How does the employee/business owner qualify?

The employee or the business owner has to meet a certain set of criteria as well in order to qualify for the E-1 category:

  1. The applicant and the employer must have the nationality of the same treaty country. This means a German company, for example, can only file E-1 petitions for German citizens.
  2. Only employees in an executive or supervisory position, managers, and persons with special skills qualify for the E-1 category.
  3. The employee has to present a contract of employment with the U.S. company or the company in the treaty country, i.e. the employee has to prove that he or she is already working for the company at the time of the application.

PLEASE NOTE: It is not necessary for the employee to have been employed at the company for any minimum period of time, as is the case with the L-visa. This is just one of the E-category’s many advantages.

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