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E-1 Visa Application Questions of
Hiring U.S. Employees, Invesment, and Existing Business

Hi William,

My compnay will apply for E-1 visa for me to work on providing services in health industry. Do we have to hire U.S. employees in order to get an E-1 visa? Also, does the trade already have to exist at the time, when I am applying for an E-1 visa?

Answer,

You do not have to hire U.S. employees when applying for an E-1 visa. But hiring U.S. workers is always good, even for an E-1 visa application.


Also, you do not have to make a substantial investment in the U.S. when applying for an E-1 visa. Investment would be required if you are applying for an E-2 visa.


A service can be considered treaty trade for an E-1 visa application purposes. If you want to qualify for an E-1 visa as a treaty trader, the provision of services must be the purpose of your business, and must be the saleable commodity which you sell to the clients.


The trade should already be in existence at the time you apply for an E-1 visa. However, the immigration regulations state that if you have evidence of successfully negotiated contracts that are binding upon the parties and call for immediate exchange of items of trade, you may still qualify for an E-1 visa.








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