E-1 Visa Lawyer

E-1 Employee Visa Lawyer

Whether you’re a business owner, manager, or a specialized employee engaged in international trade, navigating the intricate process of obtaining an E-1 Employee Visa can seem daunting. This visa, specifically designed for individuals and employees who conduct significant trade between their home country and the United States, is a vital tool in global business operations. Securing an E1 Visa with the help of an experienced lawyer can ensure the continuation of your trade activities without interruptions, thereby bolstering your business’s global presence and ability to thrive in the international market.

e1 visa employee treaty trader

Understanding the E-1 Visa

What is the E-1 Visa?

The E-1 Visa, commonly known as the Treaty Trader Visa, is a non-immigrant visa that allows foreign nationals from a treaty nation (a qualifying treaty country with which the U.S. maintains a treaty of commerce and navigation) to enter the U.S. for the purpose of engaging in substantial domestic trade and international exchange.

The trade may involve a wide variety of goods, services, and technologies, including banking, insurance, transportation, tourism, and technology development, among others. Importantly, the principal treaty trader, who is the individual leading the trade activities, must be a national of the treaty nation, and the trade must be principally between the U.S. and the treaty nation.

Who qualifies for an E-1 Visa?

To qualify for an E-1 Visa, the applicant needs to meet the following criteria:

  1. The applicant must be a national of a treaty trader country; i.e a country with which the United States maintains a treaty of commerce and navigation.
  2. The trading firm or business entity for which the applicant is coming to the U.S. must have the nationality of the treaty country.
  3. The international trade must be substantial, meaning that there is a sizable and continuous volume of trade.
  4. The trade must be principally between the U.S. and the treaty country, meaning more than 50% of the international trade involved must be between the U.S. and the country of the applicant’s nationality.
  5. The applicant must be employed in a supervisory or executive role, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled and unskilled workers do not qualify.

treaty trader e1 workers

What are the Benefits of an E-1 Visa?

An E-1 Visa has many advantages, including:

  • The ability to live and work in the U.S. while engaging in international trade.
  • Family members of the foreign national trader can come with him or her under an associated E-1 visa as dependents.
  • Spouses of E-1 visa holders are eligible for work authorization, allowing them to work in any job they wish while living in the U.S.
  • An E-1 visa is usually approved for an initial period of two years, but can be renewed indefinitely as long as the trader continues to meet all requirements.
  • The E-1 Visa allows for easy travel outside of the U.S., as long as the trader is still meeting the requirements for an E1 visa.

How to Apply for an E-1 Visa?

To apply for an E1 Visa, the applicant must first complete the online visa application form, DS-160. Afterward, they need to schedule an interview with the U.S. Embassy or Consulate in their home country. The applicant must bring several documents to the interview, including their passport, the DS-160 confirmation page, application fee payment receipt, photo, and evidence of the treaty trader qualifications such as proof of substantial trade and nationality of the treaty country. If the consular officer determines that the applicant is eligible for the E-1 visa, the visa will be approved and issued. It’s important to note that each case is unique, and additional documents may be requested by the consular officer.

treaty trader visa E1

What Are The Benefits of Hiring an E-1 Visa Lawyer?

Hiring an E-1 Visa lawyer comes with a range of benefits that can greatly enhance your chances of successfully obtaining a visa.

  1. Expertise in the Field: Navigating the legalities of visa applications can be complex. An E-1 Visa lawyer possesses thorough knowledge and understanding of immigration law and the E-1 Visa process. They can guide you through the intricacies of the application, ensuring that all details are handled correctly.
  2. Professional Assistance in Visa Application Process: The visa application process is quite extensive and requires careful attention to detail. An E-1 Visa lawyer can help gather the necessary documentation, fill out the application forms accurately, and ensure timely submission.
  3. Translating the Legal Jargon: Legal documents are often filled with complex terminologies and jargon that may be difficult for a layperson to understand. An E-1 Visa lawyer can translate these legal terms into simple language, making sure you fully understand every aspect of your application.
  4. Dealing with Potential Issues or Setbacks: If any issues arise during the visa application process such as a denial or request for additional evidence, an E-1 Visa lawyer can provide expert advice and strategic solutions to overcome these obstacles. They can also help appeal a visa denial, if necessary. Having a professional by your side can greatly improve your chances of success.

What is the Process of Obtaining an E1 Visa?

