US E1 Treaty Trader Visas

 

US E1 visas and US E2 visas are designed to facilitate trade and investment between America and the countries in question and allow qualifying candidates to migrate to the USA based upon a businessperson's trade with the USA or upon investments made into US businesses.

Benefits

The major benefit of both E1 visas and E2 visas is that, so long as the requirements continue to be met, a person may continue living and working in the US on an indefinite basis. In America, visas of this kind may be extended by two years at a time so long as the applicant still satisfies the original criteria. However, it is worth noting that, as with non-immigrant visas such as the H1-B visa and L1 visa, which function in a similar manner to a UK work permit, Adjustment of Status may be an option. Since applying for a US Permanent Resident Card can be a lengthy process, it is a common practice to immigrate to the USA on a temporary US visa for a limited duration, whilst simultaneously beginning US Green Card application proceedings.

E-1 visas and E-2 visas permit their holders to travel freely in and out of the USA and to bring spouses and or dependents with them. However, much like UK work permits applicants are restricted to working for the employer who acted as sponsor on the application.

Eligibility

Candidates applying for American visas for either E visa service may qualify under one of two streams, Executives and Managers, or "specialty knowledge" workers. Applicants in the former stream must be migrating to the USA in order to fulfil a position directing trade or investment. Unlike the US L1 visas, no requirement is in place that candidates must have worked for the principal trader or investor for a year. Applicants in the latter stream must be able to demonstrate that no resident US citizen was available and able to perform the role.

E1 Treaty Trader

The E1 visa is designed for those applicants immigrating to the USA from a country with which the United States has a commercial treaty in place. Applicants for USA visas of this kind must be migrating to undertake "substantial" trade with the United States. In practice, this means that candidates must demonstrate that their trade with the USA is significant enough in terms of value and consistency to justify immigrating to America in order to manage it. In addition, trade with the USA must constitute at least 50% of the enterprise's total foreign trade. No set limits exist to govern these criteria, each case is considered upon its own merits.

In addition to the criteria outlined above, candidates for US visas as employees of E1 Registered companies must be employed in an executive or supervisory level; or be classified as an "essential employee" able to offer specialty knowledge and skills which are invaluable to the company in question.

Participating Countries:

Whilst nationals of several of the countries with treaties in place may qualify for both types of E visa, the lists are not completely interchangeable. Some nations qualify for the E1 but not for the E2 whilst in other cases the reverse is true. A Global Visas migration consultant will be able to provide more detail on which countries currently qualify for this American immigration service.

Dependent Immigration and Spouse Immigration

In America, immigration through E visas may be regarded as a possible route to permanent residency in the US, or otherwise, US residency for a period of some years. As a result, the spouse and or dependents of successful applicants are permitted to migrate to the USA along with the principle applicant. Whilst derivative E visas do not in themselves provide the right to work in America, an applicant's spouse may apply separately for an EAD card for Employment Authorisation. Whilst dependent children under the age of 21 will be permitted to enter the country, they will not be allowed to work under this US immigration service.