E-1 Visa is for foreign nationals who wish to live in the U.S. based on international trade that exists between the U.S. and the Treaty Country. You can either apply for an E-1 treaty trader visa or your can register an E-1 company and apply for an E-1 employee visa.
I. Applying for an E-1 Treaty Trader Visa
This is a great option if you personally own at least 50% in E-1 business (if there is an E-1 company) and you want to come to the U.S. to manage the E-1 company. In such case, you would apply for an E-1 treaty trader visa. You would have to meet all the E-1 visa requirements to qualify for an E-1 treaty trader visa.
II. Registering the E-1 Company
This is basically a procedure where: (i) E-1 country nationals own at least 50% in the E-1 company, and they want to send an E-1 employee to the U.S, (ii) or it can be a situation where an individual owns at least 50% in the E-1 company but does not want to personally come to the U.S. to manage the company and wants to send another E-1 employee instead.
In these two scenarios, the E-1 company can be registered with a U.S. Consulate abroad. To register an E-1company, the company would need to meet all the E-1 visa requirements. Once the company is registered with a Consulate, the Consulate will have on record that the company meets all the E-1 visa requirements. You can either file an E-1 employee petition with the Consulate with the E-1 registration, or you can first register the company and then file the E-1 employee petition. Most Consulates have a more simple procedure for submitting employee petitions for employees of registered E-1 companies (e.g. they may only want the employee’s Resume and Letter of Employment), you would not need to re-submit all the trade documents. However, this may not be the case at all Consulates and you should check the Consulate’s website and instructions before applying.
