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The E1 visa for Treaty Traders allows nationals from
countries that maintain an appropriate treaty of commerce
and navigation with the U.S., to enter the U.S. to conduct
trade between the U.S. and their home country.
Eligibility Criteria
An alien may be classified as a nonimmigrant treaty trader
(E1) if the alien:
- Will be in the United
States solely to carry on trade of a substantial nature,
which is international in scope, either on the alien's
behalf or as an employee of a foreign person or organization
engaged in trade principally between the United States
and the treaty country of which the alien is a national,
taking into consideration any conditions in the country
of which the alien is a national which may affect
the alien's ability to carry on such substantial trade;
and
- Intends to depart the
United States upon the expiration or termination of
treaty trader (E1) status.
Trade: Trade
is the existing international exchange of items of trade
for consideration between the United States and the treaty
country. Existing trade includes successfully negotiated
contracts binding upon the parties which call for the
immediate exchange of items of trade. Domestic trade or
the development of domestic markets without international
exchange does not constitute trade. This exchange must
be traceable and identifiable. Title to the trade item
must pass from one treaty party to the other.
Items of trade include but
are not limited to goods, services, international banking,
insurance, monies, transportation, communications, data
processing, advertising, accounting, design and engineering,
management consulting, tourism, technology and its transfer,
and some news-gathering activities. For purposes of this
paragraph, goods are tangible commodities or merchandise
having extrinsic value. Further, as used in this paragraph,
services are legitimate economic activities which provide
other than tangible goods.
Substantial trade: Substantial trade
is an amount of trade sufficient to ensure a continuous
flow of international trade items between the United States
and the treaty country. This continuous flow contemplates
numerous transactions over time. Treaty trader status
may not be established or maintained on the basis of a
single transaction, regardless of how protracted or monetarily
valuable the transaction. Although the monetary value
of the trade item being exchanged is a relevant consideration,
greater weight will be given to more numerous exchanges
of larger value. There is no minimum requirement with
respect to the monetary value or volume of each individual
transaction. In the case of smaller businesses, an income
derived from the value of numerous transactions which
is sufficient to support the treaty trader and his or
her family constitutes a favorable factor in assessing
the existence of substantial trade.
Principal trade: Principal trade between
the United States and the treaty country exists when over
50 percent of the volume of international trade of the
treaty trader is conducted between the United States and
the treaty country of the treaty trader's nationality.
Duration of Stay
A treaty trader may be admitted for an initial period
of not more than 2 years. Requests for extensions of stay
may be granted in increments of not more than 2 years.
Since there is no limit on the number of extensions, the
treaty trader can stay in the U.S. indefinitely.
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44-20-8150
6197 |
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India: |
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