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E-1 Treaty Trader Classification

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There are different routes to take to obtain an E-1 Treaty Trader status. An applicant must apply through appropriate channel based on where they are at the time of application. If the treaty trader is in the United States under a lawful non-immigrant status, he or she may file Form I-129 to request a change of status in the U.S. If such trader is outside of the U.S., then he or she should apply at a U.S. Embassy or Consulate. Although they can apply at ANY U.S. Embassy or Consulate, they are strongly recommended to apply at one that has jurisdiction over their country of residence. Followings are some basic questions an interested foreign trader must understand when applying for an E-1 status:

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1.      Who may file for change of status to E-1 Classification?
2.      How to obtain E-1 Classification if outside the United States?
3.      What are the general qualifications of a treaty trader?
4.      What are the general qualifications of an employee of treaty trader?
5.      How long can a treaty trader or employee stay in the U.S.?
6.      What happens to the family members of a treaty trader or employee?
7.      What are the rights of a treaty trader and his or her family members?

The most important question of all is that whether you have the qualification to apply for E-1. To qualify you must (1) be a national of a country with which the United States maintains a treaty of commerce and navigation; (2) Carry on substantial trade; (3) Carry on principal trade between the United States and the treaty country from which the treaty trader is from.

If you think you satisfy these basic requirements and are interested in applying for the E-1, please feel free to set up a consultation with immigration attorney Mr. Jimmy Namgyal. We focus our legal services on immigration law and we will be more than happy to work with you. Contact Us.

Definitions

  • Substantial trade: Continuous flow of sizable items, numerous transactions over time. There is no minimum requirement on monetary value or volume of each transaction.
  • Principal trade: Principal Trade exists when over 50% of the total volume of international trade is between the U.S. and the trader’s treaty country. (8 CFR 214.2(e)(11)).

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