Description

The E-1 nonimmigrant classification is available to foreign nationals of countries that maintain a treaty of commerce and navigation with the United States. The classification allows the holder to apply for admission to the United States to engage solely in international trade. Certain employees of E-1 visa holders or qualifying organizations may also be eligible for E classification.  

Accompanying or following dependents are required to apply for an E-1 dependent visa. E-1 spouses (not children) may also apply for work authorization which is not limited to the investment enterprise.

Individual Eligibility Criteria

• Be a national of a treaty country
• Carry on substantial trade
• Carry on principal trade between the United States and the treaty country which qualified the foreign national for E-1 classification
• Maintain the intention to depart the United States when their status expires or is terminated

Employee Eligibility Criteria

• If the principal alien employer is an organization, at least 50% must be owned by a person(s) in the United States who is a national of a treaty country and maintaining their E-1 Status.
• Be the same nationality of the principal alien employer
• Meet the definition of “employee”
• Either be engaging in duties of an executive or supervisory character or have special qualifications
• Maintain the intention to depart the United States when their status expires or is terminated

Length of Stay

The maximum initial stay on an E-1 visa is two years. Extensions may be requested in increments of two years for an unlimited period of time so long as the E-1 holder always intends to depart the U.S. when their status is terminated. An E-1 visa holder who travels abroad may be granted an automatic  two-year period of readmission when returning to the United States.

What We Do

• Provide assistance in preparing the E-1 application and evidence required
• Review applications to identify potential concerns that may affect the outcome of the application
• Provide guidance in maintaining the E-1 status
• Provide assistance to E-1 holders within the United States that wish to extend their visa, apply for a Change of Status or Adjustment of Status