E-1 Visa

E-1 Investment Visa

What is the E1 investment visa?

The E-1 visa is not specifically an investor visa; it is a treaty trader visa for individuals involved in substantial trade between the United States and their home country. If you are looking for an investor visa, you might be interested in the E-2 visa. 

Am I Eligible for an E-1 Treaty Trader Visa?

To determine your eligibility for an E-1 Treaty Trader Visa, you will need to consider several factors. Here are the key eligibility criteria:

  1. Nationality: You must be a national of a country that has a treaty of commerce and navigation, or a bilateral investment treaty, with the United States. Not all countries have such treaties, so you’ll need to check whether your country of nationality is on the list of eligible countries.  Please the related section on this page for a list of E-1 treaty trader countries.

  2. Substantial Trade: The primary purpose of your visit to the U.S. should be to engage in substantial trade. “Substantial trade” generally means a continuous flow of sizable international trade items, involving numerous transactions over time. The trade must be principally between the United States and the treaty country.

  3. Trader or Employee: You must either be the principal trader carrying out substantial trade, or you can be an employee of the trading company. If you’re an employee, you must be in a supervisory or executive capacity or possess skills essential to the efficient operation of the trading firm.

  4. Nature of Trade: The trade involved must be in goods, services, or technology. Purely financial transactions, speculative activities, and the mere presence of an investment do not qualify.

  5. Substantial Investment: While there is no specific investment amount required for the E-1 visa, there should be a substantial investment in the trade. The investment should be sufficient to ensure the successful operation of the enterprise.

  6. Continuous Trade: The trade activities must be continuous, meaning that there should be ongoing and regular transactions between the U.S. and the treaty country.

  7. Duration of Stay: The initial period of stay on an E-1 visa is usually up to two years, with the possibility of extensions. To qualify for extensions, the trade activities must continue to meet the requirements.

E-1 and E-2 Visa Treaty Countries

Please click the following link for list of countries that have E-1 and E-2 Investor Treaties with the US.

List of E-1 and E-2 Treaty Visa Countries

How Can I Apply for an E-1 Investor Visa at the Consulate?

To apply for an E-1 visa at the U.S. consulate, you typically follow these steps:

  1. Eligibility: Ensure that you and your business meet the eligibility requirements for the E-1 visa. This includes being a national of a country that has a qualifying treaty of commerce and navigation with the United States and engaging in substantial trade between the two countries.
  2. Business Qualification: The majority of the trade must be between the United States and your home country. The trade must be substantial, and more than 50% of the total volume of international trade must be between the U.S. and your treaty country.
  3. Employee Eligibility: If you are an employee, you must be an essential employee with skills that are essential for the efficient operation of the business. Ordinary skilled or unskilled workers do not qualify for the E-1 visa.
  4. Complete the Online Visa Application (DS-160): Fill out the DS-160 form online, which is the application for a U.S. visa. You will receive a confirmation receipt with a barcode, which you need to print and keep for your records.
  5. Pay the Visa Fee: Pay the non-refundable visa application fee. The fee amount may vary depending on your nationality.
  6. Schedule an Interview: Schedule an appointment for an interview at the U.S. consulate or embassy in your home country. Wait times for interview appointments can vary, so it’s advisable to check the current processing times.
  7. Gather Required Documents: Collect all required documents, including your passport, DS-160 confirmation receipt, visa application fee payment receipt, a passport-size photo, and any additional documents related to your trade and business.
  8. Attend the Visa Interview: Attend the visa interview at the U.S. consulate. Be prepared to discuss your business, the nature of the trade, and how it meets the criteria for the E-1 visa.

How Can I File a Change of Status to E-1 in the US?

