The E-1 Treaty Trader classification is a temporary, non-immigrant visa that allows a national of a treaty country to be admitted to the United States for the purpose of establishing an enterprise to engage in international trade.
A 'treaty country' is a country with which the United States maintains a treaty of commerce and navigation. Note that not all countries fall into this category and a national of a country not considered a treaty country will not be permitted to apply for E-1 Treaty Trader status. A current list of treaty countries can be found here.
Qualifications for E-1 Treaty Trader Status
To qualify for E-1 Treaty Trader status, the applicant must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation,
- Carry on substantial trade,
- Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 status.
'Substantial trade' is defined s the continuous flow of sizable international trade items involving numerous transactions over time. There is no minimum requirements regarding the monetary value or volume of each transaction. The greatest weight in determining E-1 classification is how many transactions occur of some significant value over a certain period of time. More transactions of significant value will generally have a better chance of qualifying than fewer, higher value transactions.
Principal trade between the United States and the treaty country exists when over 50% of the total volume of international trade is between the United States and the applicant's treaty country.
Items that would qualify as 'trade' include but are not limited to the following:
- Goods
- Services
- International banking
- Insurance
- Transportation
- Tourism
- Technology and its transfer
- Some news-gathering activities
We strongly suggest that you contact our office if you have an idea for a trade activity not listed above. Our attorneys can assist you in determining whether your activity will qualify for E-1 Treaty Trader status.
E-1 Treaty Trader Employees
In some cases, employees of an E-1 Treat Trader may accompany their employer to the United States. To qualify for E-1 status, the employee must:
- Be the same nationality as the principal E-1 employer,
- Meet the definition of an 'employee' under the relevant law,
- Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
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The Law Offices of Daria S. Brovchenko are located in San Diego, CA. We represent clients throughout Southern California including, San Diego, Los Angeles, Poway, Vista, Chula Vista, El Cajon, Coronado, La Jolla, Pacific Beach, Oceanside, Carlsbad, Encinitas, Escondido, Rancho Bernardo, Del Mar, Solana Beach, Scripps Ranch, La Mesa, Lakeside, Eastlake, Bonita, Anaheim, Santa Ana, Newport Beach, San Diego County, Orange County and Riverside County. We also represent clients globally, including Russia, China, Italy, Japan, Brazil and Mexico.