E-1 VISAS

TREATY TRADER VISAS ARE KNOWN AS “E-1 VISAS”. E-1 VISAS ARE TEMPORARY WORK VISAS TO THE U.S.

They allow an investor to own and manage their trading business in the U.S. They also allow an investor to send employees from his or her home country to work as senior managers or essential employees/specialists for the investor’s U.S. business.

E-1 VISAS REQUIRE THAT THE BUSINESS BE PRINCIPALLY OWNED BY CITIZENS OF THE INVESTOR’S HOME COUNTRY (AT LEAST 50%).

E-1 visas also require that the business already engage in substantial trade activities with the U.S. Trade with the U.S. includes trade in services, goods or assets. Trade must be principally (50%+1 measured in company revenue) between the U.S. and the home country of the investor. The E-1 visa should be avoided for new businesses because of the need for already existing and substantial trade. However, where substantial trade already exists, the E-1 visa is a very helpful solution.

EXAMPLES OF BUSINESSES THAT CONSTITUTE TRADE UNDER E-1 VISA PROVISIONS INCLUDE DISTRIBUTORSHIPS, MEDIA OR WEB SERVICES, INTERNATIONAL FINANCE OR BANKING, AND TOURISM.

The E-1 Visa is Suitable For: 1).- Personnel including executives, managers and specialists of a treaty nation company operating in the U.S., 2).- Nationals of treaty countries seeking to enter the U.S. to carry out substantial trade, 3).- Immediate family members of E-1 visa holders, 4).- Companies in treaty countries to send key personnel to manage the U.S. affiliate or branch, 5).- Companies in treaty countries to send personnel to setup a U.S. company.

TREATY REQUIRED

All E-1 and E-2 visas require that a trade and investment treaty exist between the U.S. and the home country of the owners of the business. For a complete list of the investment treaties of the U.S., please see the Department of State’s web-site.