Frequently Asked Questions
How long can I stay in the U.S. on an E-1 Visa?
You may stay in the U.S. on a prolonged basis with unlimited five-year visa extensions or two year status extensions as long as you maintain E-1 qualifications. You may apply for unlimited extensions as long as you are qualified for an E-1 visa.
What kind of trade is included for E-1 visas?
Trade includes commercial transactions in goods and trade in services and technology like banking, insurance, transportation, tourism, communications, data processing, advertising, accounting, design and engineering, management consulting, technology transfer and other measurable services which may be traded.
Can my spouse and children also come with me?
Yes. Treaty traders may be accompanied by their spouses and any unmarried children under the age of 21.
Must the nationality of my spouse or children’s need to be the same as mine?
No, as long as the applicant meets the requirements.
Do I have to be outside of the U.S. in order to apply? Or may I be inside of the U.S. to apply?
In order to be within the United States and apply, you must already be under an admissible status; that is to say, you must be here legally and must change status, otherwise the process is outside of the country through the American consulate.
What happens if my job has a substantive change and I am no longer doing the same type of work?
USCIS must approve any substantive change in the terms of the conditions of the E-1 status. A substantive change is defined as a “fundamental change in the employer’s basic characteristics.” This includes things such as “merger, acquisition, or other major event which affects the treat trader or employee’s previously approved relationship with the organization.”
You must file form I-129 with the fee and notify the USCIS of the changes, and that you still qualify for E-1 classification.
What is the difference between an E-1 Visa and an E-2 visa?
An E-1 visa is directly for an individual of a treaty country who either works for himself or as the employee of another solely with the intent to engage in international trade.
An E-2 visa is for any national of a treaty country who wishes to invest a substantial amount of capital in a U.S. business.
Julia ThomeAssociate AttorneyJulia Thome is an associate in the Orange County office. Ms. Thome represents both individuals and employers throughout the United States and worldwide. Ms. Thome specializes in employment visas including H-1B, L-1, O-1, TN, and investor visas including E-2 and EB-5.
Mathew HigbeeAttorney at LawMathew Higbee utilizes his unique blend of legal and professional experience to deliver success for his clients. He has handled a wide-range of cases in both criminal and civil courts. He has served as a prosecutor and defense counsel. He is a frequent commentator and guest writer for various media.
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