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This is designated under the category of temporary USA
visas. It is known as the treaty trader visa. The
Criteria for an E-1 visa application requires the foreign
company to prove that it is engaged in substantial
trade principally between the United States and the
foreign worker's country of nationality. This means
that over 50% of the total volume of trade must be conducted
between the United States and the treaty country.
For an alien to qualify for USA immigration
under this category, foreign trade to the United States
cannot fall below the 50 % requirement of total trade
volume. It advisable in such circumstances to change
status to an E-2 or another visa classification.
Trade in services for this visa category
is acceptable to qualify.
An initial issuance of the visa may
be for up to five years. If the consul is concerned
about the success of the company in the states, they
may issue a one or two year visa.
The visa can be extended indefinitely.
However, most aliens seeking to remain in the United
States can seek green card (permanent resident) status.
Evidence must be submitted to show
that the enterprise is not marginal. USA immigration
regulations require that the company submit a business
plan encompassing five year projections to show that
the business will not be marginal:
An E-1 visa can be issued to 'essential
personnel'. The following criteria are used to establish
who qualifies under this description:
The employee must be essential to
the foreign company's operations and not an ordinary
skilled worker
The foreign national must have a degree
of proven expertise in the area of specialization, unique,
specific skills and/or lengthy experience or training
with the firm
The period of training needed to perform
the duties and the salary must be commensurate with
the expertise
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