The Immigration and Nationality Act (INA) provides non-immigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation, and who is coming to the U.S. to carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country.  8 U.S.C. § 1101(a)(15)(E)

The principle legal requirements are:

• The applicant must be a national of a treaty country;

• The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country;

• The international trade must be substantial in the sense that there is a sizable and continuing volume of trade;

• The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant’s nationality;

• Trade means the international exchange of goods, services, and technology;

• Title of the trade items must pass from one party to the other outside of the U.S.; and

• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm.  Ordinary skilled or unskilled workers do not qualify.

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