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To qualify for an E-1 trader visa, a foreign business person must be seeking entry into the United States to carry on "substantial trade in goods or services in a capacity that is supervisory or executive or involves essential skills." E-1 visas were previously restricted to a trade of goods and specific services, including banking, finance, and the airline industry. This limited definition of services has been greatly expanded under NAFTA so that trade can be in goods or services without specification or restriction:
The term "trade" means the exchange, purchase, or sale of goods and/or services. Goods are tangible commodities or merchandise having intrinsic value. Services are economic activities whose outputs are other than tangible goods. Such service activities include but are not limited to banking, insurance, transportation, communications and date processing, advertising, accounting, design and engineering, management consulting, tourism, and technology transfer
As a TFN, you may be issued a treaty trader (E-1) nonimmigrant visa if all of the following requirements are met:
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You or your firm is a TFN (at least 50% of the company stock is owned by TFNs)
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You enter the United States to carry on substantial trade (more than 50%) between your U.S. business and a TFN country; it does not matter if your TFN company is engaged primarily in trade with countries other than the United States
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The trade is already in existence at the time you apply for E-1 status
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You engage in executive or managerial duties or possess special skills that make your services essential to the employer's operations
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You confirm you will leave the United States upon termination of this status
Countries with Treaties for E-1 Visas:
Argentina, Aruba, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Gibraltar, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Netherlands Antilles, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia Montenegra, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia, Wallis & Futura Islands, Western Sahara. |
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