Which Are The E1 Visa Countries?
One of the eligibility requirements under the US E-1 visa is that the visa applicants must be a national of a country that has a treaty of commerce and navigation with the US.
This means you must be a national of one of the following E1 visa countries to be able to apply under the Treaty Trader category:
|Argentina||E-1||October 20, 1994|
|Australia||E-1||December 16, 1991|
|Austria||E-1||May 27, 1931|
|Belgium||E-1||October 3, 1963|
|Bolivia||E-1||November 09, 1862|
|Bosnia and Herzegovina||E-1||November 15, 1882|
|Brunei||E-1||July 11, 1853|
|Canada||E-1||January 1, 1993|
|Chile||E-1||January 1, 2004|
|China (Taiwan)||E-1||November 30, 1948|
|Colombia||E-1||June 10, 1848|
|Costa Rica||E-1||May 26, 1852|
|Croatia||E-1||November 15, 1882|
|Denmark||E-1||July 30, 1961|
|Estonia||E-1||May 22, 1926|
|Ethiopia||E-1||October 8, 1953|
|Finland||E-1||August 10, 1934|
|France||E-1||December 21, 1960|
|Germany||E-1||July 14, 1956|
|Greece||E-1||October 13, 1954|
|Honduras||E-1||July 19, 1928|
|Iran||E-1||June 16, 1957|
|Ireland||E-1||September 14, 1950|
|Israel||E-1||April 3, 1954|
|Italy||E-1||July 26, 1949|
|Japan||E-1||October 30, 1953|
|Jordan||E-1||December 17, 2001|
|Korea (South)||E-1||November 7, 1957|
|Kosovo||E-1||November 15, 1882|
|Latvia||E-1||July 25, 1928|
|Liberia||E-1||November 21, 1939|
|Luxembourg||E-1||March 28, 1963|
|Macedonia||E-1||November 15, 1882|
|Mexico||E-1||January 1, 1994|
|Montenegro||E-1||November 15, 1882|
|Netherlands||E-1||December 5, 1957|
|New Zealand||E1||June 10, 2019|
|Norway||E-1||January 18, 1928|
|Oman||E-1||June 11, 1960|
|Pakistan||E-1||February 12, 1961|
|Paraguay||E-1||March 07, 1860|
|Philippines||E-1||September 6, 1955|
|Poland||E-1||August 6, 1994|
|Singapore||E-1||January 1, 2004|
|Slovenia||E-1||November 15, 1882|
|Spain||E-1||April 14, 1903|
|Suriname||E-1||February 10, 1963|
|Sweden||E-1||February 20, 1992|
|Switzerland||E-1||November 08, 1855|
|Thailand||E-1||June 8, 1968|
|Togo||E-1||February 5, 1967|
|Turkey||E-1||February 15, 1933|
|United Kingdom||E-1||July 03, 1815|
|Yugoslavia||E-1||November 15, 1882|
What are the E-1 Trader requirements?
Satisfying the nationality requirement is the first of several E1 visa eligibility criteria that you will need to meet and evidence within your E1 petition.
The E1 visa requirements are that:
- You are a national an E-1 treaty country
- You carry out substantial trade activity with the US
- Your principal trade is between the US and your country of nationality
What counts as ‘trade’ and ‘substantial trade’?
The E-1 visa is aimed at individuals seeking to move to the US temporarily to further their existing trade activities within the US market. Under the E-1 visa requirements, ‘trade’ is considered as the existing exchange of goods, services or other items between the US and the E-1 treaty country of the visa applicant.
Trade could also include insurance, banking, tourism and technology.
To qualify as principal trade, the applicant must be able to show that more than half of the E1 company’s international trade is with the US.
For trade to be ‘substantial’, as required under the E1 visa criteria, the activity being relied on for the visa application should relate to a ‘continuous flow of sizable international trade items’. Generally, this should encompass multiple transactions and it is the volume of trade (not the value) and the number of transactions that will be considered under the substantial test, rather than a limited number of higher value transactions.
E-1 visa employees
The E1 classification also allows key employees within the E1 company to apply to come to the US to help further the trade-related activity
To be eligible, the employee has to:
- Hold the same nationality (ie of an E1 treaty country) as the main E1 visa applicant
- Qualify as an ‘employee’
- Hold a role within the E1 company that is of an executive or supervisory nature, or hold special qualifications that make the employee’s skills, knowledge and services essential to the company.
Note that if the E-1 employee’s sponsor is a company, and not an individual, the organization has to be at least 50% owned by individuals in the US who have the nationality of the E1 treaty country.
E-1 visa family members
E1 visa holders can be accompanied by their spouse and dependent children (unmarried and under 21 years of age).
This requires the family members to file a petition each as a dependant of the principal E1 visa holder.
E1 dependents do not need to hold the same nationality as the principal E1 visa holder (unlike E1 employees).
If successful in their application, the period of stay granted to E1 visa dependents is generally the same as that of the principal visa holder. E1 dependents will also be able to apply to extend their stay, where they meet the requirements.
E1 visa spouses can also apply for work authorization while in the US. With an EAD, they will not be limited in the type of work they can take on. This is unlike the principal E1 visa holder and E1 employees, who must work for the E1 company.
Other points to note about the E1 visa
E1 visa holders can stay in the US for up to two years. During this time, they can usually leave and re-enter the US without restriction, provided they are returning to the US to for purposes permitted by and relating to the E-1 category and there are no other concerns by the border officials.
At the two-year period, visa holders will either have to leave the US or apply to maintain lawful status by exending their visa. E1 visa extensions can be granted for up to two years, and there is no limit on the number of times an E1 visa holder can apply to extend their visa, provided they continue to meet the visa requirements. This means E1 visa holders can only stay in the US while they remain active with the qualifying trade activity.
Do you have a question about the E-1 Trader visa? NNU can help!
The E-1 trader visa offers many advantages for those seeking to grow existing trade activity with the US. The E-1 eligibility criteria are however strict, and the petitioning process is far from straight forward.
As specialists in US immigration, NNU’s London-based attorneys can guide you through the E-1 requirements and application process. Under current US immigration policy, visa applications are facing increasing scrutiny by adjudicators. Taking expert advice will help ensure you compile a robust application and avoid evidentiary or process issues which can result in a delayed or even refused application.
Contact us for guidance on your specific circumstances.
This article does not constitute direct legal advice and is for informational purposes only.