Orange County E-1 Visa Attorney
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What Is an E-1 Visa for Treaty Traders in the U.S.?
The E-1 visa is a non-immigrant visa that allows individuals who are citizens of countries that have a treaty of commerce and navigation with the United States to enter the U.S. in order to engage in international trade – import and export of goods and services between United States and a treaty country (Treaty Countries). The trade can be in any industry, and there are no restrictions on the type of industry in which the trade must take place. To be eligible for an E-1 visa, you must be coming to the United States to engage in substantial trade, which includes a high volume of trade, a large number of transactions, or a significant amount of capital investment. Contact an Orange County E-1 Visa attorney at Evolution Tax and Legal for assistance navigating the E-1 Visa process.
How Can an Immigration Attorney Help With Obtaining Your E-1 Visa?
Hiring an attorney to help you apply for an E-1 Treaty Trader Visa can be beneficial for a number of reasons:
- A qualified Orange County E-1 Visa lawyer can help you determine if you meet the eligibility requirements for an E-1 visa.
- He or she can help you gather and prepare the necessary documentation for your visa application. This can include documents such as evidence of your citizenship, evidence of your employment with the foreign company, and evidence of the substantial trade between the United States and your home country.
- An E-1 Visa attorney can help you complete the visa application and any necessary forms accurately and thoroughly, which can increase your chances of obtaining the visa.
- He or she can help you prepare for any interviews or other required procedures as part of the visa application process.
- He or she can also provide you with advice and guidance on how to maintain your nonimmigrant status while in the United States and how to apply for permanent resident status if you are interested in doing so.
E-1 Visa Benefits
- The ability to work and live in the United States for an extended period of time. The E-1 Visa allows the individual to work and live in the United States for an indefinite period of time, as long as the individual maintains their nonimmigrant status and the underlying treaty between the United States and their home country remains in effect. E-1 Visas usually are initially granted for up to two years and it may be extended indefinitely (typically by two-year periods) so long as substantial business and trade are viable and ongoing in the United States.
- The ability to bring family members to the United States. The E-1 Visa allows the individual to bring their spouse and unmarried children (under 21 years of age) to the United States. Their nationalities need not be the same as the E-1 Visa holder. The spouse of the E-1 Visa can apply for work authorization and she or he is allowed to work in any occupation with no restrictions as to the place of employment.
- The ability to travel in and out of the United States freely. The E-1 Visa allows the individual to travel in and out of the United States freely, as long as the individual maintains their nonimmigrant status.
- The possibility of applying for permanent resident status (change of status process). Although the E-1 Visa is a nonimmigrant visa and does not lead to a green card, it is possible for the individual to apply for permanent resident status (a green card) if they meet the eligibility requirements.
E-1 Visa Requirements
To be eligible for the E-1 Visa, there are certain conditions that you must meet. The criteria for this type of visa are as follows:
- You must be coming to the United States to engage in substantial trade, which is defined as the continuous flow of international trade items, such as goods, services, and technology.
- You must be an executive, manager, or an essential employee with specialized knowledge who is essential to the successful operation of the business.
- You must be coming to the United States to work in a supervisory or executive capacity, or to possess specialized knowledge.
- If the treaty trader is a business (instead of an individual), at least 50% of the business must be owned by nationals of the treaty country in order for the business to be eligible for an E-1 visa. In addition, only employees who are nationals of the treaty country are eligible for the E-1 visa. This means that if you are a business owner and you want to bring employees from your foreign office to the United States on an E-1 visa, those employees must be citizens of the treaty country.
- You must show that you have the intention to depart the United States upon the conclusion of their temporary stay as the E-1 Visa is specifically designed for individuals who are coming to the United States to engage in international trade on behalf of a foreign company. Under the E-1 Visa, you can work and live in the United States for an extended period of time, and also bring their spouse and children to the United States to live and work, but the E-1 Visa is not a permanent residence visa. It is a temporary visa that must be renewed periodically.
E-1 Treaty Countries
According to the U.S. Department of State Bureau of Consular Affairs, the following countries have trade treaties with the U.S.:
- Argentina
- Australia
- Austria
- Belgium
- Bolivia
- Bosnia and Herzegovina
- Brunei
- Canada
- Chile
- China (Taiwan)
- Colombia
- Costa Rica
- Croatia
- Denmark
- Estonia
- Ethiopia
- Finland
- France
- Germany
- Greece
- Honduras
- Ireland
- Israel
- Italy
- Japan
- Jordan
- Korea (South)
- Kosovo
- Latvia
- Liberia
- Luxembourg
- Macedonia
- Mexico
- Montenegro
- Netherlands
- Norway
- Oman
- Pakistan
- Paraguay
- Philippines
- Poland
- Serbia
- Singapore
- Slovenia
- Spain
- Suriname
- Sweden
- Switzerland
- Thailand
- Togo
- Turkey
- United Kingdom
- Yugoslavia
E-1 Visa Application Process
The E-1 treaty trader visa application process generally involves the following steps:
- Determine if you are eligible for an E-1 visa. In order to be eligible, you must be a citizen of a country that has a treaty of commerce and navigation with the United States and you must be coming to the United States to engage in a substantial trade.
- Gather the necessary documentation. This can include documents such as evidence of your citizenship, evidence of your employment with the foreign company, and evidence of the substantial trade between the United States and your home country.
- Complete the visa application and any necessary forms. There are several forms that may be required as part of the E-1 treaty trader visa application process. These forms are lengthy forms and may vary depending on the specific circumstances of your case and the embassy or consulate where you are applying.
Some of the forms that may be required include: Form DS-160, Nonimmigrant Visa Electronic Application; Form DS-156E, Nonimmigrant Treaty Trader/Treaty Investor Application Form; Form DS-157, Supplemental Nonimmigrant Visa Application; Form I-129, Petition for a Nonimmigrant Worker. - Pay the visa application fee. The fees associated with an E-1 Visa application can vary depending on the specific circumstances of your case and the embassy or consulate where you are applying. It is recommended that you consult with an attorney and check the USCIS website for the most current fee information.
- Schedule an interview at a U.S. embassy or consulate. It is generally required that you attend an interview as part of the visa application process.
- Wait for a decision on your visa application. The processing time for an E-1 visa can vary depending on the embassy or consulate where you apply and the workload at the time of your application.
Schedule a Free Consultation With an E-1 Visa Lawyer in Orange County, CA
Visa applications are a complex process that requires experienced professionals and are a long-term relationship, and as such, it is essential to choose wisely who will guide you on this path. Evolution Tax & Legal has a complete and competent team of professionals with immigration, corporate, and taxation law backgrounds that will cover all you need to have a complete and solid case. Our Orange County E-1 Visa attorneys offer free initial consultations to establish whether you have a solid case for applying for the E-1 Visa.