Can I be hired by a subsidiary under an E-1 visa?

The E-1 visa category, designed for citizens of countries with which the United States maintains a trade treaty, requires that the business conduct substantial trade between the U.S. and the country of origin. Thus, when we talk about being hired by a subsidiary in the context of the E-1 visa, there are some important points to consider.

In general, to be able to work under E-1 status, it is necessary that the hiring company – whether it is the parent company or a subsidiary – be directly involved in the trade activities that meet the criteria for this type of visa. If the subsidiary independently or as part of the corporate group demonstrates that it carries out these substantial trade activities, it may be possible for an employee to work through it with an E-1 visa.

However, this will depend on a detailed analysis of the role the subsidiary plays, the corporate structure of the business group, and especially on how its trade relations with the U.S. and the country of origin are justified. It is fundamental to remember that U.S. immigration law is quite strict regarding proof of trade activities and ties between companies belonging to the same corporate group.

If the subsidiary is only an administrative or support branch without direct involvement in the qualified trade activity, it may not be sufficient to meet the visa requirements. Therefore, the situation needs to be carefully evaluated, considering the specific role of the subsidiary and how it fits into the international trade strategy of the group.

Furthermore, it is always advisable to strictly follow immigration laws, seeking up-to-date and reliable information and guidance. Consulting experienced professionals in the area – without, however, interpreting this conversation as a recommendation or guarantee of outcome – can help avoid misunderstandings and falling into traps or unfounded promises of quick results. In this way, both legal problems and exposure to fraud or misleading marketing campaigns are avoided.

In summary, being hired by a subsidiary in the context of the E-1 visa can be a possibility, provided that the company, whether it is the subsidiary or the corporate group it belongs to, proves it meets the requirements for substantial trade activity between the U.S. and the country of origin. Each case is unique, and a detailed analysis of the facts and business structure is essential to define whether the employment relationship fits the requirements of this type of visa.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.