E1 Visa Lawyer NYC | Feiner & Lavy Law Firm

E-1 Treaty Trader Visa is designed for nationals of Treaty Trader Countries who wish to trade with the United States (US). An Example of such trade may be the import and sale of diamonds from Israel to the US or the trade of other services or technology with the US.

In order to qualify for an E-1 Visa you must demonstrate the following:

• You are a citizen of a Treaty Trader Country,
• You are coming to work for a company which is at least 50% owned by nationals of your home country,
• Your position in the company will be as an Executive, Supervisor OR Essential Employee,
• The trade of the company with the United States is substantial,
• 51% or more of the company’s trade is between the US and your home country, and
• You intend to depart from the US when the business is completed.
• Visas are normally issued for two years with an option to extend it indefinitely, for two years at a time, as long as the company is still in business and all the above requirements are met. You may pursue a Green Card application in any other category. Your spouse and unmarried children under 21 will be entitled to an E-1 Derivative status and your spouse is also permitted work.

Visa Applications:

E-1 applications may be filed either with the appropriate USCIS OR with a US Consulate. If you are outside the US you may apply for an E-1 Visa at the US Consulate in your country of residence. If you are already in the US on a different status you may apply for a Change of Status to E-1. However, if you leave the US you will have to apply for an E-1 Visa at a US Consulate in order to be admitted again in this status. We therefore recommend that you file an E-1 Visa application at the US Consulate before you are coming to trade with the US. If you wish to come to the US in order to prepare the grounds for the Trade, for example, if you are coming to meet with other business people, to evaluate the market, to look for a space or to open a US Corporation, you may use the B-1 Business Visitor Visa for that purpose.

Extension of Stay in the US and Change of Status:

When you come to the US with an E-1 Visa, the Immigration Officer at the port of entry will usually grant you permission to stay (a Status) for the period up to the date your Visa expires. This Status may be EXTENDED or CHANGED to another status for example, to B1-B2, H, L, R, E-2, F/J/M OR Green Card.