The treaty trader visa specifically allows (requires) the trader to own the United States business. This ownership may be as an individual proprietor, majority partner, or majority corporate shareholder. Unlike many countries, the United States does not require that a United States citizen or resident own any interest in the investment.

Once awarded, the E-1 visa status may be maintained indefinitely through continuation of qualified trading activity. Extensions can be granted by the Immigration & Naturalization Service or the United States State Department.

Because the E-1 is a nonimmigrant visa, there is no need to satisfy a quota waiting period. Applications for change of status to E-1 in the United States require only 90 to 180 days depending upon location of the Immigration and Naturalization Service office having jurisdiction over the investment.

For those traders making application abroad, the processing time may vary from two days to several months, depending upon the complexity of the application and the availability of State Department personnel.

The B-1 visa holder is typically allowed to remain in the United States for no more than six months per year. Often the visitor will receive permission to remain in the country for only a brief time, depending upon the particular business purpose at the time of entry.

The E-1 visa allows the principal trader to be actively employed in the investment enterprise. He may be paid salary and/or draw dividends or receive benefits similar to those of United States workers.

Dependent spouses and children are able to work while in dependent E-1 visa status after obtaining an Employment Authorization (EAD).

Qualified traders are entitled to request E-1 dependent status for their spouses and children. Spouses can maintain this status indefinitely, assuming that the principal trader continues to qualify and that the marriage continues in tact.

Children can retain E-1 dependent status until they reach twenty-one years of age.

In those enterprises with sufficient number of United States employees additional E-1 visas may be available for key managerial employees who are determined by the United States State Department to be necessary to the operation of the business in the United States.

The number of employee E-1 visas to be granted to employees depends on the size and complexity of the United States business. The E-1 employees must also be nationals of the same Treaty Country as the principal treaty trader.

The dependents of the key E-1 employee are entitled to derivative status as in the case of the primary E-1 trader. These dependents may remain in the United States in E-1 visa status as long as the key E-1 employee remains employed by the E-1 enterprise.

Dependents Permitted to Attend School Or College

The treaty trader and key employees may attend school on their E-1 Visa status. Their dependents are permitted to attend school or college until their twenty-first birthday without obtaining additional visas so long as they continue to qualify under the E-1 criteria. (Many colleges will allow attendance but will consider the E-1 students to be non-residents for tuition purposes.)

E-1 visa holders are free to purchase homes or other real estate while in the United States. Upon termination of E-1 status the traders are not required to liquidate these holdings. (However, loss of visa status may affect the ability to enter and remain physically present within the United States.