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Understanding The E1 Nonimmigrant Visa Classification

The E-1 nonimmigrant classification allows for the nationals of treaty countries to enter the United States to engage in international trade. The 54 current treaty countries whose nationals are eligible for E-1 visas include, among others, Argentina, Australia, Austria, Canada, France, Germany, Honduras, Israel, Italy, Mexico, New Zealand, Poland, Spain, Switzerland, and the United Kingdom.

Five Things You Need to Know About E-1 Visas

The following five criteria and conditions apply to anyone wishing to apply for an E-1 Nonimmigrant Visa to enter the United States.

  1. An E-1 visa is appropriate for an individual who will be in the United States solely to carry on a trade of a substantial nature, which is international in scope, either on the visa-holder’s behalf or as an employee of a foreign person or organization engaged in international trade.
  2. An E-1 visa-holder may engage only in employment which is consistent with the terms and conditions of his or her status and the activity forming the basis for the E treaty status.
  3. An E-1 visa-holder must engage in substantial trade, which is an amount sufficient to ensure a continuous flow of international trade items between the United States and the treaty country. This continuous flow contemplates numerous transactions over time and may not be established or maintained on the basis of a single transaction, regardless of how protracted or monetarily valuable.
  4. An E-1 visa-holder may be admitted for an initial period of not more than two years, and extensions may not be granted for more than two years.
  5. The spouse and children of the E-1 visa-holder are admissible and may receive the same classification as the visa-holder. The nationality of the spouse or child does not affect eligibility.

If you are interested in applying for an E-1 visa and think you qualify, please contact us so that we may find out if you are indeed eligible for an E-1 visa or other type of entry into the United States.

Disclaimer: This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Galloway and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions.

Henry M. Weber