What is the E-1 visa?
The E-1 visa is a special trade visa from the United States based on a bilateral agreement between the USA and certain contracting states. For German applicants, the 1956 Treaty of Amity, Commerce and Navigation forms the legal basis. The visa is aimed at people who carry out significant trade between their own country of origin and the USA – either as self-employed persons or as employees of a corresponding company.
Compared to other US visa categories, the E-1 visa offers a significant advantage: it can theoretically be extended indefinitely. Although in practice it must be renewed every two to five years, unlike the L visa, for example, which expires after seven years at the latest and can be subject to a one-year ban, the E-1 visa can be extended as often as required. However, the prerequisite for this is that the underlying conditions remain permanently fulfilled.
What type of trade is required?
The basic requirement for an E-1 visa is that there is already active trade between the applicant’s home country – such as Germany – and the USA. The term „
The decisive factor is that the trade takes place directly between the two countries and is not conducted via third countries. In addition, the exchange must be „substantial“. This does not necessarily mean extremely high turnover, rather it depends on the
It is also important to note that the trade must already exist. Anyone who is only planning to set up a company in the USA in order to trade in the future is better advised to apply for an E-2 visa (investor visa). An E-1 visa is not an option in this case.
Company requirements for the E-1 visa
A company that is to serve as the basis for an E-1 visa must be at least half-owned by nationals of the respective contracting country. For German applicants, this means that at least 50 percent of the US company they wish to work for must be owned by German citizens.
Particular caution is required here if German shareholders are also holders of a US green card. This is because, in the context of the e-visa, green card holders are no longer considered „German“ citizens, but rather as legally belonging to the US, meaning that their share in the company does not contribute to the German majority shareholding.
This can lead to problems, especially for larger or internationally structured companies. If the shareholder structure changes over time and
These requirements also apply to applicants from other countries with an E-1 agreement, such as Austria or Switzerland.
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Requirements for the applicant
The E-1 visa is only available to citizens of countries that have concluded a corresponding trade agreement with the USA. This requirement is fulfilled for Germany, Austria and Switzerland.
Company owners, executives and employees with special company-related knowledge are eligible to apply. The latter refers in particular to product knowledge or technical know-how that is essential for trade between the USA and the contracting state. Purely administrative activities or positions that could be filled by US citizens without special qualifications are generally not sufficient to justify an E-1 visa. The decisive factor is always the specific connection between the applicant, the company and the trade conducted with the USA.
Procedure and duration of the application
The application for an E-1 visa is made through the US Consulate in Frankfurt. The process requires careful and comprehensive preparation. In addition to the official forms, applicants must submit a complete application package , including a well-founded business plan or, if the company is already operational, current tax documents.
The business plan should not only document the existing trade, but also contain a forecast for future business development – including a profit and loss forecast for five years. It must be explained in detail that there is already active trade with the USA, how this is expected to develop and that the majority of this trade – also in the future – will take place directly between the contracting state (e.g. Germany) and the USA. Percentage information is expressly required here. In addition, the consulate requires detailed information on the applicant itself, the company, possible customer relationships and – if available – the parent company in Germany.
The documents are sent both digitally by e-mail and by post. After review by the consulate, an interview appointment is arranged at which the applicant must appear in person. Accompanying family members – with the exception of children under the age of 14 – are usually also invited to attend. The processing time is usually eight to twelve weeks.
Family reunification with the E-1 visa
Another advantage of the E-1 visa is the possibility of bringing the immediate family with you to the USA. Spouses and unmarried children under the age of 21 can enter the country together with the main applicant. They must also fill out certain forms, but do not have to fulfill any business requirements of their own.
The children may attend a school or university there without the need for a separate visa for educational purposes. The spouse is generally entitled to pursue gainful employment in the USA. In practice, however, it is advisable to apply for a so-called „Employment Authorization“ in addition to the visa. There is currently disagreement between the USCIS immigration authorities and the Social Security Administration as to whether a separate work permit is required. To be on the safe side, form I-765 should be submitted after entry. No work may be taken up until it has been issued – patience and careful planning are required here. For some time now, the work permit can also be obtained from the so-called Form I-94, which can (and should) be downloaded from the Internet after entry. If the I-94 of the accompanying spouse contains an „S“ in the visa category (i.e. „E-1S“), a separate Employment Authorization is no longer necessary. However, not all border posts have this option.
Our support with your visa application
Applying for an E-1 visa not only requires experience in dealing with US authorities, but also a precise understanding of the economic and legal requirements. We support you in going through all the necessary steps in a legally compliant and efficient manner.
We check whether you meet the requirements for an E-1 visa, advise you on alternative options such as the E-2 visa and support you in drawing up your business plan. We are also at your side when dealing with the US consulate and when you have questions about family members.
Please feel free to make an appointment – by phone or e-mail. Our experts will help you reliably.
