The E-1 (treaty trader) and E-2 (treaty investor) visa categories were created in relation to bilateral trade agreements, such as Treaties of Friendship, Commerce, and Navigation ("FCNs") and Bilateral Investment Treaties ("BIT"), between the US and the nation in which the treaty trader or investor is a citizen or national. At the US Department of State, a list is available. If they are citizens of a treaty nation and meet the necessary requirements, these visas allow investors, traders, and their workers to enter the United States on a temporary basis in order to conduct business or make investments.
Is E-1 Treaty Trader Status available to me?
For consideration as a candidate for an E-1 Treaty Trader visa, you must:
Own a nationality recognised by a treaty
If you are a corporation, at least 50% of your shares or membership interests must be held by individuals who are citizens of the treaty country according to an US immigration lawyer in London. If you work for a treaty trader firm, you are required to be of the same nationality as your employer.
You should take into account the following aspects, among others, while determining the nationality of your business:
- the registrants' nationalities;
- percentage of shares held by treaty country citizens;
- whether the business is publicly traded, the exchanges on which it is listed and whether it is only listed on one exchange;
- if the members have US legal permanent residency.
Significant trade
The quantity of commerce required to maintain a steady flow of goods for international trade between the United States and the treaty country is referred to as substantial trade. Basically, when there are several transactions over a period of time and the money generated is adequate to support the treaty dealer, the trade is deemed considerable. No of the quantity or the nature of the transaction, it is not "substantial trade" if it only happens once.
Products of commerce
Goods, services, international banking, insurance, money, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and various news gathering operations are just a few examples of the things that are traded.
Primary trade
When more than half of the volume of the treaty trader's international commerce is carried out between the United States and the treaty country of the trader's nationality, there is principal trade between the United States and that country.
How long is the E-1 Treaty Trader Visa issued for?
Your country of origin will determine this. British citizens are typically given for 5 years, however they can be authorised for as low as 2 years with a solid application through an US immigration lawyer in London.
Can my relatives come along?
Yes, you may apply for E-2 visas for your spouse and children (if they are under 21). They are qualified based on your status as the primary E-2 visa holder and your relationship with them.
Can my family work and study?
Your unmarried children under 21 can study without needing an F-1 Student Visa, and your spouse can work (upon successful application completed after entrance) and/or study. A spouse cannot work until they have gotten employment authorization. Without additional intervention, kids can go to school.
The same status may be granted to spouses and unmarried children under the age of 21 travelling with an E-1 non-immigrant. Although they must apply, spouses may be given permission to work in the US; children are not allowed to work during their stay but are allowed to attend school.
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