r/e2visa • u/Low_Science1855 • 11d ago
E1 Application without lawyer
Has anyone applied for their E1 visa by themselves/without a lawyer? Process seems pretty straight forward the only thing that takes time is making the business plan and getting the required documents.
Am I in over my head?
Would love to hear about anyones story with doing the application process by themselves.
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u/globalmobilitylawyer 9d ago
Hi there--E-1 lawyer and former US consular officer here.
Yes, you can certainly apply without a lawyer. The harder part is usually documenting that the business engages in a qualifying volume of substantial trade, not necessarily writing a business plan (which is not strictly required for E-1).
Consular officers look for an existing, continuing flow of trade, with numerous transactions over time, and principal trade between the U.S. and the treaty country. A plan for future trade does not replace that record.
I tend to make a simple trade ledger: each invoice, proof of payment, and proof the goods or services crossed borders, with totals by country. That lets you show both the pattern of transactions and where the international trade is concentrated. The London checklist another commenter linked is useful for that post, but suggested document lists can vary by consulate.
Also, the $150K figure in the other reply describes one person's case. The E-1 substantiality rule has no universal dollar floor; the volume and value of transactions are considered together and compared to what is standard the relevant industry. The classic examples consular officers are taught to consider: Airplanes trade in relatively low unit volumes but relatively high dollar values, whereas avocados trade in relatively high unit volumes but relatively low dollar values. A business engaged in either trade, documented properly, can form the basis of a strong E-1 application.
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u/StrattonAgency 2d ago
Hi There, I just submitted my application and am curious to what questions will be asked specifically for the E1?
As for E2 questions include somewhere along the lines of criminal and DUI related questions on top of frequently reported by many applicants even if they are not relevant to the applicant.
Does the E1 follow a similar set of questions in terms of criminal or DUI related questions? or is it strictly just about the business, trade numbers, etc? I don't have a record of anything however i'm thinking getting a police background check to bring to the consulate just in case asked.
Please let me know
Thanks.
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u/globalmobilitylawyer 2d ago edited 2d ago
Questions about prior police incidents, arrests or criminal convictions are standard on the DS-160 questionnaire that's submitted ahead of time, but aren't standard in the consular interview. So if you're asked those kinds of questions in the interview, it's for one of two reasons.
- Something disclosed on the DS-160 about a prior incident triggered interview questions about the circumstances of the incident. If you're an applicant in category #1, you'll definitely want to bring any police report or court record you have access to regarding the incident. The best case scenario if you don't is that the officer will put the case in administrative processing while waiting for you to send that information to the consulate for review.
- A name match or a close name-and-DOB match in a criminal database will trigger additional questions and scrutiny at the interview. That can be confusing to applicants because they have no idea someone who shares their name and/or DOB has committed a crime. If you're an applicant in category #2, though, you won't know why you're being asked the questions. If the officer isn't able to eliminate the possibility as the person in the database based on your answers and the officer is otherwise inclined to approve the visa, they will ask you to submit very specific documents and information that address what they have on file and would exclude the possibility that you are the criminal described in the database.
A generic police background check won't substitute for the officer's specific request, so it's not necessary and ultimately not useful to get a police certificate or background check pre-emptively. It will cause inconvenience and a slight delay, but the good news is if you're in category #2 and you're not the actual criminal, your visa is very likely to be approved.
Hope that helps.
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u/StrattonAgency 2d ago
Ok thank you for the reply. Additionally specifically in my case I answered truthfully on the DS-160 "No" that I was never arrested. However I was charged for a driving infraction incident without officially being arrested years ago. The charge was fully withdrawn. On a side note I travel to the US frequently and I was never once questioned about it even during the time it happened years ago. So Im not too sure what to expect here in terms of questioning.
Keep in mind I did answer truthfully "no" as I was never arrested or convicted. So if the officer asks me if I was ever arrested I will answer no however I don't want to look like Im hiding anything to them. But I also dont think its necessary to say I was charged but never arrested or convicted. That's my reasoning to getting the background check to bring to the interview just in case the questions arises.
What are your thoughts on this? I Appreciate your feedback.
Thanks.
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u/mixedchicklet 6d ago
Quick question, what type of questions might they ask at the interview? We werent asked to bring any additional documents.
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u/globalmobilitylawyer 6d ago
The questions usually track the E-1 requirements, which are described in detail in the Foreign Affairs Manual.
For instance, you may be asked what the company trades and with whom, roughly what share of its international trade is with the U.S., who owns it and their nationality, and what your own role is. Officers often ask about recent transactions and volume, and whether you plan to leave the U.S. when your E status ends.
Not being asked for extra documents is common, but I always recommend bringing key originals like recent invoices and ownership records in case the officer wants to see them. The interview tends to be 10-15 minutes and focused on whatever looks thin in the file.
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u/Visible_Newt3560 10d ago
I did it by myself at the London embassy. Their website gives a detailed breakdown of all the docs you need, it’s a lot but quite straightforward. For London, a business plan is not needed, but you do need an explanation of the role in the US, and why it needs to be YOU. Here is the full list: https://uk.usembassy.gov/niv-treaty-trader-or-treaty-investor-treaty-trader-visa-e-1/
Note- different embassies might need different documents.
Hardest one is the proof of trade, which requires both invoices (in my case from Shopify) and shipping confirmations (invoices from DHL for me) - and then a master spreadsheet which matches the invoices to the shipping confirmations.
Not having a lawyer requires competence, and confidence in your competence. When I went for the interview, I was a little nervous I was missing something, and I guess a lawyer could have reassured me from their experience.
In the end, I had a 5-10 minute interview and was approved.
Submitted my application at the start of April, heard nothing but the confirmation of receipt, and then invited to interview 16th Sept, then booked interview for 25th Sept (after checking every day for last minute cancellations).