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.
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