E-1 visa is a non-immigrant visa, meaning that when you are applying for an E-1 visa at a Consulate you have to show that you have a non-immigrant intent. This means that you have to demonstrate that you are not planning to come to the U.S. to remain there permanently/you are not planning to obtain a green card. The Consular officer wants to make sure that you will return to your home country at the end of your temporary visit.
For example, when you are applying for a B visa, you have to demonstrate strong ties to your home country and you generally have to show that you have a residence abroad which you do not intend to abandon.
When applying for an E-1 visa, the immigration regulations explicitly state that you do not have to keep a residence in your home country. You may sell your residence in your home country and move all your household effects to the U.S.
Usually, your unequivocal intent to depart the U.S. upon termination of E-1 status is sufficient to demonstrate that you have a non-immigrant intent. We advise our clients sign a written declaration to this effect, and bring it to the interview.
What if I have a green card application pending?
If you have a green card application pending (for example, a family member filed an immigration petition many years ago), the Consular officer could question your non-immigrant intent. You will have to satisfy the Consular officer that you will leave the U.S. at the end of your authorized stay on non-immigrant visa and you will not adjust status or remain in the U.S.
Normally, if your priority date will not be current in the next couple years, this will not be an issue for the E-1 visa. On the other hand, if you are applying for the E-1 visa in June 2020 and your priority day will be current in March next year, the Consulate Officer could question your non –immigrant intent.
Please click here to find out more about an E-1 treaty trader visa.
Please click here to find out whether the business still has to continue in your home country after you get the E-1 visa.
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