All You Need to Know About the E1 VISA

2. Benefits of the E1 Visa:

The E1 Visa offers several advantages, including:

1. Legal Work Authorization: Allows individuals to work legally in the United States.
2. Freedom to Travel: Permits unrestricted travel in and out of the United States.
3. Indefinite Renewal: The visa can be renewed indefinitely, in increments of up to two years.
4. Dependent Eligibility: Spouses and dependent children (unmarried and under 21) are eligible for E1 status. Children can attend school, and spouses can apply for an Employment Authorization Document (EAD).

3. Requirements for E1 Visa:

To be eligible for an E1 visa, applicants must meet the following requirements:

(a) Nationality Requirement:

• Must be a national of a country that has a treaty of commerce and navigation with the United States.
• Eligible countries include Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Canada, Chile, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, South Korea, Kosovo, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, Norway, Oman, Pakistan, Philippines, Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, and the United Kingdom.
• If the treaty trader is a business, at least 50% of the business must be owned by nationals of the treaty country.

(b) Trade Definition:

• Work conducted must involve a meaningful international exchange of qualifying commodities (goods, money, or services).
• Existing trade between the individual or entity and the United States is essential.

(c) Substantial Trade:

• The trade being conducted must be substantial, ensuring a continuous flow between the U.S. and the treaty country.
• Consular officers focus on the number of transactions rather than their monetary value.

(d) Principally Between Countries:

• At least 50% of the volume of international trade conducted by the treaty trader must be between the U.S. and the treaty country.

(e) Vital Role in the Company:

• Applicants must share the same nationality as the primary employer and demonstrate their necessity for the company's efficient operation, holding a managerial, executive, or uniquely qualified role.

(f) Intent to Depart the U.S.:

• While not requiring evidence of maintaining property abroad, applicants must demonstrate their intent to leave the U.S. upon the termination of their E1 visa status.

4. E1 Visa Application Process:

The application process involves various steps, whether applying from within the U.S. or abroad. Documentation includes Form G-28, passport, evidence of eligibility, business information, U.S. Company Support Statement, and evidence of intent to depart. For those already in the U.S., a change of status to E1 status can be requested through a petition with USCIS, involving the completion of Form I-129 and E-supplement, along with additional documents.

5. E1 Visa Forms:

• Form DS-160: Online Nonimmigrant Visa Application.
• Form DS-165E.
• Form I-129: Petition for a Nonimmigrant Worker.
• Form I-907.
• Form G-28: Notice of Entry of Appearance as Attorney or Accredited Representative.
• Valid passport or copy of biographic page from the passport.
• I-94 Card.
• Valid visa photo.
• Receipts showing payment of fees.
• Visa appointment letter.
• Letter from the employer.

6. E1 Visa Fees:

• Visa application fee: $205 per applicant.
• Change of Status (Form I-129): $460.
• Optional premium processing fee (expedited processing): $1,440.
• Additional fee for each dependent: $370.

7. E1 Visa Processing Time:

• E1 visa application: Approximately 2-3 months.
• Change of status: 6 to 8 months (standard processing), 15 calendar days with premium processing.

8. E1 Visa Extension:

• The E1 visa is initially valid for 2 years with no specific limit on extensions.
• To request an extension, Form I-129 and Form I-539 may need to be filed.

The E1 visa provides businesspeople from specific treaty countries the opportunity to work in the U.S. and engage in substantial trade. The guide covers benefits, requirements, the application process, and extension information. For further inquiries, contact the provided email for assistance in understanding the E1 visa.

Resources:

• Business Immigration Law & Practice: Second Edition.
• US Citizenship and Immigration Services.
• US Department of State.