An E-1 visa, also known as a treaty trader visa, allows individuals from certain countries to engage in considerable trade within the United States. Employees also may be eligible for an E-1 visa.
Although treaty trader visas are only authorized for a period of two years, these visas may be extended an infinite number of times. Therefore, an E-1 visa almost operates like a permanent visa and for that reason, these visas can be challenging to obtain.
A Bolingbrook E-1 visa lawyer could assist with all parts of the application process or work to resolve a problem or delay that arises with a visa application already in progress. Working with an experienced immigration lawyer could help you avoid mistakes and achieve success with greater efficiency.
How Treaties Affect This Type of Visa
E-1 visas are referred to as treaty trader visas because only individuals from countries in the right type of treaty or trade relationship with the U.S. are eligible. The list of applicable treaty countries changes as agreements expire or new relationships form, so it may be helpful to check with an E-1 visa in Bolingbrook to determine whether a particular country has the right standing to provide eligibility.
The treaties entered into by some countries may or may not apply to territories held or managed by those countries. For instance, the treaty with Denmark does not apply to the territory of Greenland, but the treaty with France does apply to the departments of Martinique, Guadeloupe, Reunion, and French Guiana.
Applying for an E-1 Visa
Individuals who are currently located in Bolingbrook or elsewhere in the U.S. and who have lawful nonimmigrant status may receive designation as an E-1 treaty trader by filing Form I-129 to request a change of status. This form is filed with U.S. Citizenship and Immigration Services (USCIS). Employers may file this form on behalf of employees who are already in the U.S.
For those who are outside the U.S., the process is different and is managed by the U.S. Department of State. The order of the procedure varies according to the embassy or consulate where the application is made, but the applicant will need to fill out a Form DS-160 nonimmigrant visa application, schedule and undergo an interview, provide requested documentation, and pay the visa fee.
Requirements for an E-1 Visa
A Bolingbrook E-1 visa attorney could review circumstances to determine whether an individual meets the qualifications for an E-1 visa and then assist the applicant in demonstrating eligibility. To acquire this visa, the applicant must carry on trade that is considered “substantial” by USCIS standards. Moreover, this trade must be principally between the U.S. and the treaty country of the applicant’s nationality.
For trade to be substantial, it must include numerous transactions over the course of time. The value and volume of transactions contribute toward a finding of substantiality, but there is no set minimum requirement.
Consult a Bolingbrook E-1 Visa Attorney
A treaty trader visa can open the door to many opportunities in the U.S. Spouses and unmarried children may also be eligible for a visa, as well as employees of the trader. However, it is crucial to demonstrate that a trader meets the requirements for an E-1 visa.
A knowledgeable Bolingbrook E-1 visa lawyer could help prepare a business plan and other documentation to show that the applicant carries on trade that meets the qualifications. To learn more about the specific assistance an experienced immigration lawyer could provide in your case, call today for a confidential consultation.