Case Study: How to Get an E-1 Visa Treaty Trader Without Actual Physical Trade?

How do we get an E-1 Treaty Trader visa without
trading goods. Watch this video and I’ll share with you how. Hello everybody, my name is Jacob Sapochnick. I’m an immigration attorney based in San Diego,
California. In this video I want to share with you a case
study, a story of a client of ours that…and the strategy that we followed about setting
up an E-1 Visa, Treaty Trader Visa without actually needing to trade actual goods but
using something different. So in this case, you know, we’ve done a few
videos about E Visas and we have one specific one about the E-1 which we’ll link up here. We can see it, but essentially the E-1 is
a Treaty Trade Visa, which you need to have. You have to be a member of the treaty trade
country list. And you need to have at least 50 percent of
your trade with the United States and your foreign country. And most important, the trade must be one
of the few things. Typically it’s goods, it’s a commodity, it’s
trade of something physical. But the law also allows us to do services
and technology. And in this case, we had a client from Israel
who came to us and say, listen, I have this technology. This process to create physical training equipment
which is placed in parks and recreational facilities in Israel and this is our unique
patent, how we build it and how we structure it. But the actual product itself is not coming
from Israel. It’s coming from China because that’s where
they build it. It’s much more cost effective to do it. And how do I use that to come up here, to
come to the U.S. and get a visa. And again, this person was now working for
the company in Israel who was building the product. He was the one that had the patent and the
technology. And so I couldn’t get him over here on L Visa
because he was no longer working for that company. He was an independent consultant person who
was about to retire and he wanted to live in the U.S. so we went back to the rules and
we realized that the E-1 Visa allows you also to trade also in technology. And in fact that he had the patents that he
the designs and everything was designed in Israel. Everything derived from Israel but the actual
products were coming from China. So we had to kind of come up with a plan. So first of all, we established the fact that
100 percent of the design and the licensing coming from Israel. We also established the fact that the rights
to build those products must be signed by the company in Israel and also be approved
by the person who actually is the person who hold the patent which is our client. Then had agreements between this company in
Israel and their manufacturing facility in China who is also controlled by an Israeli,
a designer who makes sure that the quality and the way everything is going to be built
is based on the Israeli technology. We had all those agreements as well. Then we show that the majority of the funds
are coming from Israel to fund that build up and then we finally documented how it’s
coming to the United States. It was very interesting because when the person
went to the U.S. embassy in Israel for his interview, he had to kind of break it down
in the business plan, how the process is happening, where are the products deriving from, what
is the rights of the Chinese manufacturer to create it? Everything went back to the Israeli company,
to the Israeli patent holder and to the Israeli idea that is also coming from there. And eventually the company was going to be
based in the United States and Los Angeles also had contracts with the city and with
the state of California to be able to build those parks again based on that Israel innovation. So that’s kind of how we tied it in together. So there’s were no actually goods coming from
the treaty company…country Israel, but only the technology and the rights to manufacturing
or create everything that derived from that technology was Israeli. And while the actual physical products came
from different country from China, that’s another way to do it. So it could be a good opportunity for designers
and developers for many countries that have the E-1 Treaty, but they choose to build their
products in China or the Philippines or Vietnam where manufacturing is much cheaper. But the creative ideas and the technology
is coming from the treaty country. So that was a very successful case. That person got his E-1 and then a year later,
because of this technology that is utilized for the good, you know, helping people lose
weight, stay healthy, we’re able to get him a Green Card as an exceptional entrepreneur,
which I’ll do a separate video on it later on. But that’s how he’s was able to transition
from his E-1 to a green card because he was able to contribute to the United States technology. And he showed why he didn’t need to be sponsored
by his own company. He was able to be an alien of extraordinary
ability and he was able to get his green card that way. So that was that case study about how to get
an E-1 without actually trading in goods. But in this case it was technology and IP. Hopefully this was helpful. If you have questions or if you have any ideas
or anything that you want to share with me I’m here for you. So post your questions in the comments and
we’ll see you at our next video.

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