E-1 Visas

Aventura E-1 Visa Attorneys

Helping International Trade Clients Obtain E-1 Visas

The E-1 visa allows citizens of countries that have a commerce and navigation treaty with the U.S. to enter the U.S. to carry out “substantial” trade between the two nations. Obtaining an E-1 visa begins by consulting an Aventura E-1 visa lawyer at the Law Offices Of Carla A. Anzaldi.

The E-1 trader visa is a non-immigrant visa that allows the citizens of commerce treaty nations and their spouses and unmarried children (under age 21) to enter the U.S. to trade goods and services from the trader’s nation of citizenship with the United States.

How Will We Help You?

Immigration law is complicated, so it’s important to discuss your goals – and the E-1 application process – with an immigration attorney as soon as you determine that you need an E-1 visa. When you contact the Law Offices Of Carla A. Anzaldi at 754-289-6645, our South Florida legal team can assist you with:

  1. compiling the documents that must accompany your E-1 visa application
  2. applying for an E-1 visa and ensuring that your application is complete and accurate
  3. responding to requests for more documents and information
  4. responding to a denial of your E-1 visa application (if necessary)
  5. renewing your E-1 visa without leaving the U.S.

When you file your application for an E-1 trader visa, your application package must include supporting documentation: a business plan, pertinent tax documents, and details about yourself, your employer, the goods and/or services to be traded, and your potential customers.

Is an E-1 Visa Right for You?

To qualify for an E-1 visa as a treaty trader, an applicant must be the citizen of a nation that maintains a commerce treaty with the U.S., although the applicant does not have to reside currently in that nation. Over seventy nations currently have commerce treaties with the U.S.

A foreign national applicant additionally must prove that he or she will have an active, executive position in the trading operation. USCIS (U.S. Immigration and Citizenship Services) closely looks at an applicant’s qualifications, so you should have international trade experience.

How is “Trade” Defined?

For E-1 visa purposes, U.S. Immigration and Citizenship Services defines trade as the ongoing international exchange of goods and services between the United States and a commerce treaty nation. Items of international trade may include:

  1. goods and products
  2. banking, insurance, transportation, and tourism services
  3. the transfer of technology
  4. news-gathering activities

What Else Does an E-1 Visa Require?

An E-1 trader visa also entails several requirements regarding the international trade that the applicant will conduct:

  1. Trade between the treaty nation of the E-1 visa applicant and the U.S. must comprise at least 51 percent of the total trade carried out by the applicant’s company.
  1. Trade between the United States and the treaty nation must be “substantial,” currently in progress, and involve frequent and ongoing transactions.

Provided that you meet these requirements, almost any kind of business may qualify for an E-1 visa. USCIS considers the volume of the trading as well as its monetary value. The more and larger the transactions, the more likely it is that the E-1 visa application will be approved.

What Benefits Does the E-1 Visa Provide?

An E-1 treaty trader visa also provides personal benefits directly to the visa holder. These benefits include:

  1. Flexibility: E-1 visas are useful to many individuals and businesses engaged in international trade.
  1. No requirement to create jobs: Unlike several other employment-based visa categories, the E-1 category entails no requirement for the visa holder to invest in a U.S. business or create new jobs in the United States.
  1. No annual cap: Unlike the H-1B specialty occupation visa, there is no annual cap on the number of E-1 visas that are issued, and E-1 applicants are not required to have “exceptional ability.”
  1. Work authorization: E-1 visa holders are authorized to work in the United States for their trading employer.
  1. Renewability: E-1 visas are valid for five  years and may be renewed for five -year extensions. There is no limit to the number of five -year extensions that may be issued.
  1. No travel restrictions: An E-1 visa holder may travel freely to and from the United States without having to file USCIS Form I-131 (“Application for Travel Documents”).

What Benefits Are Provided to Family Members?

An E-1 visa holder’s family (spouse and unmarried children under 21) may accompany or join the visa holder in the U.S. and apply for derivative E-1 visas. An E-1 visa holder’s spouse is authorized to work for any U.S. employer without having to request an Employment Authorization Document (EAD).

The unmarried children of E-1 visa holders, provided they are under age 21, may attend a school or university in the United States without any need to apply for an F-1 student visa.

How Do You Apply for an E-1 Visa?

If the treaty trader is now in the United States in a non-immigrant lawful status, he or she may file USCIS Form I-129 to request an adjustment of status to E-1 classification.

An employer may submit Form I-129 on an employee’s behalf if that employee is in the U.S. with a non-immigrant status. Outside of the United States, to apply for the E-1 visa, you must:

  1. submit the visa application to a U.S. Embassy or Consulate
  2. complete Form DS-160 (“Nonimmigrant Visa Application”)
  3. pay the visa fee
  4. schedule an interview with a consular officer
  5. bring any required documents to that interview

An optional premium processing fee can expedite the processing of Form I-129 so that a decision about your visa application can be made within fifteen business days.

What Else Should You Know?

The E-1 visa is a non-immigrant visa issued for a temporary stay in the U.S. When you apply for an E-1 visa, you must include a statement of your intention to return home when your E-1 work ends, but you don’t need to specify the exact amount of time that you wish to remain in the U.S.

There is no direct path from an E-1 trader visa to a green card or U.S. citizenship through naturalization. You may, however, have another path to permanent residence and citizenship through a family connection or through your employer.

An Aventura E-1 visa lawyer at the Law Offices Of Carla A. Anzaldi can provide sound, personalized advice about the best way for you to acquire a green card.

Let Us Help You Apply for an E-1 Visa

At the Law Offices Of Carla A. Anzaldi, our law firm represents and advises clients in the Miami area and around the world. Our legal practice primarily focuses on business immigration and business-related immigration services.

International traders who need to obtain an E-1 visa should contact the Law Offices Of Carla A. Anzaldi – today – at 754-289-6645. Our firm represents both businesses and individual clients, and we speak Spanish and Portuguese as well as English.

An Aventura E-1 visa attorney can provide legal assistance, help you obtain the visa you need, and help you understand the terms and conditions of the visa. Every immigration process takes time, so if you’re applying for an E-1 visa, start the process as early as possible by speaking to a South Florida immigration attorney at the Law Offices Of Carla A. Anzaldi.