Ep. 11 What is the E-1 Treat Visa?

Raw Trascript

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: In this quick video I wanted to talk about the E-1 Treaty Trader Visa. We’ve spoken many times, many videos about the E-2 investor visa but not that much about the E-1.

Well, the E-1 derives from the same treaty between the US and many countries that allows for companies that are involved in trade between the US and the foreign country to obtain a Treaty Trader Visa to be able to setup a company in the US that is engaged in trade between the US and the foreign country. It is very important to understand that to be successful with the E-1 visa we have to show that there’s already pre-existing trade between the US and the treaty country.

So for example, if you want to start a candle import/export business between one country and the US and there is no proof that such trade already existed between your entity or any other related entities is going to be very difficult to get this visa approved. The other thing that’s very important in E-1 cases is to show that the volume of trade is substantial. If you’re going to be doing this on shipment of one box every couple of months they are not going to consider it to be substantial trade. You already have to look at your individual business, understand what you do and then determine what is reasonable substantial trade.

Another important thing that we consider in E-1 visas is having sufficient funds to fund your entity. If you come to … even though it’s not investor visa but if you don’t have enough funds to run the entity in the US, to show the government that it’s going to be able to survive without the business it’s also going to be very difficult to support approval of the E-1 Treaty Trader Visa.

The E-1 Treaty Trader Visa is a very good supplement to the E-2 because there are many countries, like Israel for example, that currently do not hold E-2 visa and there are many businesses that would like to start in the US that have some sort of trade connection that could do that.

Now trade does not necessarily involve goods. We’ve done cases where there was trade in technology for example. Let’s say the patents and the idea derive from the treaty country and based on those patents manufacturing and activity happens in the US who could use the patents and the technology element of the E-1 to get the E-1 to the applicants without actual trade. It’s very important to understand the elements of the business and the law and discuss with a competent E-1 visa attorney before you file the case.

We hope that those quick tips on the E-1 help you understand this visa further and if you do have any questions feel free to email us or visit our website. Thank you so much and we’ll see you in our next videos.

Closing: Thank you for listening to the Ask My Immigration Lawyer Podcast, the show that’s dedicated to answering your immigration questions. Simple as that. See you next week for another round of questions and much needed answers.