What Is the E-1 Treaty Trader Visa and How to Obtain It?

What Is The E-1 Visa?   

The E-1 Treaty Trader Visa is a visa that allows citizens of countries with trade agreements with the United States to trade and expand their businesses there. This visa provides an important opportunity for business owners and investors, especially those involved in international trade. The E-1 visa allows you to trade in the U.S. while supporting the growth of your business and accelerating your trade activities. You can check the U.S. Department of State's current list of treaty countries. 

E-1 and E-2 visas are often confused because they usually serve similar purposes but have some important differences. Let's look at these differences together:   

Differences Between The E-1 And E-2 Visas 

E-2 and E-1 visas offer significant immigration options for foreign investors and businesspeople. However, there are differences between these two visas. Here are the main differences between the E-1 and E-2 visas: 

• Investment vs. Trade: 

E-1 visa: Designed for individuals who engage in substantial trade between the US and applicant’s country. This trade may be in the form of goods, services, technology or other products.  

E-2 visa: For investors who are planning to make a significant capital investment in the US. The key factors are the amount of investment and the viability of the business.  

• Earnings:  

E-1 Visa: For E-1 visas, the focus is on the value and frequency of trade rather than the financial success of the business.  

E-2 Visa: The business must generate sufficient income to support the investor and their family, rather than merely covering basic living expenses. 

Who Can Apply For An E-1 Visa?   

The requirements for people who can apply for an E-1 visa are as follows : 

• Citizen of a Treaty Country: To qualify for the E-1 visa, you must be a citizen of a country that has a trade agreement with the U.S. 

•  Active Trade Activity: Applicants must engage in ongoing and substantial trade between their home country and the U.S. This trade can involve goods or services, with these goods or services being imported into the U.S. from the treaty country. 

•  Significant Volume of Trade: The volume of trade must be substantial, with more than 50% of the U.S.-based company’s trade conducted between the U.S. and the applicant’s treaty country, such as Turkey. 

•  Ownership and Management: The E-1 visa applicant may be a shareholder of at least 50% of the company's shares, an executive, a manager, a supervisor, or an essential employee of the company. 

E-1 Visa Application Process At The US Consulate    

Applying for an E-1 Visa involves the following steps : 

•   Preparing the required documents: You will need to prepare documents to support your trading activities and business information. These documents should show the volume of trade, the size of the company, and the continuing operations. 

•  Scheduling a meeting with the US Consulate: You will need to make an appointment with the US Consulate for your application and provide the necessary documents for the interview. 

•   Conducting the interview: At the consular interview, you must provide detailed information about the company’s trade, business activities, management, and business plan. 

What Is The Difference Between An E-1 Visa And E-1 Status?    

You can apply for an E-1 visa from outside the U.S. through a U.S. consulate in your home country. On the other hand, E-1 status is obtained by applying from within the U.S. through USCIS. The E-1 visa is typically issued for up to 5 years, while E-1 status is granted for 2 years. 

An E-1 visa allows for international travel, providing the right to enter and leave the U.S. freely. However, E-1 status only allows you to reside and work within the U.S.; it does not grant re-entry if you leave the country. To travel internationally, you must secure an E-1 visa from the consulate. 

How To File An E-1 Visa Application And Obtain E-1 Status? 

You can apply for the E-1 visa/status in two ways, either by filing an application with the USCIS in the US or by filing a consular application outside the US.   

•   If You Are in the U.S.: 
  You must complete and submit Form I-129 (Petition for a Nonimmigrant Worker) to USCIS, along with the required supporting documents. 

•   If You Are Outside the U.S.: 
  Complete and submit Form DS-160 (Nonimmigrant Visa Application) to the U.S. Consulate in your country. Pay the application fee, schedule an appointment for a visa interview, and attend the interview if you are between the ages of 13 and 80. Submit Form DS-156 and other required documents to the consulate as part of your application. 

Summary of Documents Required for E-1 Visa and Status*:   

1.   Business Information: 

• Company incorporation documents 

• Personal details and a comprehensive job description of the trader or employee 

• Lease agreement or title deed for the business location 

• Documentation proving the number of employees (e.g., Form 941, pay stubs) 

2.  Documents Proving Trading Activities: 

• Details of transactions with trading partner countries 

• Evidence showing the volume and continuity of trade, including invoices, contracts, and customs documents 

• Business Plan: A comprehensive business plan outlining your company's operations in the U.S., growth strategies, and objectives. This should include details about the nature of the business, current sales figures, projected sales for the next five years, product range, employee count, and potential economic contributions to the U.S. 

