{"id":2970,"date":"2021-05-14T12:55:09","date_gmt":"2021-05-14T16:55:09","guid":{"rendered":"https:\/\/www.harringtonlawassociates.com\/?p=2970"},"modified":"2024-06-06T16:29:40","modified_gmt":"2024-06-06T20:29:40","slug":"work-visas-traders-e-1","status":"publish","type":"post","link":"https:\/\/myhlaw.com\/es\/work-visas-traders-e-1\/","title":{"rendered":"IMMIGRATION: Work Visa for Traders (E-1)"},"content":{"rendered":"<h5>Our office caters to foreigners seeking to invest and\/or work in the US.\u00a0 The following is an overview of the E-1 Treaty Trade Visa, including eligibility requirements and key features.<\/h5>\n<p>The E-1 classification is for foreigners who do not intend to immigrate permanently to the US but who wish to live here and engage in international trade.\u00a0 Typically, this kind of visa is for businesses that import\/export goods between the US and their home country.\u00a0 E-1 visas are available to both to individuals and companies, as long as the home country has entered into the treaty with the US.<\/p>\n<h3>Eligibility<\/h3>\n<p>I.\u00a0 First, you have to be a citizen of a country that has an E-1 agreement with the US.\u00a0 Here is a list of the E-1 and E-2 country participants: <a href=\"https:\/\/travel.state.gov\/content\/travel\/en\/us-visas\/visa-information-resources\/fees\/treaty.html\">List of Treaty Countries<\/a>.<\/p>\n<p>II.\u00a0 Second, you have to carry on trade between the US and your home country.\u00a0 Trade items do not have to be goods.\u00a0 \u00abTrade\u00bb also includes services and other activities.\u00a0 Here are just a few examples provided by the USCIS:<\/p>\n<ul>\n<li>Goods<\/li>\n<li>Services<\/li>\n<li>International banking<\/li>\n<li>Insurance<\/li>\n<li>Transportation<\/li>\n<li>Tourism<\/li>\n<li>Technology and its transfer<\/li>\n<li>Some news-gathering activities.<\/li>\n<\/ul>\n<p><em>See<\/em> <a href=\"https:\/\/www.law.cornell.edu\/cfr\/text\/8\/214.2\">8 CFR 214.2(e)(9)<\/a> for additional examples and discussion.<\/p>\n<p>III.\u00a0 Third, you must carry on \u00absubstantial\u00bb trade.\u00a0 To be substantial, the amount of trade should be sufficient to ensure a continuous flow of international trade between the US and your home country.\u00a0 There is no minimum requirement regarding monetary value or volume of each transaction, but there should be numerous transactions over time.\u00a0 As a guideline, think of the income generated through the trade being sufficient to support you and your family.<\/p>\n<p><iframe title=\"Immigration Law - Work &amp; Investor Visas | Harrington Legal Alliance | West Palm Beach\" width=\"500\" height=\"281\" src=\"https:\/\/www.youtube.com\/embed\/Fx-jal1fuw8?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe><\/p>\n<h3>Qualifications for Employee of Treaty Trader Company<\/h3>\n<p>Recall that the E-1 Visa is available for both individuals and companies.\u00a0 If a company is the applicant, then the employee that comes to the US must meet certain requirements.<\/p>\n<ol>\n<li>Have the same nationality as the employer;<\/li>\n<li>Be an \u00abemployee\u00bb as defined under relevant law; <em>and<\/em><\/li>\n<li>Be an executive or have special qualifications essential to business operations.<\/li>\n<\/ol>\n<p>Most E-1 employees come over as executives, but other employees may also be eligible if they have _<\/p>\n<ol>\n<li>proven expertise in the area of operations (Relevant Factor: Whether other employees possess the same skills)<\/li>\n<li>salary commensurate with the special skills (Relevant Factor: Whether the same skills and qualifications are readily available in the US)<\/li>\n<\/ol>\n<p>As for the company itself, it should be at least 50% owned by individuals who are _<\/p>\n<ol>\n<li>the same nationality as the company; <em>and<\/em><\/li>\n<li>themselves E-1 Visa holders or, if not living in the US, eligible for E-1 status.<\/li>\n<\/ol>\n<p><em>See<\/em> <a href=\"https:\/\/www.law.cornell.edu\/cfr\/text\/8\/214.2\">8 CFR 214.2(e)(18)<\/a> for more details.<\/p>\n<h3>Period of Stay<\/h3>\n<p>The initial stay under E-1 status is for two (2) years, generally.\u00a0 And, you can apply for extensions, also for two (2) years, as many times as you want.