What is an E-1 Visa?

The E-1 visa (also known as the Treaty Trader visa) is a U.S. nonimmigrant visa category for nationals of certain treaty countries who enter the United States to engage in substantial trade with the U.S.

To qualify, the trader (an individual or a company) must be a national of a treaty country, and the trade must be substantial and primarily between the U.S. and the treaty country.

Who qualifies for an E-1 Visa?

E-1 eligibility generally depends on treaty nationality, the existence of substantial trade, and whether the applicant is coming to the U.S. to develop and direct the trade enterprise (or is an employee with qualifying duties/skills).

What is a “treaty country”?

A treaty country is one that has a qualifying treaty of commerce and navigation with the United States (or a related qualifying agreement) that allows its nationals to seek E-1 classification.

Your eligibility depends on your nationality (or, for companies, the nationality of the owners).

What does “substantial trade” mean?

Substantial trade refers to a continuous flow of sizeable international trade items involving numerous transactions over time. There is no fixed minimum dollar amount, but USCIS/consular officers evaluate the volume, frequency, and monetary value of transactions in the context of the business.

What is “principal trade”?

Principal trade means that more than 50% of the trader’s total volume of international trade is between the U.S. and the treaty country.

What qualifies as “trade” for E-1 purposes?

Trade can include the exchange, purchase, or sale of goods and services. It can also include certain types of international banking, insurance, transportation, tourism, technology, and other services, depending on the facts.

Can companies qualify for E-1?

Yes. A company can qualify as an E-1 treaty trader if it is at least 50% owned by nationals of a treaty country and it conducts substantial trade principally between the U.S. and that treaty country.

Can employees qualify for E-1?

Yes. Employees of a qualifying E-1 company can qualify if they share the company’s treaty nationality and will work in an executive/managerial capacity or in a role requiring essential skills.

What are “essential skills” for E-1 employees?

Essential skills typically means specialized skills or knowledge that are critical to the efficient operation of the enterprise. The analysis is fact-specific and may consider experience, training, uniqueness, and whether similarly skilled workers are available in the U.S.

E-1 Visa requirements (summary checklist)

• Applicant (or enterprise) has treaty nationality.
• Trade is substantial (continuous flow of meaningful transactions).
• Trade is principally between the U.S. and the treaty country (generally >50%).
• Applicant is coming to develop and direct the enterprise, or is a qualifying employee (executive/managerial or essential skills).
• Applicant intends to depart the U.S. when E-1 status ends (nonimmigrant intent).

How long is the E-1 Visa valid?

Validity depends on the applicant’s nationality and the reciprocity schedule. Many E-1 visas are issued for multiple years, and the status can be extended indefinitely in two-year increments as long as eligibility continues.

E-1 extensions and renewals

E-1 status can be extended (often in two-year increments) and renewed repeatedly, provided the enterprise continues to meet the treaty nationality and substantial/principal trade requirements.

E-1 Visa application process

1. Confirm treaty nationality eligibility and ownership structure (for companies).
2. Compile evidence of substantial and principal trade (invoices, contracts, shipping docs, wire transfers, etc.).
3. Prepare role documentation (executive/managerial or essential skills) for the applicant/employee.
4. Apply through a U.S. consulate (common) or file with USCIS for a change/extension of status if eligible.
5. Attend interview (if consular) and respond to any requests for evidence.

What evidence is typically needed?

• Proof of treaty nationality (passport) and, for companies, ownership documentation showing at least 50% treaty-national ownership.
• Trade documentation showing volume, frequency, and value (contracts, invoices, bills of lading, shipping records, payments).
• Evidence that trade is principally with the U.S. (trade ledgers/transaction summaries).
• Business documents (formation docs, org chart, financials, payroll, leases).
• Detailed job description and supporting evidence for executive/managerial or essential skills role.

E-1 vs E-2: what’s the difference?

E-1 is based on substantial trade with the U.S., while E-2 is based on a substantial investment in a U.S. enterprise. Both require treaty nationality and are nonimmigrant classifications, but the core eligibility focus differs (trade vs investment).

Can E-1 lead to a green card?

E-1 is a nonimmigrant classification and does not directly provide permanent residence. However, some applicants later pursue immigrant pathways depending on their circumstances, while maintaining compliance with E-1 requirements and nonimmigrant intent considerations.

Common reasons E-1 cases get denied

• Insufficient proof that trade is substantial (too few or too small transactions).
• Failure to show trade is principally between the U.S. and the treaty country (>50%).
• Ownership/nationality documentation does not clearly establish treaty nationality requirements.
• Employee role does not qualify as executive/managerial or essential skills.
• Inconsistent or weak documentation (unclear transaction summaries, missing source documents).

Tables from the source article