Minnesota E1 Visa Treaty Trader Attorney

E-1 Treaty Trader Visa

The E-1 Treaty Trader visa is a type of nonimmigrant classification that allows foreign nationals of a nation with which the United States is engaged in a commercial treaty to travel to the United States for the purpose of participating in the trade of a substantial nature between their principal national country and the United States.

A trade is the international exchange of items between the United States and the treaty country.  Items include, but are not limited to: tourism, goods/services, select news-gathering activities, international banking, transportation, insurance, technology and its transfer.

For a complete listing of the current countries with whom the United States has a treaty of commerce and navigation, please refer to the Department of State’s official website.

(insert hyperlink into word “website”:  http://travel.state.gov/content/visas/en/fees/treaty.html)

General Qualifications of Treaty Trader and Employees

In order for a national to qualify for the E-1 classification, they must meet the following qualifications:

  1. Must be a national of a country in which the United States maintains a treaty of commerce and navigation
  2. Must carry on substantial trade
  3. Must carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.

Certain employees of the treaty trader may also be eligible to qualify for the E-1 classification status.  General qualifications of an employee of a treaty trader include:

  1. They must be of the same nationality of the principal alien employer
  2. Meet the definition of “employee” under the relevant law
  3. Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications

Should the principal alien employer not be an individual, then the entity must be an organization or enterprise in which at least 50% ownership is by that of persons in the United States maintaining nonimmigrant treaty trader status who also have the nationality of the treaty country.

Family Members

Spouses and unmarried children under the age of 21, regardless of their nationality, may obtain E1 Dependent status and accompany the principal E Visa holder to the United States.  As long as they remain in E1 dependent status during the time frame they are in the United States, dependents may choose to study or spouses qualify to apply for work authorization through the US Citizenship and Immigration Services (USCIS).  The income of the spouse, however must not be used to support the primary E visa holder.  Spouses of E-1 holders may apply for work authorization using form I-765 and pay additional fee for same.  Once approved, there are no specified restrictions as to where the spouse may obtain employment.  For more information on how to obtain a work authorization for an E-1 Dependent, call us a free appointment at 952-361-5556.

Period of Stay and Time Limits

E-1 treaty trader visa holders are generally granted an automatic two-year period of admission into the United States, but may live within the United States as long as they maintain their Status with the trade between the United States and their national country.  Holders may travel abroad during this time period.  Family members must pay close attention to the time limits they have been granted as once the primary E visa holder applies for a new readmission period it does not apply to the family as well.  In order to legally remain within the United States, family members must apply for an extension well in advance of the date their status expires.

Schedule an Appointment

Need more information on E-1 Treaty Trader Visas? We can help! Our immigration attorneys are prepared to advise you and answer any questions you may have.  Call us at 952-361-5556 (or fill out the free case evaluation form below) and speak to an immigration attorney about your E-1 Treaty Trader Visa matter today.

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