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.
To qualify 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 under the applicable regulations.
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.
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.