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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.
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- Form I-129 & "E" Supplement;
- DS-160 & DS-160E (If applying at a U.S. Consul);
- Certificate and Articles of Incorporation of U.S. corporation;
- Minutes of Corporation showing the officers, directors and shareholders;
- Share Certificates;
- Proof of Substantial Trade: (a) Canceled checks; (b) Invoices to show purchase of merchandise and fixtures; (c) Copy of closing statement;
- Lease for the operation of Corporation and Occupational License;
- Employer's Quarterly Tax and Wage Report, showing the number of employees;
- 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
- Form W-4 for all employees;
- Passport and I-94;
- Articles of Incorporation of the Foreign Corporation, or Partnership Documents, or Sole Proprietorship registration;
- Statement from the Accountant for the Foreign Corporation, listing the officers, directors, and shareholders; together with the number of employees of the Company; and
- Latest Tax Return and Financial Statement for the Foreign Corporation.
| 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 |
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) |
E-1 |
November 30, 1948 |
| Colombia |
E-1 |
June 10, 1848 |
| Costa Rica |
E-1 |
May 26, 1852 |
| Croatia |
E-1 |
November 15, 1882 |
| Denmark |
E-1 |
July 30, 1961 |
| Estonia |
E-1 |
May 22, 1926 |
| Ethiopia |
E-1 |
October 8, 1953 |
| Finland |
E-1 |
August 10, 1934 |
| France |
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 |
E-1 |
October 30, 1953 |
| Jordan |
E-1 |
December 17, 2001 |
| Korea (South) |
E-1 |
November 7, 1957 |
| Kosovo |
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 |
E-1 |
November 15, 1882 |
| Netherlands |
E-1 |
December 5, 1957 |
| Norway |
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 |
E-1 |
November 15,1882 |
| Singapore |
E-1 |
January 1, 2004 |
| Slovenia |
E-1 |
November 15, 1882 |
| Spain |
E-1 |
April 14, 1903 |
| Suriname |
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 |
E-1 |
July 03, 1815 |
| Yugoslavia |
E-1 |
November 15, 1882 |
- 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.
- 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.
- Denmark - The Treaty which entered into force on July 30, 1961, does not apply to Greenland.
- France - The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French
Guiana and Reunion.
- 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.
- Netherlands - The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
- Norway
- The Treaty which entered into force on September 13, 1932, does not
apply to Svalbard (Spitzbergen and certain lesser islands).
- Spain - The Treaty which entered into force on April 14, 1903, is applicable to all territories.
- Suriname - The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February
10, 1963.
- 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.
- 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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