  1. Initial Consultation
  2. Document Preparation
  3. Submission of Application
  4. Follow-up and Approval

an E1 visa lawyer discusses immigration law with a client

FAQ’s About the E-1 Visa

Can an E-1 Visa holder bring their family to the US?

Yes, spouses and minor children of treaty traders are allowed to accompany the applicant. They may also obtain work authorization in the US.

How long is an E-1 Visa valid for?

E-1 Visas are generally issued for a period of two years. The visa can be renewed indefinitely as long as the applicant continues to meet the qualifications and maintain their visa status.

Are there any restrictions on the type of trade activities an E-1 Visa holder can engage in?

Yes, only commercial activities defined as “trade” under a treaty between the US and the applicant’s home country are allowed. This includes, but is not limited to, banking, finance, transportation, tourism, technology development, and insurance services.

Can an E-1 Visa holder apply for permanent residence?

It is important to note that an E-1 Visa does not automatically lead to residency or citizenship in the US. The applicant must qualify under one of the residency categories and go through the process of applying for a green card, which has its own set of requirements and restrictions.

Is it necessary to hire a lawyer for the E-1 Visa application?

Hiring an E-1 Visa lawyer is not mandatory, however their expertise and guidance can be invaluable during the visa application process. An experienced attorney can help navigate the complexities of the application and ensure that all details are handled correctly. This can significantly increase your chances of successful visa approval.

Is the E-1 Visa renewable?

Yes, the E-1 Visa can be renewed indefinitely as long as the applicant continues to meet the qualifications and maintain their visa status. Spouses and minor children of E-1 Visa holders are also eligible for renewal. It is important to note that there may be additional documents or evidence required when applying for a renewal, such as proof of employment or business activities in the US.

Are There Other Types of Visas That Allow Trading in the US?

Yes, there are other types of visas that allow trading activities in the US. The E-2 Visa is available to individuals from treaty countries who make a substantial investment in a U.S. enterprise and plan to manage or oversee the investment. The L-1 Visa is available to individuals who are employed by a multinational company outside of the US and who wish to work in one of its branches in the US. Finally, the H-1B visa is available to foreign workers for professional positions requiring specialized knowledge and skills. Each type of visa has its own set of requirements, so it’s important to understand the distinctions in order to determine which one is most suitable for you.

What Steps Should I Take if My Application is Denied?

If your E-1 visa application is denied, you may request a review by filing an administrative appeal or motion with the agency that denied your application. If this does not resolve the issue, you may need to file a lawsuit in federal court. It is important to note that these appeals and motions must be filed within the time period specified by the agency, so it is best to contact an experienced immigration attorney who can guide you through this process.

American flags over a government pamphlet explaining the USCIS filing fee

Which Countries Are Treaty Countries With the US?

The US has reciprocal trade treaties with the following countries that allow for E-1 visas:





China (Taiwan)


Costa Rica
























United Kingdom


Please note that this list of treaty countries is subject to change and additional countries may be added. For the most up to date information, consult the US Department of State website.

Your Trusted Immigration Lawyers

At Bashyam Global LLP, we understand how complex the immigration process can be and how crucial obtaining an E-1 Visa is to you and your business. We are committed to providing expert legal guidance to simplify this process, increasing your chances of successful visa approval. We encourage you to reach out to us with any questions or concerns regarding your E-1 Visa application. Our experienced team is ready to assist you every step of the way. Please contact us online or call us at 919-833-0840 today for a consultation.

Hear it from our clients

"It has been over 20 years when I met the first time with Mr. Spiro in his small downtown Raleigh office, not having even heard the term E-2 before. As a Swiss guy I knew what I wanted: purchasing a small flight school in NC, but I did not know what questions to ask, and not imagining what the answers would be. I was surprised to hear about the requirements and conditions to go into this risky adventure, spending all my savings. So, I left the office with more worries than I had before. However, at that point the comprehensive support of the immigration law firm appeared. I received clear instructions and guidance which documents to prepare, and how. The rest was in the hands of professionals, working efficiently, effective and for a very reasonable fee. Since that time I am a satisfied customer, enjoying the personal care and trust Murali Bashyam is offering. Every four years we submit a new package to the government to renew my E-2 privilege. As my companies have grown, the process has become more complex, also realizing how critical a successful result is. With the assistance of Murali and his team I never had any concerns. I consider the business relationship with Bashyam Global LLP my best investment I have made for my companies!"

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