E1 VISA – DLG

E-1 Visa Frequently Asked Questions

What is the purpose of the E-1 visa?

The E-1 visa allows individuals from treaty countries to enter the United States for the purpose of engaging in substantial trade in goods or services.

Who is eligible for an E-1 visa?

Citizens of countries that have a treaty of commerce and navigation or bilateral investment treaty with the United States are eligible to apply for the E-1 visa.

What is considered "substantial trade"?

“Substantial trade” typically refers to a continuous flow of sizable international trade involving numerous transactions over a period of time.

What types of trade qualify for an E-1 visa?

Both the exchange of goods and services can qualify as trade for the purpose of obtaining an E-1 visa.

How can I demonstrate substantial trade for an E-1 visa?

Providing detailed records of past trade transactions, contracts, invoices, and proof of the ongoing and significant nature of trade between your home country and the U.S. is crucial.

Can a service-based business qualify for an E-1 visa?

Yes, service-based businesses can qualify if they engage in substantial trade in services between the treaty country and the U.S.

How long can I stay in the U.S. on an E-1 visa?

E-1 visa holders can generally stay in the U.S. for up to two years initially, with extensions allowed in two-year increments. There is no limit to the number of extensions an E-1 nonimmigrant may be granted.

Can my family members accompany me on an E-1 visa?

Yes, spouses and unmarried children under 21 years of age can accompany the E-1 visa holder. They can also work in the U.S. immediately upon entry since the regulations provide that work authorization is incident to E-1 visa status. Meaning it’s no longer necessary to apply for a work authorization from USCIS.

Can I change employers while on an E-1 visa?

E-1 visa holders can only work for the employer or business entity that is the basis for their E-1 status.

Can I apply for permanent residency (a green card) while on an E-1 visa?

E-1 visa holders are considered non-immigrants and must maintain their non-immigrant status. E-1 visas carry with them an intent to return to the home at the end of the authorized stay. Consult your immigration attorney for guidance on the requirements for permanent residence.

Can I travel outside the U.S. while on an E-1 visa?

E-1 visa holders can travel in and out of the U.S. during the validity of their visa. A valid E-1 visa and appropriate documentation are required for every entry.

Can I bring employees from my home country to work in the U.S. under my E-1 business?

Yes, certain employees of the treaty trader or treaty entity may be eligible for E-1 visa status if they have the same nationality as the principal trader and meet specific criteria.

Can a startup business qualify for an E-1 visa?

Generally, a startup business may not qualify for an E-1 visa as it needs to demonstrate a history of substantial trade.

Can I apply for an E-1 visa while in the U.S. or changing my status from another visa category?

Eligible applicants can apply for a change of status to E-1 if they are already in the United States, provided that they did not enter the U.S. through the ESTA program. One can also apply for an E-1 visa at the U.S. consulate in the applicant’s home country.

Excellent

Davidson Law Group, P.C.

4.9

Based on 68 reviews

See all reviews

review us on

Apoorva Chintalacheruvu

Davidson Law Group has been my attorney for over 1.5 years, and my experience has been consistently positive. They successfully processed two LCAs for me and handled my PERM application efficiently. All interactions have been smooth, and they always respond promptly to any questions or concerns. I highly recommend them for anyone seeking professional and responsive legal support.