The E-1 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the U.S. solely to engage in trade of a substantial nature principally between the United States and the foreign national’s country of nationality. The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items of trade between the U.S. and a treaty country. Title to the trade item must pass from one treaty party to the other.
If the foreign national is inside the U.S., the I-129 is used to apply for a change of status, extension of stay, or change of employment. This classification does not require a petition for employment if the foreign national is outside of the U.S. If outside of the U.S., the foreign national applies for an E-1 visas on his or her own behalf directly to a U.S. consular office abroad.
The United States has treaties with over 40 countries which permit nationals from those countries to own or be employed in the U.S. in a business which conducts a substantial volume of trade between the U.S. and the person’s country of citizenship. An E-1 visas is available not only to those whose trade is in material goods, but also to those whose trade consists of services and technology.
Countries which have E-1 treaties with the U.S. include:
Argentina
Australia
Austria
Belgium
Bolivia
Brunei
Canada
China (Taiwan)
Colombia
Costa Rica
Denmark
Estonia
Ethiopia
Finland
France
Germany
Greece
Honduras
Iran
Ireland
Israel
Italy
Japan
Jordan
Korea
Latvia
Liberia
Luxembourg
Mexico
Netherlands
Norway
Oman
Pakistan
Philippines
Spain
Sweden
Suriname
Switzerland
Thailand
Togo
Turkey
United Kingdom
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