E-1 Visa Attorney in Saint Charles, Missouri
What is the E-1 Visa?
The E-1 visa is a nonimmigrant visa that allows foreign treaty nationals, their spouses, and unmarried children under 21 to enter the United States to exchange products with the United States from American land.
Alternatively, the treaty trader can be an overseas corporation that is also a treaty country national and through which a foreign national might come to work for its U.S. subsidiary, affiliate, or parent company as an essential employee.
What Are the Key Features of the E-1 Visa?
- If more than 50% of a company’s business is with the person’s home country, and the home country has signed a treaty with the U.S., the visa holder can work lawfully in the U.S. for that company.
- The individual is only allowed to work for the U.S. employer or self-owned business that functioned as the visa sponsor while in the country.
- Initial visas are valid for up to five years and can be extended indefinitely. The duration of the visa is determined by the visa “reciprocity” agreement between the U.S. and the other nation, as well as the company’s sustainability (new companies receive shorter validity periods).
- When E visa holders (workers or family members) enter the United States, they are granted a two-year stay. They may also prolong their stay in the United States.
- An accompanying spouse and minor, unmarried children, are eligible for visas.
- The spouse may work in the United States, but not the children.
What Are E-1 Visa Key Requirements?
E-1 visas are offered to nationals of particular nations with which the United States has trade agreements. Please visit the USCIS website for a comprehensive and up-to-date list of treaty nations.
E-1 Qualifying Company
Citizens of your treaty countries must possess at least 50% of the corporation. You may or may not be the only owner of the firm. Owners from the trading countries must either live outside the United States and qualify for E-1 status or dwell in the United States on E-1 visas.
Your Role With the Company
You must be an Executive, Supervisor, Manager, or Key Employee if you are not the company’s primary owner.
- Executives and Supervisors. Your primary responsibilities must be executive and supervisory, with ultimate authority and accountability for at least a portion of the company’s operations. You have a significant influence on the company’s policies and direction. In most cases, you are not directly responsible for low-level personnel. Your qualifications, experience, income, and title should be comparable to others in similar positions.
- Essential Employees. Your abilities don’t have to be unique, but they should be critical to the company’s growth and functioning. The USCIS will consider the following factors when determining whether an employee is an Essential Employee: degree of expertise in the area of operations, degree of experience and training, salary, the time required to train a worker to perform job duties, whether U.S. workers possess the same skills and aptitude, and so on.
More Than 50% of the Company’s Trade Must Be Between the U.S. and Your Home Country
The basic norm is that more than half of a company’s transactions must occur between the United States and the citizen’s native country. For example, if you are from France and run a wine import firm in the United States, more than half of your inventory must have come from France.
The term “trade” has a broad definition that includes importing and exporting tangible items and exchanging money and services. A few trade examples are insurance, international banking, communications, data processing, advertising, design and engineering, management consulting, tourism, technology, and accounting. A “continuous flow” of trade products between two countries is described as “substantial trade,” not by a numerical metric.
However, three factors can assist in determining how significant a deal is: the monetary amount, the volume, and the regularity. If you are concerned about meeting the E-1 visa criteria, you should speak with our experienced E-1 visa attorney.
- There is no set amount, and the sums may vary significantly across consular regulations. A consular official might ask for varying sums in different situations.
- Import or export commerce must be sufficient to sustain a full-time firm in the United States. If the business offers services, the level of work should warrant the E-1 visa holder and at least one employee.
- One cargo is insufficient. Importing and exporting must be continuous. At all times, there should be a complete inventory.
What is Trade?
What is Substantial Trade?
“Substantial Trade” is the amount of trade sufficient to assure a continuing flow of international trade products between the United States and the treaty country, according to USCIS. This continuous flow considers a variety of transactions across time.
Treaty trader status cannot be acquired or maintained based on a single transaction, no matter how lengthy or financially significant. Although the trade’s monetary worth is essential, more frequent exchanges of higher value will be given more weight.
There are no minimum requirements in terms of each transaction’s monetary value or volume. In the case of smaller enterprises, an income obtained from the value of many transactions that is adequate to sustain the treaty trader and their family is a positive criterion in determining if substantial commerce exists.
What is Principal Trade?
