Teraoka & Partners LLP

E-1 TREATY TRADER VISA CLARIFICATION

VISA TYPES

The E-1 treaty trader visa allows a business person to come to the U.S. to engage in substantial trade in goods or service. If the business person is an employee of the foreign company, he or she must be serving in a capacity that is supervisory, executive or involves skills essential to the operation of the business. The trade conducted must be primarily between the United States and the treaty country where the person holds citizenship.

In order for the business person and the company to qualify for an E-1 visa, they must meet the following requirements:

The business person must be a national of the treaty country.

The business person’s company must have the nationality of the treaty country.

The company must have the nationality of the treaty country, that is, at least 50% of the company must be owned non-U.S. resident nationals of the treaty country.

The company will enter the United States to carry on substantial trade between the U.S. company and the treaty country. More than half of the trade of the U.S. business must be with that treaty country.

The trade must be already in existence at the time the E-1 visa application is submitted.

At this time, the U.S. maintains an E-1 treaty of commerce and navigation with the following countries: Argentina, Australia, Austria, Belgium, Bolivia, Brunei, Canada, Colombia, Costa Rica, Denmark (does not include Faroe Islands or Greenland), Estonia, Ethiopia, Finland, France (includes Martinique, Guadaloupe, French Guiana and Reunion), Germany, Greece, Honduras, Ireland, Israel, Italy, Japan (includes Bonin and Ryukyu Islands), Korea, Latvia, Liberia, Luxembourg, Mexico, Netherlands (includes Aruba and Netherlands Antilles), Norway (does not include Svalbard), Oman, Pakistan, Paraguay, Philippines, Spain (applies to all territories), Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Turkey, United Kingdom (applies only to British territories in Europe), and Yugoslavia (valid for new Republics that arose out of former Yugoslavia). Iran is also a treaty trader country, however the treaty is inoperative because of the Executive Order preventing trade with Iran.