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We are here to help. Call us today: 717-836-0471

Tanner Law Offices is now accepting office consultations at the Camp Hill location. Masks are required for entry and we look forward to meeting with you to understand and advise on your situation.

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At Tanner Law Offices, LLC, we provide the legal information, answers and advice you need to reach your goals.

E-1 Visa

An E-1 visa is a nonimmigrant visa classification that is reserved for nationals of a treaty country (a country with which the United States maintains a treaty of commerce and navigation). E-1 visa holders are admitted into the United States to conduct international trade activities. In certain cases, employees of such a person or an organization that carries on international trade may also qualify for an E-1 visa. For individuals who are already in the United States and hold a different type of visa, they can file Form I-129 to change their status to E-1.

Trade is defined as “the existing international exchange of items of trade for consideration between the United States and the treaty country.” Domestic trade is not considered trade for E-1 classification purposes.

To qualify for E-1 classification, a treaty trader must:

  1. Be a national of a country with which the United States has a treaty of commerce and navigation;
  2. Carry on substantial trade; and
  3. Carry on principal trade between the United States and the treaty country which qualified the treaty trader for the E-1 visa.

The United States Department of State maintains a list of treaty countries, which can be viewed at https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html.

“Substantial trade” refers to continuous trade, involving numerous transactions of sizable items (i.e. a large number of items and/or items with a high monetary value). There is no particular minimum requirement for the size or volume of transactions, so this requirement will be examined on a case-by-case basis.

“Principal trade” between the United States and the E-1 treaty trader’s country refers to situations in which over 50% of the total volume of international trade is between the United States and the treaty trader’s country.

Treaty traders who qualify for E-1 visa classification are allowed a maximum initial stay of two years.Requests for an extension may be granted in increments of two years at a time. There is no cap on the number of extensions an E-1 visa holder may be granted.

Employees of a treaty trader may be eligible for E-1 classification if they meet the following requirements:

  1. They are the same nationality as the alien employer;
  2. The employer meets the definition of “employer”; and
  3. They are engaged in executive or supervisory duties or have special qualifications.

Family members of E-1 visa holders may also be eligible to obtain a visa as dependents. Spouses and unmarried children under the age of 21 may accompany treaty traders and employees. If the E-1 dependent visa classification is granted, family members will generally be granted visas with the same expiration date as the E-1 visa holder.

If you are in need of an attorney to help you with your E-1 visa application or you need more information regarding the E-1 visa process, the attorneys at Tanner Law Offices can assist you. Please contact our office at (717) 731-8114 to schedule a consultation to discuss your case.

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