Treaty Trader Visa

A person coming to the United States to carry on substantial trade involving the flow of goods or services between his country and the Untied States may qualify for a Treaty Trader Visa.

An employee of a trader may quallify if he is entering the United States in an executive or managerial capacity. If he is employed in a lesser capacity, the employee must have skills essential to the efficient operation of the business.

Not all countries have a treaty of trade in commerce with the United States. We will verify for you if such a treaty exsits for your country.

As its name implies, the Treaty Trader visa is set aside for companies that trade goods. The statutes require that at least 50% of the trade take place between the United States and the country party to the treaty. For example, since there is such a treaty between the U.S. and Argentina, an Argentinean individual may set up a trading enterprise. Even after he/she acquires Treaty Trader visa, 50% of the trade must take place between the U.S. and Argentina or the E-1 visa will be lost. Finally, there is also a requirement that there be opportunities to create jobs for American workers.

The threshold amount of trade required is "substantial" trade. There is no set definition as to what constitutes substantial trade but there is some guidance. Once the company reaches a level of profitability that will sustain the salary of the E-1 beneficiary with the potential of other positions, the number of transactions is more important than the sheer volume of the transactions.

Remember:

• It will be necessary to transfer funds into a bank account in the United States.
• It will be necessary to organize a legal company in the U.S. in connection with this Visa.