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How Do Business Owners Obtain E-1 Visas?
The E-1 visa is available to business owners and their employees from countries that have signed a treaty of navigation and commerce with the United States. To acquire an E-1 visa, your first step is to consult an Aventura E-1 visa attorney at the Law Offices of Carla A. Anzaldi.
The E-1 is a temporary, nonimmigrant visa which allows businesses based in nations that have navigation and commerce treaties with the United States to conduct trade between the two countries and do business in the U.S. by leveraging their international trade activities.
The U.S. encourages business owners to acquire E-1 visas for trade purposes. However, as you may already know, U.S. immigration laws are exceedingly complicated, and obtaining a visa is always challenging. You will need the advice and assistance of an Aventura E-1 visa lawyer.
Which Business Owners Are Eligible for E-1 Visas?
Commerce and trade treaties promote investment and trade and enhance peaceful relations and international goodwill. Business owners based in U.S. treaty partner nations may obtain E-1 visas for the purposes of directing and developing trade with the United States.
An E-1 visa applicant must have substantial international trade experience. For a business owner to be eligible for the E-1 visa, that business owner must be a citizen of a country which:
- has a commerce and navigation treaty with the United States
- has a qualifying international agreement with the United States, or
- has been deemed by legislation as a qualifying nation
While these requirements may seem simple, terms like “trade” have specific definitions for E-1 visa purposes.
What Constitutes “Trade” for E-1 Visa Purposes?
More than seventy countries have commerce treaties with the United States. USCIS (U.S. Citizenship and Immigration Services) defines trade as the ongoing exchange of services and products between the United States and those treaty nations.
To qualify for an E-1 visa, trade between the U.S. and the business owner’s treaty nation must amount to at least 51 percent of the trade conducted by the owner’s business. Trade between the United States and the treaty nation must be ongoing, frequent, and substantial.
What Benefits Do E-1 Visas Provide to Business Owners?
Business owners granted E-1 visas are allowed an initial stay of two years. The E-1 visa offers considerable benefits to business owners, such as:
- Renewability: E-1 visas are renewable for two-year extensions.
- Unrestricted travel: An E-1 visa holder may travel freely in and out of the U.S.
- Work authorization: Business owners are authorized to work for their businesses.
Unlike the E-2 and EB-5 visas, the E-1 visa entails no requirement to invest in a U.S.-based business or to create jobs in the U.S. Unlike the H-1B visa, Congress imposes no annual cap on E-1 visas, so there is no “lottery system,” and processing usually takes only two to four weeks.
How Will an E-1 Visa Benefit a Business Owner’s Family?
When you acquire an E-1 treaty trader visa, your spouse and your unmarried children younger than age 21 may accompany you or join you in the United States and apply for derivative E-1 visas.
Your spouse may also request an Employment Authorization Document (EAD) and work for any U.S.-based employer. If they are under 21, your unmarried children may attend a university, college, or school in the United States without obtaining an F-1 student visa.
What Steps Should You Take?
If you are a business owner considering an E-1 visa, your first step is scheduling a consultation with an experienced Aventura E-1 visa attorney. Everyone’s circumstances are unique, so you are going to need trustworthy, personalized advice.
If you are already in the U.S. with nonimmigrant status, you may request an adjustment of status by filing USCIS Form I-129. Your lawyer can ensure the form is accurate and complete, so there are no unnecessary processing delays. To apply for an E-1 visa from outside the U.S., you must:
- Submit your E-1 visa application to a United States embassy or consulate.
- Complete and submit the “Nonimmigrant Visa Application” (Form DS-160).
- Pay the application fee.
- Schedule an interview with a consular officer at the embassy or consulate.
For applicants who pay the premium processing fee, your Form I-129 will be processed and your E-1 visa will be approved or denied in fifteen business days.
What More Should Business Owners Know?
If your E-1 application is denied, you can reapply if the reasons for the denial can be resolved. In some cases, you may file an appeal with USCIS. If your appeal does not prevail, an Aventura immigration attorney may help you file a lawsuit in federal court or apply for a different visa.
Your E-1 visa application must confirm your intention to return home after your work ends in the U.S., but you do not have to disclose how long you plan to be in the United States. The E-1 visa offers no direct path to a green card or naturalized citizenship, but you may have other options.
If you are an E-1 visa holder, an Aventura E-1 visa lawyer at the Law Offices of Carla A. Anzaldi can provide sound, personalized legal advice regarding your best path to lawful permanent residence and U.S. citizenship.
We Provide Practical Solutions to Immigration Challenges
At the Law Offices Of Carla A. Anzaldi, we help business owners, investors, and professionals obtain the visas they need to do business in the United States. We will help you acquire the appropriate visa, and we’ll help you understand that visa’s terms and conditions.
If you believe an E-1 visa is right for you, schedule a consultation with an experienced South Florida visa attorney at the Law Offices Of Carla A. Anzaldi. That attorney will ask you about your goals and explain your immigration rights and options.
To begin the E-1 visa application process or learn more about your visa options, contact the Law Offices of Carla A. Anzaldi by calling 754-289-6645. Our immigration attorneys advise individuals, families, and businesses, and we speak English, Spanish, and Portuguese.
