1. What is a nonimmigrant E-1 visa?

A nonimmigrant E-1 visa is a temporary visa category for foreign nationals who are coming to the United States solely to engage in international trade on behalf of their home country. This visa is intended for entrepreneurs, business owners, and employees of treaty trader companies from countries with which the United States has a treaty of commerce and navigation.

2. Who is eligible for an E-1 visa?

To be eligible for an E-1 visa, you must:

– Be a citizen of a country with which the United States has a treaty of commerce and navigation
– Have the intent to enter the US solely to engage in international trade
– Be an executive, manager, or essential employee of the treaty trading company
– Conduct at least 50% of your company’s trade between the US and your home country
– Possess specialized skills or knowledge essential to the company’s operations

3. How long can I stay in the US on an E-1 visa?

E-1 visas are typically given for a period of up to 5 years, depending on your specific case and country reciprocity agreements. You may also be granted extensions of stay as long as you continue to meet the requirements for this visa category.

4. Can my dependents accompany me on an E-1 visa?

Yes, your spouse and unmarried children under 21 years old may apply for derivative E visas based on their relationship to you. They will have the same period of stay as you but cannot work unless they obtain employment authorization separately.

5. Can I change my status to another nonimmigrant visa while on an E-1 visa?

Yes, it is possible to change your status from an E-1 visa to another nonimmigrant category such as H-1B or L-1 if you meet all the eligibility requirements for that category. However, any change in immigration status must be approved by USCIS before you engage in the activities of the new status.

6. Can I apply for a green card (permanent residency) on an E-1 visa?

No, the E-1 visa is a nonimmigrant visa, and therefore does not lead to permanent residency. However, you may be able to pursue another category for permanent residency, such as employment-based immigration, while still holding an E-1 visa.

7. What are the requirements for maintaining my E-1 visa status?

To maintain your E-1 status, you must:

– Continue to engage in international trade between the US and your home country
– Only work for the treaty trading company listed on your visa
– Continue to have specialized skills or knowledge essential to your company’s operations
– Notify USCIS of any changes in your employment or conditions that would affect your eligibility for the E-1 visa
– Depart from the US before or upon expiration of your authorized stay if you are no longer eligible for this visa category

8. Can I travel outside of the US while on an E-1 visa?

Yes, you may travel outside of the US and re-enter as long as your E-1 visa is valid and you continue to meet the requirements for this category.

9. What happens if my employment with the treaty trading company ends while I am in E-1 status?

If your employment with the treaty trading company ends, you will no longer be eligible for the E-1 visa. You should depart from the US before or upon expiration of your authorized stay or seek a change of status to another appropriate category.

10.Can my employer apply for an extension of stay on my behalf while I am in the US on an E-visa?

Yes, your employer can file a request with USCIS to extend your stay in order to continue engaging in international trade activities. The extension request must be filed at least 45 days before your current period of stay expires.

2. Am I eligible for an E-1 visa?

To be eligible for an E-1 visa, you must meet the following criteria:

– You must be a citizen of a country with which the United States has a treaty of commerce and navigation
– The majority ownership or control of your company (at least 50%) must be held by citizens of your country
– Your company must engage in substantial trade between the United States and your home country, with at least 50% of the trade conducted between the two countries
– You must be entering the United States solely to carry out substantial trade activities on behalf of your company

Additionally, you must also demonstrate that you intend to depart the United States once your E-1 status expires and that you have no intention of abandoning your foreign residence. You may also need to provide evidence that you have sufficient funds to support yourself during your stay in the United States.

3. How do I apply for an E-1 visa?

The process for obtaining an E-1 visa includes the following steps:

Step 1: Prepare your application: This includes completing Form DS-160, providing necessary supporting documents (such as proof of nationality, ownership/control of company, and trade activities), and paying the required fees.

Step 2: Schedule an interview: After submitting your application, you will need to schedule an interview at a U.S. embassy or consulate in your home country.

Step 3: Attend the interview: During the interview, a consular officer will review your application and ask questions about your qualifications for the visa.

Step 4: Wait for visa approval: If approved, you will receive your passport with your E-1 visa stamp. If denied, you may be able to reapply or appeal depending on the reason for denial.

Step 5: Enter the United States and receive temporary employment authorization: With an approved E-1 visa, you can enter the United States and receive temporary authorization to work for your company.

4. How long does an E-1 visa last?

The initial period of stay with an E-1 visa is typically two years, with the option to apply for extensions in increments of up to two years at a time.

5. Can my family come with me on an E-1 visa?

Yes, your spouse and unmarried children under the age of 21 can accompany you to the United States on a dependent E-visa (E-2). They are also eligible to apply for work authorization during their stay in the United States.

It is important to note that children will age out of eligibility for dependent status when they turn 21, at which point they must either obtain their own visa or leave the United States.

