Non-Immigrant Visas
Treaty Trader (E-1) Company Registration
Companies seeking Treaty Trader status pursuant to the U.S.-Denmark Treaty of Friendship, Commerce, and Navigation must be majority-owned by Danish citizens and individual employees must be Danish citizens to qualify for this visa. Approval and registration of the company with the Nonimmigrant Visa Unit at the American Embassy in Copenhagen is required prior to issuance of an E visa. Even if an applicant has received a change of status to E-1 from the Department of Homeland Security (United States Citizenship and Immigration Services (USCIS)) in the United States, he/she is required to register the company in Denmark.
Companies that have not been registered for Treaty Trader (E-1) status should follow the steps below. If your company is registered, see here.
Step-by-Step Application Procedure Guide
• Review the E Visa General Information for Treaty Traders to determine whether the company and investment meet the requirements for Treaty Trader (E-1) status.
Applications must be submitted in a binder divided into sections clearly separated by lettered or numbered tabs. Only submit additional documents if they are absolutely integral to the application. English translations must be attached to all documents which are in a foreign language. Applications not complying with the format will experience a delay in processing.
Tab 1
Table of Application Contents. This table must identify the documents provided and their respective location within the application as provided in the tab sequence set out here below.
Tab 2
A completed Form DS-156, DS-157 , DS-156E, and the Jyske Bank transaction receipt showing payment of the visa application fee on behalf of the principal applicant. Contact information must include an e-mail address on the DS-156E. Please attach the fee receipt to the third page of the DS-156 above the barcode.
The principal applicant may choose to submit form DS-156, form DS-157 (if applicable), and the fee receipt for qualified family members (derivatives). Alternatively, family members may apply for visas separately once the principal applicant’s visa has been approved.
G-28 "Notice of Entry of Appearance as Attorney or Representative", including contact e-mail address, fax number, and phone number should also be submitted if applicable.
Tab 3
Photocopy of data (photo) page of passport. This tab should also include photocopies of the applicant's prior U.S. visas.
Tab 4
Cover letter describing the enterprise, the applicant's qualifications and number of family members intending to travel. This letter must address all requirements for E visa eligibility as defined by the Foreign Affairs Manual 9 FAM 41.51 and U.S. law. Specifically, the letter must address how the applicant will demonstrate that he/she meets all requirements under 9 FAM 41.51, including:
- The requisite treaty exists (9 FAM 41.51 N3)
- The individual and/or business possesses the nationality of the treaty country (9 FAM 41.51 N2, N14.1)
- The activities constitute trade within the meaning of INA101(a)(15)(E) and (9 FAM 41.51 N4)
- Such trade is substantial (9 FAM 41.51 N6)
- Such trade is principally between the United States and the treaty country (9 FAM 41.51 N6)
The applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm"s operations in the United States (9 FAM 41.51 N14)
The applicant intends to depart the United States when the E-1 status terminates (9 FAM 41.51 N15)
Tab 5
Demonstrate the individual and the enterprise possess the nationality of the treaty country (9 FAM 41.51 N2, N14.1) The nationality of an enterprise is determined by the nationality of its individual owners. Documents tending to show nationality include passports and corporate instruments identifying owners of the ultimate parent company.
Tab 6
Evidence of trade for E-1 purposes (9 FAM 41.51 N4)
(1) Trade must constitute an exchange
(2) Trade must be international in scope and
(3) Trade must involve qualifying activities
• Correspondence showing trading activities
• Purchase orders
• Orders for goods shipped or awaiting shipment
• Letter of credit
Tab 7
Evidence of substantial trade. (9 FAM 41.51 N4)
• Invoices
• Bills of lading
• Airway/Seaway bills
• Financial statements
• U.S. Internal Revenue Service (IRS) tax returns
Tab 8
Evidence that trade is principally between the U.S. and the treaty country (9 FAM 41.51 N7)
• Company information
• International trade figures
• Customs invoices
• Purchase receipts
Tab 9
Demonstrate the applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm’s operations in the United States. (9 FAM 41.51 N14)
For essential skills employees, include evidence that employee has specialized skills essential to the efficient operation of the enterprise and the projected duration of this essentiality.
For all applicants, the following should be included:
• Corporate organization chart of your U.S. company showing how your position fits into the organization
• Detailed statements from supervisors describing duties at previous assignments
• Detailed resumé (with references and contact information)
• Relevant diplomas, job training certificates, and/or letters from previous employers
An explanation as to why the enterprise was unable to find a qualified U.S. citizen or Legal Permanent Resident to fill the position may also be included in this section.
Applications should be sent to:
U.S. Embassy Copenhagen
Dag Hammarskjölds Alle 24
2100 Copenhagen
After review of the application is complete, the representative of the company will be notified in writing of the decision. Processing time for review of treaty trader registration applications is usually three to six weeks.