The USCIS defines “Principal Trade” as the type of trade between the U.S. and the treaty country when the U.S. and the trader’s treaty country account for more than 50% of total international trade volume.
A person might be a principal trader or an employee of a trader firm in the same country. E-1 admissions have no number restrictions. The E-1 visa is for treaty country citizens who want to work in the United States for a company that makes considerable trade primarily between the United States and the treaty country. The company is majority-owned by treaty country nationals (either other companies or individuals).
An alien may be classified as a nonimmigrant treaty trader under the U.S. Immigration and Nationality Act if they will be in the U.S. solely to carry on substantial trade, including trade in services or trade in technology, principally between the U.S. and the foreign state of which they are national; and intends to depart the U.S. upon the expiration or termination of treaty trader (E-1) status.
What Kind of Documents Do You Need to Apply for an E-1 Visa?
You must complete forms and supply paperwork when applying for an E-1 visa. Because some of the criteria can vary depending on where you apply, you must speak with our experienced E-1 visa attorney to ensure you’re not overlooking anything.
During the application procedure, you must have the following documents:
- Form DS-160 (nonimmigrant visa)
- Form DS-156E (nonimmigrant investor)
- I.D. with a color photo showing your entire face
- CV or resume
- Passport with expiration no less than six months past your stay
- Proof of trading activity for at least one year
- Evidence of employment or skills
- Evidence of nationality
- Evidence of U.S. remittance (transfer exchange permits, bank loans, etc.)
- Proof of establishment in the U.S.
- Proof of a legitimate business, such as news articles and annual reports
- Proof of trade between the U.S. and the country from where you’re applying
How Do You Apply for an E-1 Visa?
The application procedure is divided into many steps. Contact our trusted E-1 visa attorney for detailed guidance to guarantee you don’t miss anything.
- Step 1. Print the confirmation page after completing Form DS-160 online. You must provide a photo of yourself in a particular format described on the website during the online application.
- Step 2. You are not required to attend an interview within a specified age range, but the consulate may request one regardless of your age. As a result, you should double-check the prerequisites before applying.
- Step 3. Gather all of the paperwork, forms, and applications you’ll need for the interview. You may also be required to pay some fees.
- Step 4. A consular official will assess if you are eligible for an E-1 visa during your interview. Your fingerprints will be taken as well. Your application may need extra processing after the interview to establish eligibility.
- Step 5. Wait for approval. You may be required to pay additional costs if the consulate approves your application. When your visa is ready for pick-up or delivery, they will inform you.
Can You Get a Green Card With an E-1 Visa?
Fortunately, the E-1 is a “dual intent” visa, meaning that its holders can apply for immigrant status.
However, the time it takes you to transition from an E-1 visa to a green card depends not only on the sort of green card you’re looking for but also on which nation you’re from. Green cards can be obtained in three different ways: family-based, employment-based, or investment-based.
If you want to apply for an employment-based green card, you’ll need to locate a company to sponsor you once you have your E-1 visa. The EB-1A, EB-2 with a National Interest Waiver, and EB-5 investor green cards are the only ones that don’t require a sponsor.
Because this period varies so much based on the type of green card you want, it’s essential to consult with our skilled E-1 visa attorney to figure out what to expect.
How Our Skilled E-1 Visa Attorney Can Help You?
Immigration law is typically a challenging issue that demands meticulous attention to detail and a thorough understanding of the subject. Suppose you are experiencing a legal issue with your immigration status. In that case, you will need the assistance of an experienced immigration law attorney who can guide you through the process and help you reach a favorable resolution.
It’s a dangerous move to tackle the problem on your own or (worse) to let it go unsolved. Don’t allow your immigration status to be determined by someone else. Work with our experienced E-1 visa attorney to find a solution so you can get back to enjoying your life.
We Can Help You Accomplish Your International Business Goals Today
You must come prepared with qualifying documentation and understand how to handle all of the legal hurdles to acquire an E-1 visa. Our Missouri E-1 visa attorney is committed to assisting you in establishing your business in the United States and ensuring its success by providing legal safeguards.
Gateway Immigration Law Firm has represented people from all over the world in a range of immigration concerns and has a track record of obtaining clients the results they seek. Please do not hesitate to retain our legal services right away.