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The E1 visa is a non-immigrant visa that authorizes foreign citizens from treaty countries to engage in substantial trade between their homeland and the US. These countries hold a treaty of commerce and navigation with the United States, permitting entry and business engagement within the country. This blog post will explore the E1 visa, including the requirements, benefits, limitations, and how to apply for it.
Eligibility Criteria to Get an E1 Visa
Below are some eligibility criteria you must meet to get an E1 visa.
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Treaty Country Citizenship
To apply for and become eligible for an E1 visa, the applicant must be a citizen of a treaty nation. The list of treaty countries is available on the United States Department of State's website.
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Substantial Trade
The applicant must have considerable trade between the United States and the treaty nation. It implies a substantial flow of goods, services, or technology between the United States and the treaty nation.
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Trade Principal
The applicant must be either the principal trader, indicating the individual who directs and manages the trade between the United States and the treaty nation, or an executive, manager, or essential employee of the principal trader.
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Continuous Trade
The trade between the United States and the treaty nation must be continuous, not just a one-time deal. The applicant must exhibit that they will continue to trade between the United States and the treaty nation.
Benefits of the E1 Visa
One of the main benefits of the E1 visa is that it allows the visa holder to enter and exit the United States as often as needed while the visa is valid. It is an ideal option for business owners who frequently travel between their home country and the United States. Below are some advantages of getting an E1 visa.
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Flexible Eligibility Requirements
Unlike other visa types, such as H1B or L1 visas, there are no stringent educational or professional prerequisites to qualify for an E1 visa. The main prerequisite is to be a citizen of a nation with a qualifying treaty with the United States.
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No Quota Restrictions
No quota on the number of E1 visas allocated yearly. You don't need to stress about competing with other applicants or being rejected because of visa caps.
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Access to U.S. Markets
The E1 visa authorizes you to tap into the vast United States market, which can be a substantial advantage for companies looking to expand their functions.
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Easy Renewals
Once you receive an E1 visa, renewing is fairly easy. As long as you fulfil the eligibility criteria and your ongoing trade activities, you can generally renew your E1 visa indefinitely.
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Dependents Can Accompany You
If family members want to join you in the United States, they may be eligible for E1 dependent visas. It authorizes them to live and work in the United States while they conduct their business activities.
Limitations of the E1 Visa
While getting an E1 visa has numerous advantages, it is not free from restrictions.
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Restricted to Certain Nations
To be eligible for an E1 visa, you must be a citizen of a country with a qualifying pact with the United States. It implies that not all nations are eligible for this visa category.
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Limited to Trade Activities
The E1 visa is specifically designed for people engaged in trade between the United States and their home country. You may need to consider a distinct visa category to conduct other trade activities, such as opening a branch office or handling a subsidiary.
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Limited to Specific Industries
The E1 visa is generally only available to people engaged in trade in specific industries, such as technology, manufacturing, or consulting. If your company falls outside these industries, you may not be suitable for an E1 visa.
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Can't Work for Other Employers
If you're in the United States on an E1 visa, you can only work for the business that sponsored your visa. It implies that you can't work for other organizations while you're in the United States.
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No Path to Permanent Residency
Unlike other visa classes, such as the EB-5 investor visa, there is no direct way to permanent residency through the E1 visa. If you want permanent residency in the United States, you may need to consider other choices.
How to Apply for the E1 Visa
Below are the steps you need to follow when applying for an E1 visa.
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Determine Eligibility
Before applying for an E1 visa, applicants must determine if they meet the eligibility prerequisites. And to be eligible for an E1 visa, the applicant must be a national of a treaty country that has a treaty of commerce and navigation with the United States. The applicant must also be coming to the United States to engage in considerable trade, defined as the constant flow of goods or services between the United States and the treaty nation.
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Complete the DS-160 Form
The subsequent step in the application procedure is to meet the DS-160 form, which is the nonimmigrant visa application form. The applicant must provide information about their employment history and reason for travel to the United States. The form must be completed and submitted online.
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Plan an Interview
After completing the DS-160 form, the applicant must schedule an interview at the nearest United States embassy or consulate. The interview is an important part as the consular officer asks the applicant questions about their eligibility for the visa and their purpose of travel to the United States. The applicant must bring all required documents to the interview.
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Collect the Required Documents
To apply for an E1 visa, the applicant must deliver specific documents to the consular officer. These documents comprise:
- The validity of the passport should be at least six months.
- One 2x2 inch colour photo
- DS-160 verification page
- Proof of substantial exchange between the United States and the treaty nation
- Proof of the citizenship of the treaty nation
- Proof of the applicant's qualifications for the work in the United States, if applicable
- Proof of the applicant's intent to leave the United States after the expiration of the E1 visa
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Attend the Interview
On the interview day, the applicant must arrive at the consulate or embassy at least 15 minutes before the planned time. They must bring all necessary documents and be prepared to answer questions about their eligibility for the visa and their objective of travel to the United States. If the consular officer approves the visa, they will provide the applicant with instructions on picking it up.
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Pick up the Visa
If the E1 visa is approved, the applicant will be provided instructions on picking up the visa. The visa will be attached to the applicant's passport, and they can move to the United States to engage in substantial trade.
