Asian Journal- The Filipino-American Community Newspaper

UNKNOWN to many individuals, there are other types of nonimmigrant visas or status aside from H-1B that would allow them to stay and work legally in the United States . One of these nonimmigrant visas or status is that of a treaty trader (E-1) or a treaty investor (E-2).

A treaty trader is a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country.

In order to obtain approval of an E-1 application, evidence of the following must be submitted to the appropriate United States consulate abroad or to the U.S. Citizenship and Immigration Services (USCIS):

1. The applicant must be a national of a treaty country;

2. The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country. The trading firm must be an enterprise or organization at least 50% owned by persons having the nationality of the treaty country;

3. The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;

4. The trade must be principally between the United States and the treaty country, which is defined to mean that more than 50% of the international trade involved must be between the United States and the country of the applicant’s nationality. Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other; and

5. If the applicant is not the principal trader, the applicant must be employed in a super visory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify. In addition, the employee must have the same nationality as the principal alien employer.

A treaty investor is a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital.

1. The investor, either a real or corporate person, must be a national of a treaty country;

2. The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;