E-1 “Treaty Trader” Visa Applications for Italian Nationals
E-1 Visas for Italian Principals
The E1 “Treaty Trader” program permits Italian Nationals to be lawfully present in the United States for the PRINCIPAL purpose of directing and developing “substantial trade” between Italy and the United States.
Can an E-1 Business Bring Italian Employees to the United States?
Yes, a properly registered E-1 business with Italian ownership can hire Italian Nationals and bring them to the United States. These employees need to fit into one of two categories:
- Managers/Executives; or
- Staff with specialist skills
What is “Substantial Trade” for E-1 Visa Purposes?
While there is no statutory definition of the meaning of “substantial trade” for E-1 visa purposes the U.S. government does provide written guidance to their consular officers to assist those consular officers determine whether trade is “substantial” or not.
This written guidance directs consular officers to “primarily focus on the volume of trade conducted” between the U.S. and Italy and to also consider the monetary value of each transaction as well. Preference is given to cases involving more numerous transactions of higher value.
The final analysis as to what constitutes “Substantial Trade” is case specific. Our firm has been involved with cases involving the frequent export of clothing and food from Italy to the United States where higher-volume lower value transactions have constituted “substantial trade”. At the same time a lower volume of higher value goods, such as Italian manufactured machinery, has also been held to constitute “substantial trade”.
What are the Downsides of an E-1 Visa?
E-1 treaty traders are be admitted to the United States “solely to carry on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which he is a national.” If an E-1 business changes its trading patterns so that it no longer principally maintains “substantial trade” with the U.S. then E-1 status will come to an end.
In one example, an E-1 business in the U.S. trading with Italy continued trading with Italy but expanded trade with other nations. The increasing trade with the other nations was deemed to violate the requirement that the “substantial trade” be primarily with Italy. In these circumstances the business was no longer E-1 eligible and its Italian employees were “out of status”.
While E-2 visas are subject to the doctrine of “substantial change” a change in or expansion of the trading patterns of an existing E-2 business might not invalidate the E-2 status of employees.
Do I have to leave the United States to Apply for an E1 Visa?
An E-1 visa can only be obtained from a US consulate outside the United States. You can apply for “change of status” to E-1 status from within the United States but you cannot obtain an E-1 visa from within the United States.
What is Davies & Associate’s Record with E-1 Visa Applications?
As of November, 2014 no E-1 visa case filed by our firm has ever been denied.
Where will my E-2 Visa Application be Processed?
While “change of status” to E-1 status is processed in the United States, E-1 visa applications are processed in consulates outside the United States.
Every U.S. consulate maintains differing procedures for the submission, processing and adjudication of E-1 visas. It is therefore critical to work with a law firm that not only maintains a U.S. presence but also has a solid understanding and knowledge of the U.S. consulate in Rome. Davies & Associates facilitates this through the firm’s direct presence in Rome.
How Critical is a Business Plan for an E-1 Visa?
Unlike an E-2 visa an E-1 visa is NOT an investor visa. That said, you do need to demonstrate that you meet the substantial requirements for an E-1 visa. Your business plan is your opportunity to explain how your immediate and long-term business objectives meet the requirements of the E1 “treaty trader” visa program.
U.S. Naturalization for E-1 Visa Holders
There are several ways for an Italian National in E-1 status to apply for U.S. Nationality. These ways include but are not limited to applying as:
- An international executive (“EB1(c)”)
- An outstanding individual (“EB1(a)”)
- Work based (“EB2/EB3”)
- Investor visa program (“EB5”)
Our U.S. offices frequently provide clients with advice on these and other processes for obtaining U.S. nationality.
Applying for Italian Nationality:
The only Route to an E-1 Visa?
Nationals of non-E1 treaty countries, such as Brazil, are unable to obtain E-1 visas. For applicants from these countries the ability to obtain Italian Nationality can sometimes be the only route to an E-1 visa. A surprisingly large number of Brazilian Nationals do qualify for Italian Nationality.
Through our relationship with Cavalier & Cavalier in Rome our firm can also assist eligible U.S., Brazilian and other Nationals obtain Italian Nationality.
Contact Davies & Associates Offices in Italy
Check all of our locations around the world.
Piazza Gentile Da Fabriano 3 Rome, Italy 00196
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Corso Vittorio Emanuele II, n. 15 Milan, Italy 20122
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Piazza Gen. C.A. Dalla Chiesa n. 3 43121, Parma, Italy
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I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.
Outstanding Immigration Attorney: Highly Recommended! Rating: ⭐️⭐️⭐️⭐️⭐️ (5/5) I had the pleasure of working with Verdie Atienza and his team at Davies & Associates , a top-notch immigration attorney in the United States. Their professionalism, expertise, and dedication throughout the process were exceptional. With in-depth knowledge of immigration law, they provided accurate advice and addressed all my concerns, instilling confidence. Verdie Atienza and his team meticulously reviewed my documentation and maintained excellent communication, keeping me updated regularly. What sets Davies & Associates apart is their unparalleled attention to detail. Communication with Verdie Atienza and his team in USA and Sukanya Raman in India was always prompt and efficient. They promptly returned my calls and emails, providing regular updates on the progress of my case. This level of responsiveness and transparency significantly reduced my stress levels, as I knew I could rely on their support and guidance throughout the entire process. Their personalized approach, ethical conduct, and genuine care for my success made them an outstanding attorney. I highly recommend Davies & Associates for all your immigration needs.
Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.
Getting my E2 Visa was a very in-depth process that took just over a year from when I committed to it, but 8 months from when I found a business I wanted to purchase. The only reason I'm giving 4 and not 5 stars is because the timeframe was a lot longer than expected from the initial information. Aside from the timing, Verdie and his team led me through the Visa process, providing all the guidance I needed to be successful, including advising me on the RIGHT type of Visa to suit my goals. Within the process I purchased a business and the greater Davies team included lawyer Rinat who helped me put the deal together. One of the biggest parts was my Business Plan which created from my info by Ana Ortiz, who did an incredible job. The process is certainly tedious and Verdie & Christina were always there to answer my questions, provide suggestions and advice and ensure I had all the documents I needed to support my application. I appreciated their patience with my questions and their advice and in the end, the application was so thorough the interview process was quick and easy. I highly recommend Davies & Associates and look forward to working with them again when it's time to renew my Visa.
When we first started our search for a firm to represent us in our journey to acquire my E2 visa, we reached out to a couple of companies and individual Attorneys. The responsive of the team-at D&A and positive reviews made the choice obvious. From the start D&A staff were very professional and easy to work with. Our Attorney, Verdie was very knowledgeable in the matter. He answered all of my questions and addressed my concerns. The team is very professional and did a wonderful job on our Business plan. And helpful Etta put together all the documentations needed for my application. All in all, Davies & Associates organization and step by step system, helped the whole process to move smoothly with out a glitch. I highly recommend Davies & Associates for any one who is pursuing an E2 Visa.
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.Individual seeking 'Impossible' TN Visa
D&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.E2 Visa Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.E2 + CBI Client
D&A was my guiding light through the entire EB5 Process.EB5 Visa Client
I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.Grenada CBI + E2 Visa Client
The entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.Parent of 2 EB5 Visa Holders
I'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.L1B Visa Holder
Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.E2 Visa for Small Professional Business With International Offices
Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in an highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.Complex Fiancée Visa Need Involving Multiple International Jurisdictions
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.Individual Seeking 'Impossible' TN Visa
I was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.Doctor Seeking J1 Visa Waiver
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.U Visa Applicant, A Victim of Crime
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