Investor visa E-1

E-1 non-immigrant visas are available to nationals of treaty countries (countries that maintain a treaty of commerce and navigation with the US). The purpose of this visa is to enable and support international trade between companies of the treaty countries and US companies. The complete list of countries can be found on the US State Department website. Countries such as Estonia, China, Colombia, Croatia, Finland, France, Israel, Japan, Korea, Serbia, Montenegro, Paraguay, Thailand, Turkey, the United Kingdom are among them. 

Who can apply for E-1 visa

E1 trader / investor visa is granted to company employees such as executives, essential employees, and senior management. It is important to note that in case of a company employee, the applicant must possess the same nationality as the principal foreign employer (who must have the nationality of a treaty country).

If the principal foreign employer is not an individual, it must be an enterprise or organization with at least 50% ownership by US residents-nationals of the treaty country. In case these owners are not US residents, they must satisfy the criteria of E1 visa.

E-1 trader / investor visa requirements

In order for an applicant to qualify for an E-1 visa, the foreign employer must be engaged in substantial trade of goods, transportation, technology or services. Examples include but are not limited to goods, services, international banking, insurance, transportation, tourism, technology and its transfer, and some news-gathering activities.

E-1 visa is granted for a period of 2 years. Prior to the visa expiration date, the visa holder shall apply for a further 2-year extension. There is no maximum limit to the number of extensions for E-1 visa.  

Spouses and children of E-1 visa holders

Spouses and children under the age of 21 y.o. receive dependent visas and are allowed to remain in the US with the principal visa holder for the duration of their dependent visa. Spouses may apply for an EAD (Employment Authorisation Document) to undertake employment in the US, and children are allowed to study.

 Application process for E1 visa

E-1 visa applications shall be submitted to US consulates or Embassy. It is strongly advised that the applicant seeks assistance of a qualified immigration lawyer as the process requires confirmation of substantial trade activities such as:

  1. Invoices
  2. Records of frequent transactions
  3. Customs clearance documents
  4. Contrast
  5. Business plan
  6. Airway bills
  7. Tax returns

Applicants must be able to provide details regarding their positions within their company and qualifications such as:

  1. Professional certifications/licenses
  2. Resume/CV
  3. Employment contract, confirming the executive or supervisory level of the applicant