6. Can I change my status from another non-immigrant visa to an E-1 visa?

Yes, if you are already in the United States on a different non-immigrant visa, you may be able to change your status to an E-1 visa. This process typically involves filing a Form I-129 (Petition for Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS) and meeting all eligibility requirements for an E-1 visa.

7. Can I bring employees from my home country on an E-1 visa?

Yes, certain key employees who share your nationality may be eligible for E-visas as well. To qualify, these employees must hold executive or supervisory positions or possess essential skills necessary for the efficient operation of your business in the United States. They must also intend to depart the United States once their authorized time period expires.

8. Can my spouse work in the United States on an E-2 dependent visa?

Yes, spouses of primary E-visa holders may apply for employment authorization once they are in the United States. This allows them to work in any field while maintaining their status as dependents.

9. Can I move my business to the United States on an E-1 visa?

An E-1 visa is intended for temporary stays in the United States, so it is not meant for individuals looking to permanently relocate their businesses. However, you may be able to apply for a different type of visa that allows for permanent residency if your business qualifies.

10. Can I extend my stay in the United States on an E-1 visa?

Yes, you can request an extension of stay in increments of up to two years at a time. To be eligible, you must provide evidence that your company is still engaging in substantial trade activities with the United States and that you plan to depart once your authorized time period expires.

11. Can I work for another employer while on an E-1 visa?

No, an E-visa authorizes you to work only for the specific company listed on your application. If you wish to change employers, you would need to file a new application and obtain a new E-visa.

12. What happens if my country’s treaty with the United States is terminated while I am on an E-1 visa?

If your country’s treaty with the United States ends during your stay on an E-1 visa, your authorized period of stay will not automatically end. However, you will need to maintain valid status by seeking another immigration classification or leaving the United States before your current E-visa expires.

13. Can I study while on an E-1 visa?

Yes, you can participate in educational programs while on an E-1 visa as long as they do not interfere with your primary purpose of engaging in trade activities for your company.

14. Can I apply for permanent residence (a green card) while holding an E-visa?

E-visas are considered non-immigrant visas and therefore do not directly lead to permanent residency or a green card. However, holders of these visas may be eligible to apply for a green card through other means, such as employment sponsorship.

15. Are there any restrictions on the types of trade activities I can engage in with an E-1 visa?

There are no specific restrictions on the types of trade activities that qualify for an E-1 visa. As long as the majority of your company’s trade is between the United States and your home country and it meets other eligibility requirements, you can engage in a variety of import/export, wholesale, or other trade activities.

3. Can I work in the US under an E-1 visa?

Yes, the E-1 visa allows individuals to work in the United States for their treaty trader employer. However, the employment must be related to and necessary for the functioning of the treaty trader’s enterprise. The primary purpose of the E-1 visa is for conducting trade between the US and their home country.

4. How long can I stay in the US with an E-1 visa?

The initial period of stay with an E-1 visa is usually up to 2 years. However, extensions can be granted in increments of up to 2 years each. There is no maximum limit on the total length of stay, as long as the individual continues to meet the requirements for the E-1 visa and maintains their nonimmigrant status.

5. Do I need to have a job offer from a specific company to apply for an E-1 visa?

Yes, in order to apply for an E-1 visa, you must have a job offer from a U.S. company that is engaged in substantial trade with your country of nationality. The company must also be a bona fide employer and not just a vehicle for obtaining an E-1 visa.

6. What does it mean to be engaged in substantial trade?

Being engaged in substantial trade means actively participating in commercial activities that are significant or considerable in terms of scale, scope, and impact. This can include buying and selling goods or services, conducting business operations, generating revenue, entering into contracts and agreements, and establishing partnerships or networks with other businesses. It also involves regular and ongoing business activities rather than occasional transactions or one-time events. The determination of whether a trade is substantial can vary depending on the specific context and industry.

7. Is there a minimum amount of money required for substantial trade to qualify for an E-1 visa?

There is no specific minimum amount of money required for substantial trade to qualify for an E-1 visa. The United States Citizenship and Immigration Services (USCIS) evaluates each case individually and considers various factors when determining if the trade is substantial enough to qualify for the visa. These factors include the amount of capital invested, the volume of trade, and the number of transactions over a period of time. Additionally, the trade must be proven to be a significant and continuous flow between the US and the applicant’s home country. It is recommended to consult with an immigration lawyer for specific guidance on your particular situation.

8. What documentation do I need to provide to prove my eligibility for an E-1 visa?

To prove eligibility for an E-1 visa, you will need to provide the following documentation:

1. Form DS-160: Online Nonimmigrant Visa Application

2. Valid passport: Your passport must be valid for at least six months beyond your intended period of stay in the United States.

3. Photograph: One color photograph that meets the requirements detailed on the U.S. Department of State website.

4. Business documents: You will need to provide documents that demonstrate your business is engaged in substantial trade with the United States or is a qualifying international organization. This may include articles of incorporation, partnership agreements, and other relevant business contracts and financial statements.