• Financial Status of the Company: Documentation that demonstrates the company's financial health, including tax returns, bank statements, and annual reports. 

What types of products and services can be traded?   

A wide range of products and services can be traded to qualify for an E-1 visa. For instance, companies that engage in importing goods from a treaty country into the U.S. can apply for this visa. Examples of eligible physical products include carpets, rugs, towels, curtains, shoes, and clothing. 

In addition to tangible goods, various services are also eligible for trade under the E-1 visa. These services encompass consulting, tax services, marketing, international banking, insurance, transportation, tourism, data processing, advertising, design, engineering, and technology transfer, including IT consulting and development. 

Benefits of the E-1 Visa   

The E-1 Treaty Traders Visa is a crucial visa for citizens of countries that have a trade agreement with the United States, enabling them to conduct trade within the country. This visa offers numerous advantages and opens up various opportunities for success in the business realm. Here are the primary benefits of the E-1 visa: 

The E-1 Treaty Traders Visa is essential for citizens of countries with trade agreements with the United States, allowing them to engage in commerce within the country. This visa provides a multitude of advantages and creates various opportunities for business success. Here are the key benefits of the E-1 visa: 

1. Ability to Trade in the USA 
   The primary benefit of the E-1 visa is the authorization to trade and establish a business in the United States. E-1 visa holders can conduct business activities related to international trade and thrive in the U.S. market. 

2. Trade and Business Expansion Opportunities 
   The E-1 visa offers entrepreneurs significant opportunities for growth and expansion. The U.S. market is large and diverse, making it an ideal environment for expanding trade. For instance, entrepreneurs can enhance their business by creating a product distribution network or strengthening existing trade relationships in the U.S. 

3. Visa Renewal Process 
   E-1 visa holders can continue their business operations throughout the visa period and renew their visa based on business size and growth. Upon renewal application, entrepreneurs must demonstrate progress in their business plan to meet the established growth targets. 

4. Bringing Family Members 
   E-1 visa holders have the privilege of living in the U.S. with their spouses and children under 21. Additionally, spouses can obtain work authorization, enhancing the family's standard of living and creating joint employment opportunities. For example, the spouse of an E-1 visa holder can launch their own business or seek employment within the U.S. 

5. Tax Benefits and Business Support 
   Operating a business in the U.S. provides access to various tax advantages and government support. Many states offer tax incentives and startup assistance to entrepreneurs. E-1 visa holders can financially benefit by leveraging these opportunities. 

6. Market Access and Global Business Network 
   The E-1 visa grants access to the U.S. global trade network, allowing holders to broaden their international business opportunities. Conducting business in the U.S. facilitates connections with global markets and enhances international business relationships. For example, a U.S.-based company can strengthen trading connections across Asia, Europe, and beyond. 

Is the US E-1 visa an immigrant visa?   

The E-1 visa is a non-immigrant visa, i.e., a temporary visa issued to conduct business in the U.S. This visa grants the holder the right to trade in the U.S. for a specific period, but it does not carry permanent immigration intent. The E-1 visa can be extended as long as your business remains operational, allowing for ongoing temporary residence. While the E-1 visa obtained from the consulate is typically issued for five years, the E-1 status acquired by applying with USCIS from within the U.S. is issued for two years and can be renewed, enabling you to continue your trading activities during the visa period. If E-1 visa holders wish to obtain permanent residence in the U.S. (Green Card), different strategies can be pursued. 

Conclusion   

The E-1 Treaty Trader Visa is an important opportunity for entrepreneurs who wish to trade in the USA. For companies trading with the USA, this visa offers great advantages in expanding your trade and accelerating your business. Careful planning and complete submission of the required documents during the application process will increase your chances of success.   

You can contact us for more information about the E-1 visa and for professional assistance with the application process. We look forward to helping you!   

Advantages Of Working With Gozel Law Firm      

E-1 applications can be complex as they require a lot of documentation and it is important to take each step correctly throughout the process. During the visa preparation process, we understand your company's situation and provide you with the list of required documents according to your company's situation and carefully guide you through the document collection process.    

In addition, the USCIS and the US Consulates have different requirements for the E-1 visa. Based on our experience, we will inform you of the requirements. For example, we can advise you on the total volume of trade and the frequency of trade from the contract country to the US. In this regard, we recommend that you contact us prior to commencing trading activities to receive proper guidance.    

At Gozel Law, we will assist you with our expertise in immigration law and our high success rate. We handle every application with care and help you and your family make a new start in America. With our reliable and experienced team, we will ensure that you go through the process as smoothly as possible.     

*The list of required documents may vary depending on the US Consulate of the country you are applying to.