E-1 Treaty Traders enter under a Treaty of Friendship, Commerce and Navigation between the United States and the foreign country of which the person (and the employer) is a national. For E visa purposes, a person’s nationality is that of a country whose passport he / she carries, regardless of place of birth, even though elsewhere in U.S. immigration law the concepts of nationality and citizenship are differentiated.
The treaty nationality of a company is determined by the nationality of the majority of its owners, if privately held, or the country on whose stock exchange it is principally traded, if it is a public company.
The E-1 treaty trader must be coming solely to carry on substantial trade principally between the United States and the foreign country of which he or she is a national. The period of admission is for two years, but an E-1 visa may be granted for up to five years. Extensions of stay are possible upon filing an updated application with the relevant U.S. Embassy or Consulate. The E extension application should report the most current volume of annual trade between the treaty country and the U.S. enterprise. While there is no requirement for the trader to have an unabandoned domicile abroad, the treaty trader must intend to return to a home abroad once the purpose of admission has been accomplished.
Have more questions about E-1 visas? Contact Karin Wolman today!