E1 Visa Introduction:
The United States (USA) has various treaties of commerce and navigation with various other countries. In case the nationals of these countries visit the USA to carry on substantial trade, then this person is given a non-immigrant visa status by the Immigration and Nationality Act.
How to Apply E1 Visa:
You need to apply with the US Embassy or Consulate that has jurisdiction over your area of permanent residence. The following forms and procedures form part of their process:
- You have to complete and sign the application Form DS-156E.
- You have to possess a valid passport that has a validity of at least six months after the period you intend to stay in USA.
- You must submit one photograph.
- You have to complete and submit the form DS-157.
- You will most probably have to undergo an interview at the embassy consular section. At this time, an ink-free, digital fingerprint scan will be taken.
Eligibility for E1 Visa:
While applying for E1 Visa, you should first show that the trading or investment enterprise has satisfied all the legal requirements. Next you have to show and prove the following:
- You are a national of the treaty country.
- The trading firm you represent must also be a national of the treaty country.
- There must be a sizeable, adequate and continuous international trade.
- There must be trade involved, i.e. an exchange of goods, services and technology in which the title of the items passes.
- You have to be employed in a supervisory or executive capacity. If you are ordinary skilled or unskilled worker, you do not qualify for this visa.
Length of Stay and Extension For E1 Visa Holders:
The holder of this E1 visa can stay in the USA only as long as he/she holds his/her status with the firm they represent. You have to depart from America before the date authorised on your E1 visa or you will be out-of-status.
E1 Visa Holders Whether Qualified to Apply for other Visas & Citizenships:
The spouse and young unmarried children (below 21 years of age) can receive derivative visas to accompany the principal E1 Visa or Treaty Trader Visa holder. The spouse can apply to the DHS to authorise the E1 visa for employment purposes. However, the dependent children are not authorised to be under employment in the USA.
In which case your E1 Visa Applications will be Rejected:
In the following situations, your E1 Visa Application will be rejected:
- If you have wilfully misrepresented facts or committed fraud to obtain a E1 visa.
- If you belong to the class of persons mentioned in The Non-immigrant Visa Applications, Form DS-156 as persons who are ineligible under U.S. law to receive visas. However, if you can be properly classified as a treaty trader or treaty investor, you can apply for a waiver of ineligibility. If this is approved, you can get a E1 visa.
Conclusion on E1 Visa:
Any queries as to whether you can be classified in this category and about the E1 visa procedures involved must be addressed to the American Consular office where you wish to apply. |