• Maria Cordon

E-1 Visa. #Trade, #Substantial, #Nationality.

Updated: May 21, 2018

There are two types of visas: immigrant and non-immigrant. Non-immigrant visas are obtained outside the United States, at a consulate or embassy. An applicant inside the U.S. with an unexpired I-94 can request a change or extension of status.

Certain countries enter into Friendship, Trade and Navigation Treaties and Bilateral Treaties with the United States. Some of these treaties include immigration benefits for people with that citizenship. The list of countries changes according to diplomatic ties but there are some countries like Colombia, Macedonia, and Costa Rica that have treaties with the United States that date back to the 1800s. Individuals and companies whose owners have Honduran or Costa Rican citizenship, (50%) can also obtain an E visa. Mexico negotiated the right for Mexican citizens to apply for an E visa in 1994 through NAFTA. Guatemala, El Salvador, and Nicaragua are still waiting. . .


How an E-1 visa works:


Assume that an American citizen is 50% owner of a business and a Honduran person (not a permanent resident or American citizen) owns the other 50% of the same business. For purposes of an E visa, the company has Honduran nationality despite having been incorporated in the United States. The Honduran citizen (not an American or permanent resident) can establish a business to export fruits from Honduras to the United States such as Rambutan (Lichas) with his American partner. The E visa is not normally granted because of a single shipment of fruit. The number of years granted to the Honduran applicant, if successful, is at the discretion of the consul and the treaty in effect.

The business can also give legal work with an E visa, among other employees, to a Honduran with essential knowledge. In the previous example, in my opinion, a person who knows a lot about the Lichas, in the context of the business in my example, would be eligible to apply for a visa as an essential worker E, even if he does not have a university degree or has previously worked for the company. The list of reasons why you can be denied an E visa is long and this example assumes that the person meets all other legal requirements. Attorney Maria M. Cordon can help you determine if you are eligible, prove the facts and how the facts comply with the law, to apply for an E visa.

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