Key Terms for E1 Visas
- International Trade: It is the exchange of goods and services between nations.
- Treaty Country: A country with a commerce and navigation treaty with the United States.
- E1 Visa Eligibility: An applicant, to be eligible for the E1 visa, must be a citizen of a treaty country, engaged in considerable trade with the United States, and coming to the United States exclusively to engage in trade.
- Substantial Trade: Trade that concerns a significant volume of transactions and that is continuous and ongoing.
Final Thoughts on E1 Visas
The E1 visa is an excellent choice for foreign nationals who want to trade substantially between the United States and their home country.
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Meet some of our E1 Visa Lawyers
Karl D. S.
Karl D. Shehu, has a multidisciplinary practice encompassing small business law, estate and legacy planning, real estate law, and litigation. Attorney Shehu has assisted families, physicians, professionals, and people of faith provide for their loved ones by crafting individualized estate and legacy plans. Protecting families and safeguarding families is his passion. Attorney Shehu routinely represents lenders, buyers, sellers, and businesses in real estate transactions, researching and resolving title defects, escrowing funds, and drafting lending documents. To date, Attorney Shehu has closed a real estate deal in every town in Connecticut. As a litigator, Attorney Shehu has proven willing to engage in contentious court battles to obtain results for his clients. While practicing at DLA Piper, LLP, in Boston, Attorney Shehu represented the world’s largest pharmaceutical companies in multidistrict litigations filed throughout the United States. He has been a passionate advocate for immigrants and the seriously injured, frequently advising against lowball settlement offers. He is willing to try every case to verdict, and he meticulously prepares every case for trial. Attorney Shehu began his legal career as a consumer lawyer, utilizing fee-shifting statutes to force unscrupulous businesses to pay the legal fees of aggrieved consumers. For example, in Access Therapies v. Mendoza, 1:13-cv-01317 (S.D. Ind. 2014), Attorney Shehu utilized unique interpretations of the Trafficking Victims Protection Act, Truth-in-Lending Act, and Racketeer Influenced and Corrupt Organizations Act (RICO) to obtain a favorable result for his immigrant client. Attorney Shehu is a Waterbury, Connecticut native. He attended Our Lady of Mount Carmel grammar school, The Loomis Chaffee School, and Chase Collegiate School before earning degrees from Boston College, the University of Oxford’s Said Business School in England, and Pepperdine University School of Law. At Oxford, Karl was voted president of his class. Outside of his law practice, Attorney Shehu has worked to improve the world around him by participating in numerous charitable endeavors. He is a former candidate for the Connecticut Senate and a parishioner of St. Patrick Parish and Oratory in Waterbury. In addition, Attorney Shehu has written extensively on the Twenty-fifth Amendment and law firm retention by multinational firms.
Michael T.
I have been in practice since 1990 and practice in D.C., Maryland, and Virginia. I am an experienced litigator and look forward to resolving your legal questions as efficiently as possible.
Richard G.
Hello! I am an Iowa native trying to bring some Midwest problem-solving to southern civil law. I thoroughly enjoy getting to know the individuals and businesses I assist. I practice estate planning and business formation and, with my litigation experience in mind, I help clients plan to ensure they and their interests are protected in the future.
Danielle G.
Danielle Giovannone is the principal of Danielle D. Giovannone Law Office. In her experience, Danielle has found that many business do not require in-house legal counsel, but still need outside counsel that knows their business just as well as in-house counsel. This need inspired Danielle to start her firm. Before starting her firm, Danielle served as Contracts Counsel at Siena College and as an attorney at the New York City Department of Education, Office of the General Counsel. At the NYCDOE, she served as lead counsel negotiating and drafting large-scale commercial agreements, including contracts with major technology firms on behalf of the school district. Prior to the NYCDOE, Danielle worked as an associate at a small corporate and securities law firm, where she gained hands-on experience right out of law school. Danielle has provided legal and policy advice on intellectual property and data privacy matters, as well as corporate law, formation and compliance, employer liability, insurance, regulatory matters, general municipal matters and non-profit issues. Danielle holds a J.D. from Fordham University School of Law and a B.S. from Cornell University. She is active in her Capital District community providing pro bono services to the Legal Project, and has served as Co-Chair to the Niskayuna Co-op Nursery School and Vice President of Services to the Craig Elementary School Parent Teacher Organization. Danielle is a member of the New York State Bar Association.
Michael J.
Combining extensive experience in litigation and as general counsel for a real estate and private equity company, I provide ongoing guidance and support to clients on a variety of transactional matters, including business formation, partnership agreements, corporate agreements, commercial and residential leasing, and employment issues.
June 13, 2022
Jason Q.
I am a Florida estate planning and probate attorney helping clients achieve their goals through personalized legal strategies. Excellent communication, thorough preparation, and accurate execution are the keys to success.
July 8, 2022
AHAJI A.
Ahaji Amos, PLLC is a Houston-based intellectual property and civil litigation firm servicing clients throughout the U.S.
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E-1 Visa
Location: Wyoming
Turnaround: Over a week
Service: Prepare & File
Doc Type: E-1 visa
Number of Bids: 2
Bid Range: $8,500 - $10,000
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