Attorney Jacob J. Sapochnick provides the skinny on the E-1. The Treaty Trader Visa (nonimmigrant E-1 classification) is intended for the nationals of a foreign country with which a qualifying Treaty of friendship, Commerce, navigation, or a similar agreement exists with the United States. Nationals (individuals or companies) of such countries can obtain visas to work in the USA in order to develop and direct their trade with the USA. E-1 visa is for individuals coming to the U.S. to carry on substantial trade. A person may qualify as the principal trader or as an employee of a trader company having the same nationality.
The Treaty Trader Visa (non-immigrant E-1 classification) is intended for the nationals of a foreign country with which a qualifying Treaty of friendship, Commerce, navigation, or a similar agreement exists with the United States. Nationals (individuals or companies) of such countries can obtain visas to work in the USA in order to develop and direct their trade with the USA. E-1 visa is for individuals coming to the U.S. to carry on substantial trade. A person may qualify as the principal trader or as an employee of a trader company having the same nationality. Requirements:
The alien must be a citizen of a treaty trade country, and be involved in international trade.
The applicant must be coming to the United States to carry on substantial trade or to develop and direct the operations of an enterprise that has commercial trade with the applicant’s country of nationality.
The substantial nature of trade is dependent on the volume of the trade, the number of transactions, and a continued course of trade and is not tied directly to the dollar value.
The trade must be conducted principally between the United States and the treaty country. The Parent company, or the worldwide organization of the treaty enterprise, does not have to be engaged principally in the U.S. treaty country trade. It means the U.S. enterprise must conduct more than 50 percent of its total trade volume with the treaty country.
The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items including passing of the title of the trade items between the US and a treaty country.
These types of visas are for managerial and supervisory personnel, therefore, unskilled workers and workers with ordinary skills do not usually qualify for such visas. However, other personnel who have special qualifications that make the services to be rendered essential to the efficient operation of the enterprise may also qualify for such visa.
The E-1 visa holder can be an independent trader or an agent or employee of a trader or of a trading company.
The alien is the immediate family member of a principle E-1 visa holder.
In this video Attorney Jacob J Sapochnick Esq. clarifies the differences between the EB5 Regional Center process and the individual EB5 project
The major advantage of the regional center as compared with an individual EB-5 investment is that indirect employment creation is allowable. In many cases, the sole remaining issues are tracing the funds from the investor to the regional center and proving the lawful source of the investor’s funds. This eliminates the need to deal with the many complicated issues involved in an individual EB-5 petition for which the investment enterprise has not been pre-approved, such as whether the investment entity qualifies as a “new commercial enterprise;” whether the investment is in a “troubled business;” and whether the requisite “direct employment creation” has taken place.
In addition, the regional center option is advantageous because: The foreign national can live anywhere he or she wishes in the U.S.; The foreign national can work anywhere he or she wants; or not work, as he or she pleases; The foreign national’s children may stay in the U.S. and study in the U.S.; and The foreign national can travel in and out of the U.S. as frequently as he or she desires.
Please click here to see our Power Point EB5 presentation
Immigration Lawyer Blog
