This post is based on my personal experience. I’ve linked to resources on the US Homeland Security and US Consulate websites but am not affiliated with them.
Our journey started a year ago when our ad agency, Adfluent Media was in its sixth year of operation. Even though we are based in Toronto, a thriving tech hub, we felt like we were constantly hitting a brick wall with our Canadian clients — who made up less than ten percent of our business. Meanwhile things in the US were rapidly growing. Pair that up with a long and harsh Canadian winter and I was often Googling “how to get a US visa”!
That’s when I discovered there was a lot of out dated and inconsistent information. Which prompted me to write this post to share my experience as a Canadian applicant. I’m not an immigration lawyer so I did have to hire one to help me get through the copious amount of paperwork but hopefully these 9 steps and tips can help you navigate through some of the daunting process…
First off, what is an E-1 Visa?
It is for business owners that already have existing business relationships with US partners. This non-immigration visa therefore, allows Canadians to live and work there so they can continue engaging in international business. The visa I got is good for five years. After that, if you show you can sustain your business, it will be renewed for another five years (indefinitely).
You can get more details about this visa here.
To qualify your business needs to…
- Be Canadian or a nation of a country with which the US maintains a treaty of commerce
- Carry on substantial trade
- The principal trade exists when over 50% of the total volume of international trade is between the US and the trader’s treaty country
Even though this doesn’t sound overly complicated, I still recommend consulting with a lawyer. I’m really happy with the one I worked with from PwC so if you need a referral, send me a msg.
Our ad agency qualified — being a Canadian incorporated company who has been providing digital strategy services, media buying and online lead generation to US clients since 2010.
Point two (above) however, is pretty vague. Even our lawyer couldn’t pinpoint an amount to define ‘substantial’ but he believed we had a really strong case… in the last two years, we generated close to $2 million in US sales .
More important than the total amount though is the consistency and duration. For example, a company that does $10k every month will look more favourable than another company that has only done a one time transaction of $50k.
Note: closely related is the E-2 Treaty Investors visa so you may want to look into that to see if you better qualify under their requirements.
What are the nine steps involved with getting an E-1 Visa?
- Fill out a Nonimmigrant Visa Application DS-160.
This is an online form requesting basic details such as your birthday, education, if you visited the US before, passport info, etc. You’ll also need to provide an estimated date of arrival and a contact in the US (I just used my friend). Make sure you have a current photo (yes, you can take a selfie but you’ll need to bring in actual passport photos for the consulate meeting.)
Each primary applicant and their spouse + children have to complete one. Luckily you don’t need to finish it in one sitting but you can save your work and come back to it later.
Time commitment: 60 minutes for each applicant.
2. Create a 5 year business plan
By far the most time consuming part of this process was creating a biz plan. Aside from the ones I made up in university ages ago, I actually have never written a plan for a ‘real’ company! It ended up being 22 pages!
I included EVERYTHING! A SWOT analysis, a target market profile, an advertising strategy, a sales pipeline and a team hierarchy including future positions I plan to hire for. Yep all the key terms drilled into you in b-school are coming back to haunt you in real life! My accountant then helped me prepare the financial statements and a 3 years projection.
Time commitment: 16 hours