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The trade must be "substantial trade which in international in scope principally between the U.S. and the foreign state of which s/he is a national." Trade can include the following: goods, services, international banking, transportation, communications, accounting, design, consulting, tourism, technology transfer, etc.
Substantial means at least 50% of the trade is between the United States and the foreign country of the nationality of the business. The amount of trade is not necessarily determined on the number of trading activity, but may be the "volume" and "amount" of trade. It must also be an active and continuing trade. (For example, a one-time substantial trade may be considered insufficient.)
Requirements:
1. A trade treaty must exist between the United States and applicant's country
2. At least 50% of the company is owned by nationals of applicant's country
3. The owners of the company must either:
- maintain E nonimmigrant status if they are in the United States, or
- must live outside the U.S. and be eligible for E nonimmigrant status if they were to live in the United States. (This means that owners who are also U.S. citizen or permanent resident cannot be counted toward determining at least 50% ownership, even if they are nationals of the applicant's country.)
4. Applicant is either:
- an owner of the company or
- an employee in a managerial or executive capacity or with essential skills
5. The company has already been engaged in substantial trade principally between the United States and applicant's country (or is ready to engage in substantial trade). The trade must be substantial in terms of dollar amount, volume and frequency
6. The applicant has "nonimmigrant intent."
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