Treaty Trader (E-1)

An E-1, Treaty Trader, visa is available to someone who wishes to enter the United States to carry on substantial trade, principally between the United States and the foreign state of which he or she is a national. 

Generally an E visa, obtained from a consulate outside of the US, will be issued for a period of five years.  The spouse and children of the principal applicant will also receive E visas for the same period of time. An E-1 visa holder, when entering the United States, will be given a period of stay of one year.

If the alien desires an extension of stay, he or she would file a request for an extension with the U.S. Citizenship and Immigration Services, which extension will be granted in increments of two years. Once an extension is granted, the alien can obtain re-validation of the E visa through the US State Department, rather than having to return to the consul to obtain a new visa.

The spouse of an E-1 may obtain employment authorization by filing form I-765, together with supporting documentation, with the appropriate immigration service center stated below. They will be authorized employment for the period of admission and/or status of their spouses, but not to exceed two years.

Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to establish the qualifications for obtaining the E-1 visa or change of status.

If applying for a visa at a US consul outside of the United States, you should complete forms DS-156 and DS-156E, and present them in person at the consulate, together with documentation that will clearly establish your eligibility for the visa. A separate form DS-156 should be completed for each accompanying family member.

If the applicant is in the United States and is eligible to file for change of status, form I-129, together with the I-129 E supplement should be mailed to the immigration service center that had jurisdiction over the alien’s intended place of employment in the United States. A new regulation effective December 4, 1998 states that an E-1 petition should be filed with the Texas Service Center if the business is located, or will principally be doing business, in the areas previously covered by the Vermont and Texas Service Centers; and with the California Service Center if the business is located, or will principally be doing business, in the areas previously covered by the California and Nebraska Service Centers.

Note: Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail, return receipt requested, or by some form of express mail for which you can obtain proof of receipt. This is very important in the event immigration loses your application. In that event you can submit your proof of receipt, with evidence of payment, and you can establish that you did not violate your status in the United States.

Once the petition is approved, the alien will be sent immigration form I-797 extending the person’s stay in the United States for two years, or for the time requested on the petition if less than two years.  Each accompanying family member who filed an I-539 application will also be granted the change of status for the same period as the principal applicant.

As in the case of an alien entering on an E-1 visa, if the alien desires an extension of stay, he or she would file a request for an extension with the U.S. Citizenship and Immigration Services, which will be granted in increments of two years.



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E-1 Extension of Stay iKit

Use this iKit to extend your stay as an E-1 Treaty Trader Investor.

 

Documents Needed


  1. Form I-129 & "E" Supplement;
  2. DS-160 & DS-160E (If applying at a U.S. Consul);
  3. Certificate and Articles of Incorporation of U.S. corporation;
  4. Minutes of Corporation showing the officers, directors and shareholders;
  5. Share Certificates;
  6. Proof of Substantial Trade: (a) Canceled checks; (b) Invoices to show purchase of merchandise and fixtures; (c) Copy of closing statement;
  7. Lease for the operation of Corporation and Occupational License;
  8. Employer's Quarterly Tax and Wage Report, showing the number of employees;
  9. Latest Financial Statement and Tax Return, together with statement from the Accountant, certifying as to the approximate percentage of trade between the United States and the Treaty Country
  10. Form W-4 for all employees;
  11. Passport and I-94;
  12. Articles of Incorporation of the Foreign Corporation, or Partnership Documents, or Sole Proprietorship registration;
  13. Statement from the Accountant for the Foreign Corporation, listing the officers, directors, and shareholders; together with the number of employees of the Company; and
  14. Latest Tax Return and Financial Statement for the Foreign Corporation.

E-1 Countries



Country Classification Effective Date
Argentina E-1 October 20, 1994
Australia E-1 December 16, 1991
Austria E-1 May 27, 1931
Belgium E-1 October 3, 1963
Bolivia E-1 November 09, 1862
Bosnia and Herzegovina 11 E-1 November 15, 1882
Brunei E-1 July 11, 1853
Canada E-1 January 1, 1993
Chile E-1 January 1, 2004
China (Taiwan) 1 E-1 November 30, 1948
Colombia E-1 June 10, 1848
Costa Rica E-1 May 26, 1852
Croatia 11 E-1 November 15, 1882
Denmark 3 E-1 July 30, 1961
Estonia E-1 May 22, 1926
Ethiopia E-1 October 8, 1953
Finland E-1 August 10, 1934
France 4 E-1 December 21, 1960
Germany E-1 July 14, 1956
Greece E-1 October 13, 1954
Honduras E-1 July 19, 1928
Iran E-1 June 16, 1957
Ireland E-1 September 14, 1950
Israel E-1 April 3, 1954
Italy E-1 July 26, 1949
Japan 5 E-1 October 30, 1953
Jordan E-1 December 17, 2001
Korea (South) E-1 November 7, 1957
Kosovo 11 E-1 November 15, 1882
Latvia E-1 July 25, 1928
Liberia E-1 November 21, 1939
Luxembourg E-1 March 28, 1963
Macedonia, the Former Yugoslav Republic of (FRY) E-1 November 15, 1882
Mexico E-1 January 1, 1994
Montenegro 11 E-1 November 15, 1882
Netherlands 6 E-1 December 5, 1957
Norway 7 E-1 January 18, 1928
Oman E-1 June 11, 1960
Pakistan E-1 February 12, 1961
Paraguay E-1 March 07, 1860
Philippines E-1 September 6, 1955
Poland E-1 August 6, 1994
Serbia 11 E-1 November 15,1882
Singapore E-1 January 1, 2004
Slovenia 11 E-1 November 15, 1882
Spain 8 E-1 April 14, 1903
Suriname 9 E-1 February 10, 1963
Sweden E-1 February 20, 1992
Switzerland E-1 November 08, 1855
Thailand E-1 June 8, 1968
Togo E-1 February 5, 1967
Turkey E-1 February 15, 1933
United Kingdom 10 E-1 July 03, 1815
Yugoslavia 11 E-1 November 15, 1882

Country Specific Footnotes

  1. China (Taiwan) - Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.

  2. Czech Repubilc and Slovak Republic - The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.

  3. Denmark - The Treaty which entered into force on July 30, 1961, does not apply to Greenland.

  4. France - The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.

  5. Japan - The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.

  6. Netherlands - The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.

  7. Norway - The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).

  8. Spain - The Treaty which entered into force on April 14, 1903, is applicable to all territories.

  9. Suriname - The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.

  10. United Kingdom - The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to "inhabitants" of such territory. This term, as used in the Convention, means "one who resides actually and permanently in a given place, and has his domicile there." Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.

  11. Yugoslavia - The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Slovenia, and the Federal Republic of Yugoslavia continue to be bound by the treaty in force with the SFRY and the time of dissolution.

 
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ImmigrationLinks Qualifications

  1. Applicant must be a national of a treaty country;
  2. The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country;
  3. The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;
  4. More than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;
  5. Trade means the international exchange of goods, services, and technology, where title of the trade items must pass from one party to the other; and
  6. The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm (ordinary skilled or unskilled workers do not qualify).