E-1 Treaty Trader Visas

What is trade?

Trade must involve an actual exchange of value, cross international borders, and consist of qualifying commercial activities. In other words, there needs to be real, ongoing business between the U.S. and the treaty country.

 

What if I just started trading?

To qualify for an E-1, the trade must already be happening. You generally need a track record of transactions over time—plans or future projections alone are not enough.

 

What if my new U.S. company is assuming the existing trade of my foreign business?

That can still work. If you can show binding contracts or agreements that require the immediate continuation of trade, U.S. consulates will often allow the new U.S. company to rely on the foreign company’s existing trade history.

 

Do I need to form a U.S. company to sponsor an E-1?

Not necessarily. The E-1 is one of the few visa categories that allows a qualifying foreign company to sponsor the visa directly, as long as all other requirements are met.

 

Can the qualifying activities be a service rather than a good? Services can absolutely qualify. As long as the service itself is the business’s product being sold across borders, it can count as trade. Common examples include international banking, insurance, transportation, tourism, and communications.

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Substantial Trade

How much trade qualifies as substantial?

There’s no specific dollar amount you have to hit. Instead, immigration looks at whether there is an ongoing, continuous flow of trade with multiple transactions happening over time.

 

Is the number of transactions or the dollar value more important?
It’s a mix of both. Officers look at the overall pattern of trade, not just one big deal. Smaller businesses can still qualify if they can show frequent, regular transactions—even if each individual transaction is relatively modest in value.

 

Trade must be Principally between United States and the Treaty Country

Does all of my trade have to be between the U.S. and the treaty country?
No. You can have trade with other countries as well. However, more than 50% of your company’s total international trade must be between the United States and the treaty country.

Can some of my business be domestic (within the U.S.)?
Yes. Domestic U.S. business is allowed. The key requirement is that, when you look only at international trade, the majority—over 50%—is with the treaty country.

 

E-1 Employees

Can I bring an employee on an E-1 visa? Yes, you can bring an employee of the same nationality to fill a role that qualifies as either executive, supervisory, or essential/specialized.

 

What qualifies as an executive or supervisory role? The following factors are considered:

1. The title of the position to which the employee is destined;

2. The employee’s place in your company’s organizational structure;

3. The duties of the position;

4. The degree to which the employee will have ultimate control and responsibility for your company’s overall operations or a major component thereof;

5. The number and skill levels of the employees your employee will supervise

6. The level of pay; and

7. Whether the employee possesses qualifying executive or supervisory experience.

 

What qualifies as an essential/specialized role? The following factors are considered:

1. The experience and training necessary to achieve such skill(s);

2. The uniqueness of such skills;

3. The availability of U.S. workers with such skills;

4. The salary such special expertise can command;

5. The degree of proven expertise of the employee in the area of specialization; and

6. The function of the job to which the employee is destined.

 

Is it required that an E-1 employee have worked for me abroad? No, an E-1 employee does not have to have experience with your business or overall organization, but it helps.

 

Other E-1 Information

How long is the E-1 visa valid?
Visa validity depends on your nationality. Each treaty country has a reciprocity schedule that determines the visa validity period and number of permitted entries. You can review your country’s specific terms on the U.S. Department of State reciprocity list.

 

How long can I stay in the U.S. each time I enter?
Each time you are admitted to the United States in E-1 status, you are generally granted a two-year period of stay, regardless of the visa’s expiration date, as reflected on your I-94 record.

 

Can I renew my E-1 visa or status?
Yes. There is no statutory limit on the number of times an E-1 visa may be renewed or E-1 status extended, provided the enterprise continues to meet E-1 requirements.

 

E-1 Families

Can my family apply with me?
Yes. Your spouse and unmarried children under 21 may apply for E-1 visas and be admitted in E-1 dependent status.

 

Can my kids go to school in the U.S.?
Yes. E-1 dependent children may attend public or private elementary and secondary schools, as well as colleges or universities. However, they are not authorized to work.

 

Can my spouse work?
Yes. E-1 spouses are authorized to work incident to status upon admission. Their I-94 record should reflect “E1S”, which serves as evidence of employment authorization and allows them to work for any employer or be self-employed without a separate work permit.

 

What if my spouse or kids are from a different country?
That is not an issue. E-1 dependent status is based on the principal applicant’s treaty nationality, not the dependents’ nationality. Your spouse and children may qualify even if they are citizens of non-treaty countries.