processed in 6-8 months; expedited processing available within 15 days with premium processing.

E1 Extension

The E1 visa is initially valid for two years but can be extended without limitations. To apply for an extension, certain forms may be required:

• Form I-129: Petition for a Nonimmigrant Worker.
• Form I-539: Application to Extend/Change Nonimmigrant Status for dependents.
• If circumstances change, updates to paperwork may be necessary.

Conclusion

The E1 visa presents a unique opportunity for eligible businesspeople from treaty countries to work in the United States while facilitating substantial trade. This guide provides an overview of its benefits, requirements, process, and more. If you have questions or need further assistance, please feel free to contact us.