If you are already in the United States and wish to change your status to E-1, you can do so by filing a petition with U.S. Citizenship and Immigration Services (USCIS). Here are the general steps for filing a change of status to E-1 within the U.S.:

  1. Check Eligibility: Ensure that you and your business meet the eligibility requirements for the E-1 visa status. This includes being a national of a country that has a qualifying treaty of commerce and navigation with the United States and engaging in substantial trade between the two countries.
  2. Business Qualification: The majority of the trade must be between the United States and your home country. The trade must be substantial, and more than 50% of the total volume of international trade must be between the U.S. and your treaty country.
  3. Complete Form I-129: File Form I-129, Petition for a Nonimmigrant Worker, with USCIS. This form is used for various nonimmigrant visa categories, including E-1. Ensure that you select the appropriate box for “E-1 Treaty Trader” on the form.
  4. Gather Supporting Documents: Collect all necessary supporting documents to submit with your Form I-129. This may include evidence of your nationality, evidence of substantial trade, a detailed business plan, financial documents, and any other relevant supporting materials.
  5. Include a Cover Letter: Prepare a cover letter that provides an overview of your case, explains the basis for your eligibility, and lists the supporting documents you are submitting.
  6. Pay the Filing Fee: Pay the required filing fee for Form I-129. The fee amount may vary, so check the USCIS website for the most up-to-date information.
  7. Submit the Petition: Mail the completed Form I-129, supporting documents, and the filing fee to the appropriate USCIS service center. Make sure to use a trackable mailing method and keep a copy of your submission for your records.
  8. Wait for USCIS Processing: USCIS will review your petition and notify you of its decision. This process may take several months, so it’s essential to submit your application well in advance of any planned travel or expiration of your current status.
  9. USCIS Decision: If USCIS approves your petition, you will receive an approval notice. If denied, USCIS will provide reasons for the denial, and you may need to explore other options or correct any deficiencies in your application.
  10. Change of Status or Consular Processing: If your change of status is approved, you will be granted E-1 status, and you can start engaging in substantial trade. If you plan to travel internationally, you will need to apply for an E-1 visa at a U.S. consulate or embassy before returning to the U.S.

Qualifications of an employee for an E-1 visa

  1. You must have the same nationality as the trading firm.
  2. You must meet the definition of “employee” under the relevant law
  3. You must be either engaging in duties of an executive or supervisory position or if employed in a lesser capacity, have special qualifications.

How Can I Extend My E-1 Visa?

Extending an E-1 Treaty Trader Visa involves submitting a request for an extension with the USCIS. Here is a general guide on how to extend an E-1 visa:

  1. File a Petition:

    • The employer (or the individual if self-employed) needs to file Form I-129, Petition for a Nonimmigrant Worker.
    • Include supporting documentation that demonstrates continued eligibility for the E-1 visa. This may include evidence of ongoing substantial trade, financial statements, and other relevant business records.

  2. Timing:

    • File the extension petition well in advance of the expiration of the current E-1 status. USCIS recommends filing the extension request at least 45 days before the current status expires.

  3. USCIS Filing Fee:

    • Include the required filing fee with the Form I-129. The fee amount can change, so check the USCIS website for the most up-to-date information.

  4. Premium Processing (Optional):

    • Consider using premium processing if a faster decision is needed. This is an optional service that requires an additional fee. It expedites the processing time to 15 calendar days.

  5. Wait for USCIS Decision:

    • USCIS will review the petition and, if necessary, request additional evidence. Once the review is complete, they will issue a decision.

  6. Travel During Extension Processing:

    • While the extension is pending, the applicant can generally remain in the U.S., but international travel is not recommended. If you leave the country while the extension is pending, USCIS may consider the application abandoned.

  7. Receive I-797 Approval Notice:

    • If the extension is approved, USCIS will issue Form I-797, Notice of Action, indicating the new validity period.

  8. Extension Periods:

    • Extensions are generally granted in increments of up to two years each. There is no specified maximum limit on the number of extensions that can be granted.

  9. Notify the Consulate (if applicable):

    • If you plan to travel abroad after the extension is approved, you may need to apply for a new visa at a U.S. consulate or embassy.

  10. Maintain Records:

    • Keep copies of all filed forms, supporting documents, and USCIS correspondence for your records.

It’s important to note that immigration processes can change, so it’s advisable to check the USCIS website or consult with an immigration attorney for the most up-to-date information and guidance tailored to your specific situation.

Other Investment Visas

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