How does the company qualify?

 

In order to qualify for the E-1 visa category, a company has to meet certain criteria:

   1. The foreign company and/or the US company must be at least 50 % owned by persons having the nationality of the treaty country. A company’s nationality is determined by the nationality shared by the majority of its owners. For stock companies, the nationality is determined by the country where its stock is initially listed.

EXAMPLE: A foreign owned company with a subsidiary in the US must prove that the subsidiary is at least 50% owned by the parent company. A company does not have to have an office outside the US; a US company can qualify for the E-1 status as well, as long as more than 50% of the company is foreign owned.

   2. The trade must be between the applicant and the US. Trade in this context not only refers to goods, but also to services and technology.

   3. The trade has to be “substantial” – i.e. there has to be evidence for a continuous flow of trade between the US and the treaty country. There is no minimum requirement as to the monetary volume of the trade, however, experience shows that realistically the trade volume will have to be at $ 100,000 or more.

   4. Trade must be principally between the treaty country and the US. Principally means that at least 50% of international trade has to be conducted between the US and the treaty country.

   5. The US company has to be already in business and will preferably already be employing US citizens.