E-1 Visa

OVERVIEW

The E-1 Visa is issued to individuals known as 'treaty traders'. A treaty trader is defined as a national of a foreign country with which the United States maintains a treaty of commerce and navigation. To be considered for an E-1 Visa, an individual should be coming to the U.S. to (1) carry on substantial trade, (2) to develop and direct the operations of a business in which he or she has invested a substantial amount of capital, or (3) to develop and direct the operations of a business in which he or she will soon invest a substantial amount of capital. The individual must be a national of a treaty country and involved in international trade. The spouse and unmarried children under the age of 21 may accompany the primary E-1 visa-holder. Employees of the individual with E-1 status and employees of the business used to qualify for E-1 status may also receive E-1 visas.

STEPS

Each applicant must submit their visa application form and other required documents at the U.S. Consulate, Consular Office, or U.S. Embassy with jurisdiction over their permanent residence.

DOCUMENTS

To apply for an E-1 Visa, an individual must supply the following documentation:

  1. A completed visa application Form DS-156;
  2. One recent photograph 1 & 1/2 inches square (37mm x 37mm), with the entire face visible. The picture should be taken before a light background and without head covering;
  3. A passport, valid for travel to the United States for at least six months;
  4. Documents that establish the business being used to qualify for E-1 status is owned by foreign nationals;
  5. A letter from the business detailing the individual's position in the business and stating the individual's qualifications for his or her job position.

In addition, the E-1 Visa applicant may be asked to prove the following:

  1. The business being used to qualify for the E-1 Visa meets the requirements of the law;
  2. The trade between the applicant's country and the United States is substantial and continuous;
  3. The applicant intends to leave the United States after the end date listed on the E-1 Visa.

FREQUENTLY ASKED QUESTIONS

LEGAL SOURCES