The Treaty Trader Visa (nonimmigrant E-1 classification) is intended for the nationals of a foreign country with which a qualifying Treaty of friendship, Commerce, navigation, or a similar agreement exists with the United States. Nationals (individuals or companies) of such countries can obtain visas to work in the USA in order to develop and direct their trade with the USA. E-1 visa is for individuals coming to the U.S. to carry on substantial trade. A person may qualify as the principal trader or as an employee of a trader company having the same nationality. There are no numerical limitations on E-1 admissions. E1 is for nationals of treaty countries and they can enter the United States to work for an enterprise engaged in substantial trade principally between the United States and the treaty country, provided the enterprise is majority-owned by treaty nationals (either other companies or individuals). Meaning of "trade" includes commercial transactions in goods and trade in services and technology like banking, insurance, transportation, tourism, communications, data processing, advertising, accounting, design and engineering, management consulting, technology transfer and other measurable services which may be traded. Under the provisions of section 101(a)(15)(E)(i) of the US Immigration and Nationality Act - an alien may be classified as a non-immigrant treaty trader if he or she (i) will be in the United States solely to carry on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which he or she is a national; and (ii) intends to depart the United States upon the expiration or termination of treaty trader (E-1) status.
Requirements
For the E-1 Treaty Trader visa:
Aliens who are citizens of a nation that has signed a trade and investment treaty with the U.S., who are coming to the United States:
- Solely to carry on or engage in substantial trade between his/her country and the U.S., including trade in services or trade in technology.
- Principally between the United States and the foreign state of which the alien is a national.
"Substantial" with reference to trade means a continuous exchange of goods and services between the U.S. and the treaty nation of the alien applicant, involving numerous transactions that began prior to the filing of the E-1 application. Trade principally between the U.S. and the foreign state means that at least 50% of the total amount of trade conducted by the alien or his/her enterprise or employer must be between the U.S. and the treaty nation.
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