E1 Visa Tips: International Trade Must Be Principally with the U.S.

By Isaul VERDIN, VERDIN Founder and Managing Attorney |

E1 Visas and U.S. Trade Requirements

International business owners that are interested in expanding their trade with the U.S. should consider the E1 visa.

An E1 Visa allows business owners to live in the U.S. to conduct business in the import and export of goods or services.

A Main Requirement of the E1 Visa

The E1 visa applicant must establish that his or her company’s international trade is principally between the U.S. and the applicant’s home country.

What does principally trading with the U.S. mean?

Principally trading with the U.S. means that over 50% of the company’s international trade is between the U.S. and the home country.

However, it is important to note that the regulations only require that 50% of the company’s international trade be with the U.S. The regulations do not require that 50% of all of the company’s entire trade be between the U.S. and the home country.

Visa – Example Company

For example, if the company conducts 80% of its trade at the domestic level, and 20% of its trading is done internationally – then the company would satisfy the trade requirement with only over 10% of its total trade with the U.S.

Why? Because that amount would be over 50% of the company total international trade.

E1 Visa Questions?

VERDIN lawyers are prepared to advise E1 visa applicants as they search for opportunities in the U.S.

For more information and E1 visa assistance, please call VERDIN at 214-741-1700.

What is an E1 Visa?

From USCIS, E-1 Treaty Traders

The E-1 non-immigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf.

Certain employees of such a person or of a qualifying organization may also be eligible for this classification. (For dependent family members, see “Family of E-1 Treaty Traders and Employees” below.)

See U.S. Department of State’s Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

General Qualifications of an E-1 Treaty Trader

To qualify for E-1 classification, the treaty trader must:

• Be a national of a country with which the United States maintains a treaty of commerce and navigation
• Carry on substantial trade
• Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.

Trade is the existing international exchange of items of trade for consideration between the United States and the treaty country. Items of trade include but are not limited to:

• Goods
• Services
• International banking
• Insurance
• Transportation
• Tourism
• Technology and its transfer
• Some news-gathering activities.

Substantial trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. While monetary value of transactions is an important factor in considering substantiality, greater weight is given to more numerous exchanges of greater value. See 8 CFR 214.2(e)(10) for further details.

Principal trade between the United States and the treaty country exists when over 50% of the total volume of international trade is between the U.S. and the trader’s treaty country. See 8 CFR 214.2(e)(11).

VERDIN E Visa Business Solutions

VERDIN’s business and investor group provides help to clients wanting to establish and/or expand their business operations in the United States. We have helped clients in multiple industries to include: international trade, real estate, restaurants and hospitality, technology, beauty and fashion, retail and services.

VERDIN represents clients in business planning and E visa matters involving real estate ventures, technology start-ups, business acquisitions, or new business formations.

Our team is especially focused on forming a strategic relationship with our clients to aid them to succeed in the early planning stages. Many of our clients retain us at early stage planning to maximize opportunities for success.

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E1 Visa, E2 Visa or Immigration Questions? Please Contact VERDIN Law

Isaul VERDIN has extensive experience advising multinational companies and entrepreneurs on complex US immigration matters involving investments.

Mr. VERDIN focuses on advising companies on structuring entities, acquisitions, and strategic expansion to satisfy US immigration E-1, E2, L1A, L1B, or EB-1 objectives in a variety of fields; including real estate, aviation, technology, manufacturing, retail, luxury goods, and professional services. Additionally, he litigates deportation defense matters throughout the US.

VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.

“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 17 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul VERDIN, Founder and Managing Attorney

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