Labor Petitions – E1 Visa

The E-1 nonimmigrant classification allows a person who belongs to a country with which the United States maintains a treaty and navigation or maintains a qualified international agreement, or who has been considered a country qualified by legislation. The holder of the E-1 visa application will be admitted to the United States only to participate in international trade in a substantial way in his own name.

Certain employees of such a person or of a qualified organization may also be eligible for this classification, provided they meet the following requirements.

  • Have the same nationality as the main foreign employer (who must have the nationality of the treaty country).
  • Meet the definition of “employee” under applicable law.
  • Participate in executive or supervisory functions, or if employed in a lesser capacity, have special qualifications that make the services provided by the employee essential to the efficient operation of the treaty business enterprise.

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Traders and treaty employees may be accompanied or followed by spouses and unmarried children under 21 years of age. Their nationalities do not have to be the same as those of the merchant or treaty employee. These family members can apply for E-1 nonimmigrant classification as dependents and, if approved, will generally be granted the same period of stay as the employee / merchant.