Does the E-1 accept partnership with another foreign national from a treaty country?

The E-1 visa is intended for citizens of countries that maintain commercial treaties with the United States and requires that the company conducting the trade be substantially controlled by these citizens. In general, when it comes to partnerships and companies, the main requirement is that at least 50% of the ownership and control of the company be held by nationals of the treaty country.

If you are considering forming a partnership with another foreign national from a treaty country, this structure may be acceptable for the E-1 visa, provided both meet the citizenship criteria and the company demonstrates majority control by these nationals. In other words, the partnership between you can be established so that management and strategic decisions of the company are handled by citizens of the treaty country.

This ensures that the enterprise fits the rules established for the E-1, where it is essential to prove that substantial trade between the US and the treaty country is being conducted. Moreover, the company must carry out a real and significant volume of international trade, meaning that transactions between the US and the treaty country must be continuous and substantial.

The way the partnership is structured – whether as a corporation, limited liability company, or other entity – must evidence this predominance of investors or partners who are citizens of the treaty country. It is important to emphasize the significance of strictly following United States immigration laws and seeking guidance from specialized professionals, if necessary, to ensure all requirements are met.

This care helps avoid misunderstandings or exposure to fraud and marketing campaigns that promise easy solutions. Full compliance with the regulations provides greater security when charting the best path for a potential E-1 visa application.

In summary, the E-1 visa accepts partnerships formed by foreigners from treaty countries, provided the company structure complies with ownership and control requirements and that the trade between the US and the treaty country is effectively substantial.

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.