Treaty traders and their employees may apply for visas to carry on substantial trade between the United States and their home country, if their country of citizenship has the required treaty with the United States. The E1 treaty trader classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the U.S. solely to engage in trade of a substantial nature principally between the United States and the alien's country of nationality. The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items of trade between the U.S. and a treaty country. Title to the trade item must pass from one treaty party to the other. If the alien is inside the U.S., he or she may apply for a change of status, extension of stay, or change of employment. This classification does not require a petition for employment if the alien is outside of the U.S. Instead, the alien applies for an E1 visa on his or her own behalf directly to a U.S. consular office abroad.
The E1 visa application must be filed with evidence that:
Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. Family members may be students in the U.S. while remaining in E-1 dependent status and spouses may apply for work authorization with the Bureau of Citizenship and Immigration Services (USCIS).
Holders of E visas may reside in the United States as long as they continue to maintain their status with the trade between their home country and the United States.
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