Application for an E1 can be processed either from within the US through USCIS or from outside the US through a US Consulate.
If you are outside the US, you will have to apply for an E1 visa at a consulate or embassy abroad. Please be aware that different consulates have different requirements on the types of documentation required and how the documentation is to be organized and presented. Make sure to check the consulate website to ensure your paperwork is submitted correctly. Additionally, please be aware that most consulates do not accept third country nationals and you may likely need to go through your national country’s consulate.
Once all of the necessary documentation is assembled, your attorney will complete the Form DS-160 on your behalf. The Form DS-160: Form DS-160 is the Online Nonimmigrant Visa Application. The information on this document helps consular officers determine if you are eligible for a nonimmigrant visa, such as the E1 visa.
You also need to submit a Form DS-165E. The Form DS-165E is the Nonimmigrant Treaty Trader/Investor Application. In this form, you provide information about the company and yourself. This document also helps consular officers determine if you should be granted an E1 visa.
At the appropriate time, you will then schedule a personal interview with consular officer. Your attorney should prepare you for what to expect at the visa interview.
At the interview, you may be asked various questions about your E1 business, your personal background, immigration plans, etc. Following successful completion of the interview, you should have the E1 visa stamped into your passport within a few days.
With the E1 visa, you will be able to enter the United States based on the terms of the visa. Upon entry to the U.S., you will receive E1 status.
If you are inside the United States in a valid non-immigrant status, and have maintained continuous nonimmigrant status, you may be eligible to request a change of status to E1 status. This is done by filing a change of status petition with USCIS.
To file a change of status, you should work closely with an experienced immigration lawyer. Your immigration lawyer will work with you to compile all of the necessary documentation required to process the change of status request.
Your lawyer will also complete the Form I-129 on your behalf. The Form I-129 is the Petition for a Nonimmigrant Worker. You must also complete the E-supplement of this form.
In addition, you may wish to file out Form I-907. The Form I-907 is a Request for Premium Processing Services. This document can be filed to request faster processing of your application.
Once all of the documents are compiled and the forms are completed, your attorney will submit the completed application to USCIS, along with a copy of biographic page of passport and a copy of your I-94 card.
Upon approval of your change of status, you will receive E1 status. This is not a visa. Through the approved change of status, you will receive a new I-94 reflecting your new E1 status and the date through which your status is valid.
The entire change of status process takes place from within the U.S.
Applying for an E1 visa is a multistep process. The following will explain the process of applying and documents requirement for an E1 visa.
Personal Documents for E1 treaty Trader
- Passport or copy of biographic page of passport
- Passport or copy of biographic page of family passport
- Copy of employee’s resume. The resume should contain specific start/end dates of employment (month/year to month/year) and detailed description of job duties with current and prior employers.
- A detailed but concise description of employee’s proposed job duties in the US.
- Proof of current employment with Affiliate Company
- Copies of academic records
- Copies of any professional certifications or licenses
- Evidence you meet the conditions to be eligible for E1 status;
- Information about the business, such as what business they conduct, what their scope of business is, and who owns the business.
- Evidence you intend to leave following the termination of E1 status.
US Company Support Statement:
The US Company support statement comes from your US employer and explains why your services are necessary for the enterprise’s activities;
- US Company Legal & Registration Documents
- Proof of US company’s ownership
- Copy of US office lease agreement
- Evidence of Trade of Products or Services
Documents showing substantial trade
- Although startup companies may not have extensive US trade, US law requires that trading with the US cannot be purely prospective. There must be some preexisting trade. To document this we would need either:
- Sample bills of lading and packing lists showing shipments between the treaty country and the US, OR
- Executed contracts for purchase of goods to be imported to or exported from the US
- We also have to show that title passes to the US company. To show this we need invoices from foreign exporters/shipper and proof of payment of invoices (ie, wire transfers).
- A list of all US import and export shipments for the last 1 year, including vendor name, date of shipment, value of shipment, port of entry, and shipment destination. This is required to show that over 50% of company’s international trade is b/w the treaty country and the US
Conclusion
The E1 visa is a special visa for businesspeople from certain treaty countries. The E1 visa allows to work in the US and carry out substantial trade between individuals and firms in the United States and the country of which they are a citizen or national. You should now have a much stronger understanding of the various aspects of the E1 visa, including the E1 visa benefits, the E1 visa requirements, and the E1 visa process.