5. Proof of nationality: You will need to provide proof of citizenship from your home country, such as a birth certificate or naturalization certificate.

6. Ownership documentation: If you are a treaty investor, you will need to provide evidence of ownership in the U.S.-based business, such as stock certificates or membership certificates.

7. Personal bank statements: You may be asked to provide personal bank statements to show financial stability and ability to support yourself during your stay in the United States.

8. Business plan: This should outline your business operations in detail, including current revenue, future projections, and how you plan to contribute significantly to the U.S. economy.

9. Trade statistics: Documents showing current trade volume between your home country and the United States can help demonstrate substantial trade and justify your need for an E-1 visa.

10. Additional evidence: Any other relevant evidence that supports your eligibility for an E-1 visa may also be requested by the consular officer, so it’s important to bring all relevant documentation with you to your visa interview.

9. Is there a limit on the number of E-1 visas issued each year?

Yes, there is a limit on the number of E-1 visas issued each year. This limit, known as the “numerical cap,” is set at 10,500 visas per fiscal year (October 1 – September 30). However, this cap does not apply to dependent family members (spouses and unmarried children under 21 years old) of E-1 visa holders.

10. Can my spouse and children accompany me on an E-1 visa?

Yes, your spouse and children under the age of 21 may accompany you on an E-1 visa as dependents. They will also be eligible to apply for work authorization once in the United States.

11. Can my dependents work in the US under my E-1 visa?

No, dependents of E-1 visa holders are not eligible for work authorization in the US. They may accompany the E-1 visa holder and may attend school or engage in voluntary activities, but they are not allowed to work unless they have their own employment-based visa.

12. Can I travel outside of the US and re-enter while on an E-1 visa?

Yes, holders of E-1 visas can travel outside of the US and re-enter as long as their visa remains valid. However, they must continue to comply with the terms and conditions of their visa and may be subject to additional inspections and questioning by immigration officials upon re-entry. It is important to keep all necessary documents, such as a valid passport, E-1 visa, and proof of ongoing business in the US, when traveling in and out of the country while on an E-1 visa.

13. How soon can I apply for a green card after obtaining an E-1 visa?

As an E-1 visa holder, you can apply for a green card at any time. However, you must meet all of the requirements and eligibility criteria for the green card category you are applying for. It is recommended to consult with an immigration lawyer to determine the best time and method of applying for a green card based on your individual circumstances.

14. Are there any restrictions on what type of business can apply for an E-1 visa?

Yes, the business must have a qualifying treaty with the United States and engage in substantial trade or have a significant amount of international exchange of goods, services, or technology between the U.S. and the treaty country. Additionally, the business must be owned at least 50% by citizens of the treaty country.

15. Do I need to maintain ties to my home country while on an E-1 visa?

Yes, you are required to maintain strong ties to your home country while on an E-1 visa. This includes maintaining a permanent residence in your home country, having family and business connections there, and being able to show that you intend to return there when your visa expires. Failure to maintain ties to your home country may result in the denial of a visa extension or future visa applications.

16. Can I change my employment or business activities after obtaining an E-1 visa?

Yes, you are allowed to change your employer or business activities once you have obtained an E-1 visa. However, the change must still be within the scope of your original visa application and the nature of your employment or business must remain consistent with the treaty country that you represent. You may need to apply for a new E-1 visa if there are significant changes in your employment or business activities. It is recommended to consult with an immigration lawyer before making any changes to ensure that you are compliant with E-1 visa regulations.

17. Does having previous immigration violations affect my chances of getting an E-1 visa?

It is possible that previous immigration violations could affect your chances of obtaining an E-1 visa. Immigration officials may view these violations as evidence that you have not followed the rules and regulations of the U.S. immigration system in the past, which could raise concerns about your potential compliance with E-1 visa requirements. However, each case is evaluated on its own merits and having previous violations does not automatically disqualify you from getting an E-1 visa. It is important to disclose any previous immigration violations and provide a strong explanation for them when applying for the E-1 visa.

18. What happens if the business entity sponsoring me for the E-visa terminates operations?

If the business entity sponsoring you for the E-visa terminates operations, you will no longer have a valid basis for your visa and you will need to leave the country. It is important to communicate with your employer and immigration authorities if this situation arises to ensure prompt resolution of your visa status.

19.Which countries are eligible for the treaty trader status required for an E-visa?

Citizens of countries that have treaties of commerce and navigation with the United States are eligible for treaty trader status required for an E-visa. Some examples include Canada, Mexico, Japan, South Korea, Germany, and the United Kingdom. A full list of eligible countries can be found on the US Department of State’s website.

20.How long does it take to process and receive approval for anE-visa application?

The processing time for an E-visa application can vary depending on the destination country and the workload of the immigration department. It can take anywhere from a few days to a few weeks to receive approval for an E-visa application. Some countries may offer expedited processing for an additional fee. It is best to check with the embassy or consulate of the destination country for more accurate processing times.