Working in the US as a Treaty Trader-The Often Unexplored Visa Pathway
Many individuals looking to do business in the US are not aware that the US allows nationals of over 130 countries in the world to live and do business in the US as “treaty traders”, under the E-1 visa category. This is because the US has entered into strategic navigation and commerce agreements with these countries which promote trade and business. As a part of this promotion of trade, nationals of these countries can come and work in the US if they carry out “substantial trade” in the United States. In fact, the US has entered into such treaties with the majority of the world’s nations, which means that business people undertaking trade in the US from most of the world’s countries have this option.
To qualify as a “Treaty Trader”, the individual (or legal entity) undertaking trade in the US must:
“Be a national of a country with which the United States maintains a treaty of commerce and navigation or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation;
Carry on substantial trade; and
Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.”
Trade can involve a number of different activities, such as:
“Goods
Services
International banking
Insurance
Transportation
Tourism
Technology and its transfer
Some news-gathering activities.”
According to United States Citizenship and Immigration Services (USCIS): “Substantial trade generally refers to an amount of trade sufficient to ensure a continuous flow of international trade items between the United States and the treaty country. The continuous flow contemplates numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. While monetary value of transactions is a relevant factor in considering substantiality, greater weight is given to more numerous exchanges of greater value. For smaller businesses, the income derived from the value of numerous transactions which is sufficient to support the treaty trader and their family is a favorable factor.”
(Source: USCIS)
Therefore, the conditions applicable to this visa category are inherently broad, which allows a broad spectrum of qualified business people to apply for this visa. This visa category also allows the employees of treaty traders to work and live in the US. That means that not only can an individual treaty trader qualify for this visa, their employees can also be eligible to work and live in the US if they meet certain conditions.
To see if your country of nationality allows you to apply for the E-1 Visa, you can view the list of treaty countries maintained by the US department of state.
Filing Process
The E-1 Visa applicant will file the form I-129 with USCIS, for adjudication on the merits of the petition. The applicant will also have to submit supporting documentation of their business interests and trade between the US and their home country. Such documentation can be extensive, and USCIS will scrutinize the applicant’s information to ensure that they are a legitimate treaty trader. Therefore, it is usually advisable to have an immigration attorney assist in the preparation of paperwork.
Benefits of the E-1 Visa
The E-1 visa grants the successful applicant a two year stay in the US, and this stay can be renewed in two year increments, for an undefined number of renewal periods. The visa allows the holder to remain in the US while conducting business and trade. The visa holder cannot become an “employee” of a US business, though they can perform work as a contractor, on behalf of themselves, as the trader, or as an employee of the trader. This contracting work must be related to their principal trade in the US however.
Thinking of Migrating to the US? Why not explore the E-1 option!
If you would like more information, or to explore your options further, do get in touch with us today at info@borderlesscounsel.com!