The treaties of commerce that the UK has with the US give British businesses fantastic opportunities across the Atlantic. Business owners and their executive or specialist staff can access an E1 visa for treaty traders, allowing companies to go to the US to conduct ‘substantial trade’.
Learn more about this visa below. You can also visit the Immigration Advice Service website or give us a call to learn about how we can help with your visa application.
What is the E1 Visa?
The E1 visa has been created to allow British nationals and citizens of other countries that share a suitable treaty of commerce with the United States to cross the Atlantic to conduct substantial international trade. The trade also needs to be primarily conducted between the UK and the US.
A range of individuals from your business can come to the US with an E1 visa. This includes the business’s main leader (the treaty trader) and its executive and supervisory staff who have authority over the entire business. Some specialists who are essential for your business operations could also be eligible.
This visa is for non-immigrants. That means it is only meant to allow stays in the US for temporary periods, so it is not a pathway to permanent residency or citizenship.
What Kind of Trade and Activities Can Be Conducted in the US?
To be eligible for the E1 visa, the trade needs to be ‘substantial’ and ‘principal’. Substantial means that there is a continuous flow of trade that involves multiple sizable transactions over a period. The US Government does not specify a required financial size for trading. Instead, officials will make a judgement on whether your trading will be large and frequent enough to justify an E1 visa.
Meanwhile, the principal trade rule does not prevent your business from trading outside of the US. However, it means that over 50% of the trade being conducted needs to be between the US and the UK.
There are a number of trading-related activities that you will be allowed to carry out in the US while holding this visa. Examples include the following:
- Exchanging goods, services, and technology.
- Negotiating and executing trade contracts.
- Conducting treaty trade-related business travel.
- Supervising operations related to the trade.
Can the E1 Visa be a Long-Term Solution for my Business?
The E1 visa has a relatively short validity period, typically five years. However, admission to the US is only granted for two years. This could cause problems for businesses hoping to establish an extended trading presence in the US.
Thankfully for UK businesses, extensions of the stay can be applied for in two-year increments. You can do this as many times as necessary. However, you will need to prove that the trade you are conducting still meets the visa’s requirements each time you extend it.
Preparing Documentary Evidence
Before coming to the US on an E1 visa, you will need to submit a successful application to show you fit the eligibility requirements. The first step is to provide evidence relating to your business. You will need to show that the applicant owns it, has executive responsibility, or a suitable level of specialisation. Trade documentation regarding your activities in the US will also be needed, with examples including:
- Purchase orders.
- Accounts receivable and payable.
- Your portfolio of clients.
- Bills of lading.
A cover letter from the business is also needed. This should explain how the business and planned activities in the US fit the requirements for the E1 visa.
Personal documentation for the applicant will also be required. Common documentation for the E1 visa includes:
- A Nonimmigrant Treaty Trader, Form DS-156E, signed by a company officer with sufficient authority.
- Form DS-160.
- Application fee payment receipt.
- A passport-style photo.
- A copy of your passport. This needs six months or more validity beyond the visa period.
Please note that the required documentation is highly dependent on the circumstances of your business. US immigration officials have the right to request further documentation as they see fit.
When is an E2 Visa More Appropriate?
The E1 visa opens up tremendous business opportunities for your UK-based operation. However, it has a number of downsides, including the inability to establish an enterprise in the USA. If that is your intention and you are coming from the UK, the E2 Treaty Investor visa may be more appropriate.
The E2 visa is built for wealthy and talented investors and entrepreneurs who want to start, develop, and run a business in the US. You will need to have at least a 50% stake in the business and be coming to the US with the sole intention of running the business.
Like the E1 visa, some of the requirements are vague. For example, you need to invest, or be in the process of investing, a substantial amount of money in the enterprise in the US. US authorities don’t specify a minimum size of the investment. You’ll need to use your application to show it is appropriate for the type of enterprise you want to start.
How Can IAS Help?
The first step towards accessing the substantial benefits on offer for UK businesses by trading in the US is obtaining an E1 visa for yourself and any leading staff members who will be joining you. Using the services of an immigration solicitor like Immigration Advice Service will make the application process far more efficient and boost your chances of success.
Call us today to be connected with an immigration lawyer experienced in helping businesses to achieve their goals in the US. Our team can guide you through the entire application process, including gathering the necessary documentation and preparing for the challenging visa interview.
The E1 visa has highly specific requirements. If you realise you are not eligible for this visa, we offer services for plenty of other US visas, such as the E2 visa, which could better fit your circumstances.
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