Treaty Trader – The E-1 Visa

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This category is for aliens who are seeking to enter the United States in order to engage in the substantial trade of goods or services, such as trade in services or technology, either on their own behalf or as employees of a treaty trader. In order to qualify under this category, the individual seeking admission must be an executive or manager or possess essential skills. Substantial trade of goods is defined as the continuous flow of trade between the United States and the treaty country; this trade must involve numerous transactions. In determining whether the trade is substantial, the monetary value of individual items as well as the number of transactions that occur (this is given greater weight) are both considered. In order to qualify as substantial, more than 50% of the trade must occur between the United States and the treaty nation.
 

Eligibility Criteria

1.      The treaty trader must be a citizen of a country with which the United States has the requisite
treaty or agreement.
2.      The trading firm must have at least 50 percent ownership of the company and the
nationality of the treaty country.
3.      The amount of substantial trade of goods must be sufficient in order to ensure that international
trade items flow well and continuously between the United States and the treaty country.
4.      The trader conducts as a principal trader between the United States and the treaty country of
trader’s nationality when international trade’s volume is over 50 percent.
5.      If the applicant is not the principal trader, the applicant must be an employee as an executive or a
senior manager, or possess special qualification that contributes to the successful and efficient
operation of the enterprise.  
 

Family of E-1 Visa Holders Are:

1.      Visa holder’s spouse and unmarried children under 21 years of age are entitled to E-1
classification.
2.      Visa holder’s spouse can work in the United States with an employment authorization permit, but
not his or her children.

3.      Visa holder, and visa holder’s spouse and children are entitled to attend public schools in the
United States.

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