E1 Visa: Treaty Traders

What is an E1 Visa?

An E1 visa is a nonimmigrant visa category for individuals who are coming to the United States to engage in substantial trade, including trade in services or technology, between the U.S. and the individual’s country of nationality. To be eligible for an E1 visa, the individual must be a national of a country that has a treaty of commerce and navigation with the U.S. and the trade between the U.S. and the individual’s country of nationality must be substantial. Additionally, the individual must be coming to the U.S. to carry on substantial trade and must have a controlling interest in the enterprise.

Who Qualifies for E1 Visa?

The E-1 visa is for treaty traders and their qualified employees. In order to qualify for an E-1 visa, the following criteria must be met:

  1. The applicant must be a citizen of a country that has a treaty of commerce and navigation with the United States.
  2. The applicant must be coming to the United States to engage in substantial trade between their home country and the United States. Substantial trade is defined as trade that is significant in terms of volume and frequency.
  3. The trade between the home country and the United States must be principally between the home country and the United States.
  4. The applicant must be an essential employee and have the necessary qualifications to perform the duties required.
  5. The applicant must intend to depart the United States upon the termination of the E-1 status.

How to Apply for E1 Visa?

To apply for an E1 visa, the following steps must be taken:

  1. Obtain a treaty trader or treaty investor application, Form DS-160, from the U.S. Embassy or Consulate where you will apply for the visa.
  2. Gather all required documentation, such as proof of nationality, proof of the existence of the trade or investment, and evidence of your role in the enterprise.
  3. Schedule an interview at the U.S. Embassy or Consulate where you will apply for the visa.
  4. Attend the interview and bring all required documentation with you.
  5. Pay the visa application fee.
  6. If the visa is approved, submit your passport for stamping.

It is important to note that each country have different requirements and procedures, so it’s recommended to check with the nearest U.S. Embassy or Consulate for more detailed information about the E1 visa application process.

Additionally, It is always helpful to work with a lawyer or an immigration consultant, who will be able to guide you through the process and help you prepare all the necessary documentation.

What is the E1 Visa Interview Process?

The E1 visa interview process is for individuals who are seeking to enter the United States as treaty traders or their qualified employees. The process typically includes the following steps:

  1. Submit a visa application: You will need to fill out an online application form, pay a fee, and submit any required documentation.
  2. Schedule an interview: Once your application has been reviewed, you will be scheduled for an interview at the U.S. embassy or consulate in your home country.
  3. Attend the interview: You will be required to bring certain documents to the interview, including a valid passport, proof of citizenship, and evidence of your trade activity between your home country and the United States, such as trade invoices and bank statements.
  4. Wait for a decision: After the interview, the consular officer will review your application and make a decision on your visa. You will be notified of the decision by mail.
  5. Medical examination: Before the final decision is made, the applicant is required to pass a medical examination and obtain a visa medical examination.
  6. Submit additional documents if required

What are the Required Documents for E1 Visa?

The required documents for an E1 visa application can vary depending on the specific circumstances of the individual and their business. However, some common documents that may be required include:

  1. Form DS-160, the online nonimmigrant visa application form
  2. Passport, valid for at least six months beyond the intended date of entry into the U.S.
  3. Two recent passport-style photographs
  4. Proof of nationality, such as a birth certificate or national ID card
  5. Evidence of the existence of the trade or investment, such as business registration documents, articles of incorporation, tax returns, and bank statements
  6. Evidence of the applicant’s role in the enterprise, such as a letter from the company confirming the applicant’s position and responsibilities
  7. Proof of the substantial nature of the trade or investment, such as trade volume statistics, contracts, invoices, and other financial records
  8. Evidence of the treaty relationship between the U.S. and the applicant’s country of nationality
  9. Payment of the visa application fee

What is the E1 Visa Fee?

The E1 visa fee is a fee that is required to be paid when applying for an E1 visa, which is for treaty traders and their qualified employees.

As of 2021, the E1 visa fee is $205. This fee is for the visa application fee (Form DS-160) and is paid by the applicant. There is also an additional fee of $85 for biometrics services, which is paid by the applicant.

What is the E1 Visa Processing Time?

The processing time for an E1 visa can vary depending on a number of factors, including the workload of the U.S. Embassy or Consulate where the application is being processed, the completeness and accuracy of the application and supporting documentation, and any additional security clearance that may be required.

In general, processing times for nonimmigrant visa applications can take anywhere from a few weeks to several months. However, It is always recommended to apply well in advance of your intended travel date to ensure that your visa is processed in time.

It is also worth noting that some consulates or embassies may have specific processing times for E1 Visa applications, it is always helpful to check with the nearest U.S. Embassy or Consulate for more detailed information about the processing time for an E1 visa application.

E1 Visa Frequently Asked Questions

Here are some frequently asked questions about the E1 visa:

  1. Who is eligible for an E1 visa?
    A: An E1 visa is for treaty traders and their qualified employees who are citizens of a country that has a treaty of commerce and navigation with the United States.
  2. How long does it take to process an E1 visa?
    A: The processing time for an E1 visa can vary depending on the workload of the U.S. embassy or consulate where you are applying, but generally it takes several weeks. It’s best to check with the specific embassy or consulate for the most up-to-date information on processing times.
  3. Can I bring my dependents with me on an E1 visa?
    A: E1 visa holders can bring their dependents (spouse and unmarried children under 21) with them to the United States on an E1 visa.
  4. Can I apply for permanent residence while on an E1 visa?
    A: No, you cannot apply for permanent residence while in the United States on an E1 visa. This visa is a nonimmigrant visa and is intended for temporary stay in the U.S.
  5. Is there a limit to the duration of stay on an E1 visa?
    A: The duration of stay on an E1 visa is determined by the validity of the treaty of commerce and navigation between the United States and the trader’s home country. It can be renewed indefinitely as long as the trader continues to engage in substantial trade with the U.S.
  6. Can I work with an E1 visa?
    A: E1 visa holders are authorized to work in the United States, but only in the same capacity as their treaty trader status allows.