USCIS-Ready E-1 Visa Business Plan

Projections should be realistic and reasonable, based on market research and industry standards. They need to show that the business can generate enough income to cover operating expenses, including salaries (especially for E-1 employees), and provide a reasonable profit. The financials should include Revenue Projections, Expense Projections, Profit & Loss Statements, Cash Flow Projections, and Balance Sheet Projections. The level of detail depends on the nature and complexity of the business.  

A range of documents is required to establish the treaty trader’s eligibility, including Evidence of Trade, Ownership and Legal Structure Documents, Passport and I-94, Form DS-160, Form I-129, Evidence of the Treaty Trader’s Qualifications, Evidence of Investment, Lease Agreements/Property Deeds and Organizational Charts.  

“Substantial trade” is defined in terms of volume, not necessarily dollar value. It must be continuous and regular. “Principally” means more than 50% of the trade is between the U.S. and the treaty country. Acceptable documentation includes invoices, contracts, financial statements, shipping records, customs declarations, and other evidence that can demonstrate the regular and substantial exchange of goods, services, or technology between the U.S. and the treaty country.

There are many reasons for the denial of an E-1 Visa application. Among the most common are failure to demonstrate substantial trade and lack of a realistic business plan. Other reasons behind E-1 denials include insufficient investment and engagement in non-qualifying trade activities that do not fall within acceptable categories. Failure to establish the treaty trader’s essential role and misrepresentation or fraud are also sometimes given as reasons for denial.

There is no specific list of industries that automatically qualify. The key is demonstrating substantial trade and meeting the other requirements. However, some industries commonly utilize the E-1 visa, such as import/export companies, consulting firms, technology companies involved in the development, sale, or licensing of technology, service providers, and companies involved in the manufacturing and distribution of goods.  It’s important to remember that any industry can potentially qualify as long as the requirements are met.