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Key employees and principal owners of a U.S. company
that is at least 50% owned by nationals of their
country of citizenship may work for the company
in the U.S.if their country is signatory to a
trade treaty with the U.S., and more than 50%
of the company’s trade is with the U.S.
We assist companies, key employees, owners, and
their accompanying relatives in preparing the
extensive paperwork and complying with the complex
rules, regulations and definitions applicable
to the E-1 visa. We guide the parties through
decisions regarding corporate structure, key employee,
control and ownership issues, skill and salary
requirements, financial requisites, the greater
than 50% trade and “continuous and substantial”
requirements, extensions of stay, and the eventual
change from a temporary “E” visa to
another visa, as needs change over time. We represent
their interests before the INS in the U.S. and
the appropriate consulate abroad.
The E-1 visa is
outlined below.
E-1 visas are only available to citizens of countries
which have trade treaties with the U.S. The countries
with treaties currently in effect are: Argentina,
Australia, Austria, Belgium, Bolivia, Brunei,
Canada, Colombia, Costa Rica, Denmark, Estonia,
Ethiopia, Finland, France, Germany, Greece, Honduras,
Iran, Ireland, Israel, Italy, Japan, Jordan, Korea,
Latvia, Liberia, Luxembourg, Mexico, Netherlands,
Norway, Oman, Pakistan, Paraguay, Philippines,
Spain, Suriname, Sweden, Switzerland, Taiwan,
Thailand, Togo, Turkey, United Kingdom, and Yugoslavia.
E-1 Visa Privileges:
•You can work legally in the U.S. for
a U.S. company which generates more than 50%
of its business from trade between the U.S.
and your country of citizenship.
•Visas can be issued within approximately
three months.
•E-1 visas are available for the spouses
and children of E-1 visa holders. Spouses and
children may engage in study with the E-1 visa.
•You may travel freely in and out of the
U.S. for the term of the visa.
•You are not required to maintain a residence
abroad.
•The E-1 visa is not subject to any extension
limitations. After the initial grant of two
years, you may live in the U.S. with continuous
extensions, as long as you continue to satisfy
the requirements of the E-1 visa.
E-1 Visa Prerequisites
and Restrictions:
•Visas are only available to nationals
of countries which have trade treaties with
the U.S.
•You must be a principal owner or key
employee, as defined by U.S. immigration law.
•At least 50% of the company’s owners
must be citizens of the same treaty trade country,
and they must either live outside the U.S. and
be eligible for E-1 status, or live in the U.S.
with E-1 visas.
•More than 50% of the company’s
trade must be between the U.S. and the treaty
county of which you are a citizen, and the trade
must be continuous and substantial.
•You are obligated to work only for the
U.S. employer who petitioned for your E-1 visa.
•Spouses and children may not work with
an E-2 visa; they must obtain their own status
to do so.
•The E-1 visa will initially be issued
for a maximum term of two years, with an unlimited
number of two year extensions permitted.
•At the time of application, you must
intend to depart the U.S. when your business
there is completed.
CONTACT
US: jgagel@jgagel.com
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