E1 Treaty Visa
E1 Visa Immigration Attorney and Qualified Person
An E-1 is a visa for a foreign national of a “treaty trader” country, coming to the US to carry on substantial trade occurring principally between the US and the foreigner’s country of nationality. This visa may also be obtained by key employees of the business. Key considerations include: i) whether the foreigner is a national for a country that has an E-1 trade treaty, ii) that the business is 50% owned by foreigners of the treaty country, iii) that the foreigner is either a 50% owner or a key employee of the company, iv) that and that the company’s trade is “substantial.”
If the foreign national’s country is not on this list of Treaty Country, then E1 Visa is not an option.
Establishing that at least 50% of the US business is owned by eligible foreigners obviously depends on the nationality of the owners. Interestingly enough, however, is that if one of the owners is a US lawful permanent resident, that person’s ownership is not considered to be that of a foreigner, even if that person is a citizen of a qualifying treaty trade eligible country.
While an owner who owns at least 50% of the US business is eligible for E1 Visa, “key employees” are also eligible. A key employee must prove that they are either an “essential skills” worker whose skills are essential to the trading enterprise or key executives.
Condition of Obtaining an E1 Visa
Unlike H-1B visas there is no quota on the number of E1 visa which may be issued every year; therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available.
Advantages and Limitations of an E-1Visa
E1 Visa does not require any specific educational background. You may also travel in and out of the US or remain in the US continuously until your E-1 visa expires. The E-1 visa may initially be valid up to 5 years, with the possibility of 2 year extensions. The duration of status, however, can only be for a maximum of 2 years, which means that the E-1 visa holder has to depart the US and reenter to extend their status or apply for an extension of status by filing such an application in the US.
Iranian E1 Visa Immigration Lawyer Role in an E-1Visa Application
E-1 visa applications are difficult to document and can be painstakingly time intensive. Proving “substantial trade” is also especially challenging when the amount of trade is not toward the higher end. In such cases, a strong argument must be made that such trade is substantial in the particular business based on the nature of the trade. Knowledge of what the immigration service or department of state expects to receive from the petitioner is essential to success. In some consulates, there are particular formatting requirements that if the applicant fails to meet, the case will be immediately rejected.
To discuss E1 visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group feel free to contact us by email or call us at (650) 391-9630.