Are you eligible for an E-1 visa? If you intend to live in Montana, North Dakota or Wyoming, we can help you get E-1 visa status, or an E-1 visa itself. This article on the E-1 visa is part of our series, guide to US visa types.
E-1 Visa, how does it work? In an effort to foster international trade and build better foreign relations, the U.S. participates in special trade-related treaties with a number of other countries. Citizens of these treaty countries may be eligible to obtain special visas enabling them to work in the United States as long as they are conducting business in support of international trade.
If you are a citizen of one of the Treaty countries, and would like to settle in Montana to own, manage, or work for a qualifying trade-related business, the E-1 visa might be right for you.
About The E-1 Visa Treaty Trader
Nationals of qualifying E-1 Treaty countries who own or operate businesses performing a substantial amount of international trade with the United States may be candidates for the E-1 Visa. Under the terms of the visa, the company must engage in “sufficient trade volume” as to warrant having the visa holder reside in the United States in order to operate or manage the U.S. business location.
The E-1 Treaty Trader Visa is the best choice for candidates who own an existing business located in a Treaty country and who would like to open a branch office in Montana or elsewhere in the United States. The Act also provides for the ability to have visas issued to key management and specialist employees deemed to be necessary for the operation of the U.S. facility, as well as to their spouses and immediate family members.
The Act requires that at least 50% of the company’s business volume involve exports and/or imports of goods or services to or from the United States. Although there are no minimum sales requirements, extremely low sales volume may disqualify the applicant from being awarded the visa.
Summary of requirements for the E-1 Visa:
- A “substantial” number of trade-related transactions will be made between the U.S. and the treaty country;
- A “substantial” dollar volume of trade will be conducted between the U.S. and the treaty country.
- A majority of the transactions “have been and will be” between the U.S. and the Treaty country. However, the Act excludes transactions occurring solely within the Treaty country, as well as transactions occurring solely within the United States, when calculating the ‘majority’. This means that a qualifying company will not be penalized for conducting non treaty-related transactions as part of their normal business operations.
- The majority of the dollar value generated by trade “has been and will be between the U.S. and the Treaty country.
- All parties seeking an E1 visa must have sufficient business skills and industry-related experience necessary to perform under the terms of the Visa.
- All E1 Visa holders must be willing to depart the U.S. immediately upon termination of their E1 Visa status.
- The Trader applicant has a demonstrated history of involvement in trade transactions between the U.S. and the Treaty country.
Participating E1 Trade Treaty Countries:
How We Can Help
We can prepare an E-1 visa treaty trader application for you and submitted to the US consulate in your home country. Alternatively, if you have already been admitted in a status that allows change of status, we can file an E-1 treaty trader status request with USCIS in the United States. If you would like our help with either of these options, please contact us.