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To qualify for an E-1 trader visa, a foreign business person must
be seeking entry into the United States to carry on "substantial
trade in goods or services in a capacity that is supervisory or
executive or involves essential skills."
E-1 visas were previously restricted to a trade of goods and
specific services, including banking, finance, and the airline
industry. This limited definition of services has been greatly
expanded under NAFTA so that trade can be in goods or services
without specification or restriction:
The term "trade" means the exchange, purchase, or sale of
goods and/or services.
Goods are tangible commodities or merchandise having
intrinsic value.
Services are economic activities whose outputs are other
than tangible goods.
Such service activities include but are not limited to:
banking, insurance, transportation, communications and
date processing, advertising, accounting, design and
engineering, management consulting, tourism, and
technology transfer
As a TFN, you may be issued a treaty trader (E-1)
nonimmigrant visa if all of the following requirements are
met:
- You or your firm is a TFN (at least 50% of the company
stock is owned by TFNs)
- You enter the United States to carry on substantial trade
(more than 50%) between your U.S. business and a TFN
country; it does not matter if your TFN company is engaged
primarily in trade with countries other than the United
States
- The trade is already in existence at the time you apply for
E-1 status
- You engage in executive or managerial duties or possess
special skills that make your services essential to the
employer's operations
- You confirm you will leave the United States upon
termination of this status
Countries with Treaties for E-1 Visas:
Argentina, Aruba, Australia, Austria, Belgium, Bolivia, Bosnia and
Herzegovina, Brunei, Canada, China (Taiwan), Colombia, Costa
Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France,
Germany, Gibraltar, Greece, Honduras, Iran, Ireland, Israel, Italy,
Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico,
Netherlands, Netherlands Antilles, Norway, Oman, Pakistan,
Paraguay, Philippines, Poland, Serbia Montenegra, Slovenia,
Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey,
United Kingdom, Yugoslavia, Wallis & Futura Islands, Western
Sahara.
BOGLE
OKOYE
CHANG
BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
E1 Work Visas: Treaty Trade Investment