E-1 VISA

The E-1 Visa, also known as "treaty trader" visa is designed for nationals from countries which have trade treaties in effect with the United States to to come to the U.S. to carry on certain commercial activities. The majority ownership of the trading company must be by a treaty country. The trading company must be involved in substantial trade which is principally between the United States and the treaty country. The employee must be of the same treaty country, and the employee must be serving the company in either a managerial capacity or possessing an "essential skill". A treaty trader is defined as a national of a country with which the United States maintains a treaty of commerce and navigation.

The applicant should come to the U.S. to carry on substantial trade, or to develop and direct the operations of a business in which the applicant has invested or will invest a substantial amount of capital. The applicant cannot engaged in other income earning employment in the U.S. other than those specified activities.

The applicant's spouse and children can also apply for the E-1 Visas to come to the U.S. The foreign employees who will be transferred or hired in the U.S. may also apply for E-1 Visas. may join you under the same status.

Procedures

The application for an E-1 Visa should be made to the U.S. Embassy or Consular office in the country where the applicant maintains his or her permanent residence. To apply in other locations may significantly increase the processing time.

Forms and Documents

To apply for an E-1 Visa, the following forms and documents should be provided::

A completed visa application Form OF-156.
One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
A passport, valid for travel to the United States for at least six months longer than the intended visit.
Documents that establish that the applicant's employer is owned by foreign entities or nationals.
A letter from the employer describing the position of the applicant. It should also outline the qualification or specialized skills possessed by the applicant which are essential to the operation of the business in the U.S.
The following extra proof may also be required:

The applicant's company meets the requirements of the law.
The trade in relation to the U.S. is substantial. It can be proved by the quantity or relative percentage of the applicant's company's total operation. In addition, there should be a continuous flow of trade between the U.S. and the treaty country.
Evidence that shows the applicant will leave the U.S. before the E-1 Visa expires.
The applicant may need to provide the following additional information:

business plan outlining future investment scheme
substantial trade principally between the United States and the treaty country
documentation regarding majority ownership of company; type of trade involved; volume of trade; and percentage of trade between United States operation and treaty country
The following is the list of countries for which the E-1 is available:

Argentina, Australia, Austria, Belgium, Bolivia, Bosnia, Brunei, Canada, Republic of China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Slovenia, Spain, Surinam, Sweden, Switzerland, Thailand, Togo, Turkey, or the United Kingdom. (caution: the list may change from time to time.)