<\/p>\n<p>The E-1 program does not provide a path to permanent residence in the same way an <a href=\"https:\/\/myhlaw.com\/immigration-work-visas-l-1-visa\/\">L-1 Visa<\/a> does.\u00a0 However, you can extend your stay in the US indefinitely, as long as you continue the trade activities.<\/p>\n<p>Just remember that your <em>intention<\/em> as an E-1 visa holder is to return to your home country when your trading business is complete.\u00a0 Things can happen along the way that change your plans, such as meeting someone special and getting married.\u00a0 Should your intentions change such that you wish to live permanently in the US, changing to a different kind of status may be advisable.<\/p>\n<h3>Family Members<\/h3>\n<p>E-1 holders may be bring spouses and children under 21 years of age as dependents, even if they are not the same nationality.\u00a0 The period of stay for dependents will generally be the same as for the principal.<\/p>\n<h3>Change of Status<\/h3>\n<p>In \u00abreal life\u00bb it is often important to clients to be able to apply for a new immigration status without having to go back to their home country and go through consular processing.\u00a0 The ability to change status without leaving the US <em>is<\/em> available for E-1.\u00a0 If you are already here in the US as a lawful nonimmigrant, you may file Form I-129 to request a change of status to E-1 classification.<\/p>\n<h3>Travel<\/h3>\n<p>You are able to freely leave and re-enter the US under an E-1 Visa.\u00a0 In fact, each time you re-enter the US, you will generally be granted an automatic extension of two (2) years from the time of re-entry.\u00a0 The same applies to your dependents, but only if they travel with you.<\/p>\n<p>Both E-class visas (E-1 and <a href=\"https:\/\/myhlaw.com\/immigration-work-visas-e-2-reqs\/\">E-2<\/a>) are very good visas.\u00a0 If you are lucky enough to hold a passport from a country that participates in the treaty, then you would be well advised to carefully consider the advantages of the E-1 program.\u00a0 Anecdotally speaking, E visas are not insanely difficult to obtain nor to maintain.\u00a0 By comparison, EB-5 visas are much more expensive to obtain, and L-1 visas are much harder to hold onto after the initial period of stay.<\/p>\n<p>As always, this article is intended to help you focus your approach.\u00a0 Meet with an experienced HLA attorney to go over your particular circumstances and map out a plan of action.<\/p>\n<p style=\"text-align: right;\">~ <a href=\"https:\/\/myhlaw.com\/attorneys\/jeffrey-harrington-esq\/\">Jeff Harrington, Esq.<\/a><\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This is an overview of the eligibility requirements and key features of the E-1 Treaty Trade Visa.<\/p>\n","protected":false},"author":1,"featured_media":2978,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[443,43],"tags":[179,253,196,386,389,387,388,452,554,559,86,180,451,560,77],"class_list":["post-2970","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-e-visas","category-immigration","tag-attorney-jeff-harrington","tag-attorney-jeffrey-harrington","tag-business-immigration","tag-e-1","tag-e-1-status","tag-e-1-visa","tag-e-class-visa","tag-e1-visas","tag-inmigracion-corporativa","tag-inmigracion-para-empresarios","tag-investor-visa","tag-jeff-harrington-esq","tag-treaty-trader-visa","tag-visas-para-empresarios","tag-work-visa"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/myhlaw.com\/es\/wp-json\/wp\/v2\/posts\/2970","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/myhlaw.com\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/myhlaw.com\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/myhlaw.com\/es\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/myhlaw.com\/es\/wp-json\/wp\/v2\/comments?post=2970"}],"version-history":[{"count":0,"href":"https:\/\/myhlaw.com\/es\/wp-json\/wp\/v2\/posts\/2970\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/myhlaw.com\/es\/wp-json\/wp\/v2\/media\/2978"}],"wp:attachment":[{"href":"https:\/\/myhlaw.com\/es\/wp-json\/wp\/v2\/media?parent=2970"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/myhlaw.com\/es\/wp-json\/wp\/v2\/categories?post=2970"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/myhlaw.com\/es\/wp-json\/wp\/v2\/tags?post=2970"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}