E-1 Visa (Trader) — Opportunity for Investment and Long-Term Stay in the USA for Business Purposes Legally

The E-1 visa falls under the category of non-immigrant business visas. You can apply for it if you plan to create, expand, or strengthen your trade relations with the United States of America. It can also pertain to investments.

The E-1 visa is available for several categories of foreign nationals. These can include:

• investors;
• business owners;
• managers;
• sailors;
• leading specialists in various fields.

Thus, the USA annually increases the flow of investments and stimulates the exchange of goods and services.

In practice, this usually involves import-export operations and significant investments in U.S. companies. Regarding the turnover of a company, at least 50% must be with the country with which the contract is made. Moreover, it does not matter how large the company is. Investment is possible in both a large corporation and a small shop in the “sleeping area” of any state.

To discuss the relevance of applying for this visa category, you must be a citizen of another country and hold a special status — TNF (Treaty Foreign Nationals). This status allows for obtaining an E-1 visa, which in turn permits long-term residence and business activities in the United States.

The advantage of this visa category is that it does not require proven ties between the American and foreign companies. This can include the establishment of a completely “new business” in the USA. Accordingly, let’s summarize and consider who is eligible to apply for this visa category.

Who is Eligible for the E-1 Business Visa

The E-1 visa is available to you if you belong to the categories of:

• managers (from junior to senior levels) of companies located in the states;
• managers of companies — similarly, but within the USA;
• specialists in various fields who come to establish trade relations with the United States;
• key personnel of a company affiliated in the USA;
• managers of a branch of the parent foreign company;
• any type of personnel who came to work in a newly established company in the USA.

A key feature here is that there must be proven trade relations between the foreign country and the USA. This implies that the E-1 visa is granted to either high-level specialists or managerial employees who are authorized to make key decisions. The applicant must also demonstrate their key competencies.

Additionally, there must be a ratified treaty between your country and the USA on this matter. The absence of such a treaty automatically disqualifies you from applying for this visa. For example, there is no such treaty between Kazakhstan and the USA, so citizens of Kazakhstan cannot apply for this visa.

Duration of This Visa Category and Its Key Advantages

Since the E-1 visa is classified as a non-immigrant visa, a key requirement is also your 100% demonstrable intention to return to your home country. In this regard, it certainly differs from the L-1 and H1-B visa categories. However, the E-1 visa has clear key advantages:

it is issued for a period of no less than 5 years, even for a newly created company;

it can be renewed an unlimited number of times;

the renewal process is not particularly complicated.

Thus, one can stay in the States as long as their trade relations with the country continue, and obtaining residency is not so critical precisely because of the possibility of almost unlimited renewal of this visa category. Furthermore, U.S. immigration law allows for the consideration of permanent residency if needed in the future.

Now, we will focus on the main requirements that must be strictly followed when submitting documents for an E-1 visa.

Requirements for E-1 Visa Recipients

These requirements are key, so strict compliance is necessary for obtaining the visa. You can become the holder of an E-1 visa if you:

• hold the TFN status, or at least 50% of your firm's employees hold this status;
• the main goal upon entering the USA is to increase the company's turnover by more than 50%;
• actively conduct transactions, entering into new contracts year after year, meaning your company’s trade relations with companies in the USA only expand;
• all transactions must be documented;
• all transactions exclusively involve the exchange of goods or services, that is, they are in the realm of trade;
• are either a director or a senior manager;
• are a highly qualified specialist if you do not hold a managerial position in the foreign company;
• possess evidence of “ties to your home country” and commit to leaving the United States upon a change in your status.

And now let’s discuss the possibility of your family members accompanying you. This is 100% possible, regardless of whether your wife’s and children’s citizenship under 21 years old matches yours or your status as a key investor in the company. Children, in this case, must not be married. Family members can officially work in the USA, and children can continue their education.

As for the documentary evidence when applying for this visa category, the main “document” is the ability to invest significant sums into the development of a business in the USA by your employer if you are going to the States as an employee. As documentation, your employer can present:

• bank transfers;
• investment of specific sums;
• a well-founded business plan for the development of the company;
• accounting calculations and reports;
• economic assessments;
• availability of significant sums in an American bank account for this business;
• business development forecasts.

Why is it so important to seek help in a timely manner?

Based on the above, we can say that it is a mistake to assume that obtaining an E-1 business visa is such a simple and uncomplicated process. A visa is always partly a “lottery.” There is a lot at stake, primarily your financial and time resources.

That is why it would be unwise to receive a denial. This is quite possible if you decide to handle the matter on your own.

Therefore, qualified assistance from immigration attorneys is necessary here.

How can our company help you?

First of all, we can organize a consultation with an immigration attorney to clearly determine the visa category you need. This is extremely important, and making a mistake at this stage can lead to the complete collapse of your plan.

The second important step is the preparation and collection of a complete package of all necessary documents. Here, even the slightest carelessness must be absolutely avoided.

And the third, also very important stage, is the continued support of you, your family, and your company for as long as it takes for you to feel at home in the United States of America.