Some employees who also have the same treaty nationality of the U.S. company may also be eligible for an E-1 visa. To qualify for an E-1 visa, whether as an individual or a U.S. enterprise which is engage in trade, the following is required:

• The principal trader, executive, manager, essential employee, or other high specialized employees of the enterprise must be a citizen of the treaty country.

The legal definition for E-1 visas describing “Trade” means that there is an existing international exchange of items of trade for consideration between the U.S. and the treaty country.  Examples of trade might be:

• Goods
• Services
• International banking
• Insurance
• Transportation
• Tourism
• Technology and its transfer
• Some news-gathering activities.

What is “Substantial trade” depends on the continuous flow of sizable international trade items, involving numerous transactions over time.  There is no minimum requirement regarding the monetary value or volume of each transaction.

“Principal trade” between the U.S. and the treaty country exists when over 50 percent of the total volume of international trade is between the U.S. and the trader’s treaty country.

Family Members

Family members of the E visa holder are permitted to enter the United States with the visa holder. Included in this category is the spouse of the visa holder, as well as minor unmarried children under the age of 21. Once children attain the age of 21 or get married, they are no longer entitled to remain in the United States in treaty status.
Each family member needs a separate visa application filed in conjunction with that of the principal “E” applicant.

Countries Eligible for the E Visa

For more information about whether you, your company, or one of your treaty nationals may qualify for the E-1 Visa, please feel free to contact our law firm‘s board certified expert with questions.

Country Specific Footnotes