US E-1 treaty trader visa

Who it's for

The E-1 category is designed for people who direct and develop substantial international trade between the US and a country that holds a qualifying treaty with the United States.

It covers both principal traders carrying on trade on their own behalf and certain employees of a treaty enterprise.

• A national of a treaty country coming to carry on substantial trade principally with the US
• An owner or director of a treaty-nationality trading enterprise
• An executive or supervisory employee of a qualifying treaty enterprise who shares the treaty country's nationality
• An essential-skills employee whose specialised knowledge is needed for the enterprise's efficient operation

Eligibility requirements

Qualification depends on the applicant's nationality, the ownership of the enterprise, and the nature and volume of the trade. Each case is assessed on its own facts.

• The applicant is a national of a country that maintains a qualifying treaty of commerce and navigation with the US
• The trading enterprise has the nationality of the treaty country, meaning at least 50% is owned by nationals of that country
• The applicant is carrying on substantial trade, involving a sizeable and continuing volume of transactions
• More than 50% of the enterprise's total international trade is between the US and the treaty country
• Employees seeking E-1 status share the same nationality as the principal trader and serve in an executive, supervisory, or essential-skills role

What counts as trade

Trade for E-1 purposes means the international exchange of items of value, and the transactions must be traceable and already under way rather than merely planned.

"Substantial" trade looks at continuity and volume of dealings over time rather than the value of any single transaction; numerous smaller transactions can qualify.

• Goods, services, and technology can all count as items of trade
• Examples include international banking, insurance, transportation, tourism, and technology transfer
• The trade must be principally between the US and the treaty country
• Trade should be established and ongoing at the time of application

How to apply

Most applicants apply at a US embassy or consulate abroad. People already in the US in another nonimmigrant status may instead ask USCIS to change their status to E-1, though this does not itself produce a visa for future travel.

• Complete the online DS-160 nonimmigrant visa application
• Complete Form DS-156E (treaty trader/investor application) for the trader or employer
• Pay the visa application (MRV) fee, currently $315 for E treaty visas
• Gather evidence of nationality, ownership, and the substantial nature and direction of the trade
• Schedule and attend a visa interview at the US embassy or consulate, if required
• Ensure the passport is valid for at least six months beyond the intended period of stay, unless a country agreement exempts this

Duration, extensions, and family

Treaty traders and qualifying employees are usually admitted for an initial period of up to two years, and status can be extended in increments of up to two years each while the qualifying trade continues.

Spouses and unmarried children under 21 may accompany or follow the principal applicant.

• Initial admission is for a maximum of two years
• Extensions may be granted in increments of up to two years, with no fixed overall limit while trade qualifies
• Spouses and unmarried children under 21 may seek E-1 dependent status
• E-1 spouses in valid status are generally authorised to work incident to status, subject to limited exceptions
• Dependents already in the US may request an extension or change of status by filing Form I-539