What is an E-1 treaty trader visa?

The E-1 visa is for nationals of treaty countries who carry on substantial trade between the United States and their home country. The trade must be substantial in both monetary terms and volume, and the applicant must hold the nationality of the treaty country.

What qualifies as substantial trade for E-1 visas?

Substantial trade means continuous flow of trade items between the U.S. and treaty country. There's no minimum dollar amount, but trade must be sufficient to ensure continuous and stable income. Trade must constitute at least 50% of the total trade volume of the enterprise.

Which countries have E-1 treaty agreements with the U.S.?

Treaty countries include Argentina, Australia, Austria, Belgium, Canada, Colombia, Germany, Italy, Japan, Mexico, Netherlands, Spain, Switzerland, Thailand, Turkey, and many others. Check the current State Department list as treaties can change.

How long is an E-1 visa valid?

E-1 visas are typically issued for up to 5 years depending on reciprocity with the treaty country. However, each entry allows a 2-year stay, which can be extended indefinitely in 2-year increments as long as the business continues to qualify.

Can E-1 visa holders bring their family to the U.S.?

Yes, spouse and unmarried children under 21 can obtain E-1 dependent visas. Spouses can apply for work authorization, but children cannot work. Dependents must maintain the same nationality as the principal E-1 visa holder or be stateless.

E-1 Treaty Trader Visa - International Trade Professionals

E-1 Treaty Trader Overview

What is an E-1 Visa?

The E-1 treaty trader visa allows nationals of countries with commerce and navigation treaties with the U.S. to enter for the sole purpose of carrying on substantial trade principally between the United States and their home country.

Key Requirement: Substantial Trade

E-1 visas require substantial trade - a continuous flow of considerable international trade involving numerous transactions over time. The trade must be principally between the U.S. and the treaty country.

Eligibility Requirements

E-1 Visa Qualification Criteria

Must be a national of a country with which the United States maintains a treaty of commerce and navigation
Must be coming to the United States solely to carry on substantial trade
Trade must be principally between the United States and the treaty country
Must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the operation
Must maintain residence abroad with no intention of abandoning foreign residence
Must have intent to depart the United States when E-1 status expires

Treaty Countries for E-1 Visas

Countries with E-1 Treaty Agreements

Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei
Canada, Chile, China (Taiwan), Colombia, Costa Rica, Croatia, Estonia
Ethiopia, Finland, France, Germany, Greece, Honduras, Ireland, Israel, Italy
Japan, Jordan, Korea (South), Latvia, Liberia, Luxembourg, Macedonia, Mexico
Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia
Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey
United Kingdom, Yugoslavia (former territories)

Substantial Trade Definition

What Qualifies as Substantial Trade

Continuous flow of sizable international trade items involving numerous transactions over time
Principal trade must be between United States and treaty country (more than 50% of total trade)
Trade includes goods, services, international banking, insurance, transportation, tourism, technology transfer
Volume and monetary value sufficient to ensure continuous flow of trade
Small or occasional transactions generally do not qualify as substantial trade
No specific minimum dollar amount required, but must demonstrate substantial business activity

Application Process

E-1 Visa Application Steps

Establish Treaty Country Nationality

Confirm citizenship of treaty country and review specific bilateral treaty provisions with the United States.

Document Substantial Trade

Gather evidence of continuous international trade between United States and treaty country, including contracts, invoices, and trade records.

Complete DS-160 Form

Fill out Online Nonimmigrant Visa Application selecting E-1 category and provide detailed information about trade activities.

Schedule Consular Interview

Schedule visa interview appointment at U.S. consulate in country of residence and pay required application fees.

Attend Visa Interview

Present documentation of trade activities, demonstrate temporary intent, and establish qualification for E-1 classification.

Required Documentation

E-1 Visa Application Documents

Valid passport from treaty country with at least 6 months validity
Completed DS-160 Online Nonimmigrant Visa Application
Evidence of substantial trade between U.S. and treaty country
Trade documents: contracts, invoices, bills of lading, letters of credit
Financial statements and business registration documents
Evidence of supervisory, executive, or specialized skills role
Proof of ties to home country and intent to depart U.S.
Company organizational chart and business plan

Principal Trader Requirements

E-1 Principal Trader Qualifications

Must own at least 50% of the trading enterprise
Must have operational control of the trade enterprise
Must be actively involved in the direction and operation of the business
Trade must be conducted in the name of the principal trader
Must demonstrate substantial trade activity personally or through the enterprise
Investment in the trading enterprise must be substantial and at risk

Employee E-1 Classification

E-1 Employee Requirements

Must be employed by principal E-1 trader in supervisory or executive capacity
Must possess highly specialized skills essential to the efficient operation of the enterprise
Must be the same nationality as the principal E-1 trader
Employment must be temporary and related to the substantial trade activities
Skills must be specialized and not readily available in U.S. workforce
Role must be more than ordinary skilled or unskilled worker

Visa Duration and Extensions

E-1 Visa Validity and Renewal

Initial E-1 visa validity period varies by treaty country reciprocity agreements
Typical validity periods range from 12 months to 5 years for multiple entries
Period of admission determined by CBP officer at port of entry, typically 2 years
Extensions available in 2-year increments with no maximum limit
Must maintain E-1 status requirements throughout entire stay
Must depart before authorized period expires or file for extension

Family Members and Dependents

E-1 Derivative Benefits

Spouse and unmarried children under 21 may apply for E-1 derivative status
Family members receive same period of admission as principal E-1 trader
Spouse may apply for employment authorization (Form I-765)
Children may attend school but cannot work except with proper authorization
Family members must maintain same nationality as principal applicant
Derivative status terminates when principal E-1 status ends

Renewal and Extension Requirements

Maintaining E-1 Status

Must demonstrate continuing substantial trade between U.S. and treaty country
Business must remain viable and actively engaged in qualifying trade
Must maintain same nationality and treaty country requirements
Cannot have abandoned intent to depart the United States
Must provide updated financial statements and trade documentation
Extensions require new application with supporting evidence

E-1 vs E-2 Comparison

Treaty Trader vs Treaty Investor

E-1 requires substantial trade activity, E-2 requires substantial investment
E-1 focuses on international trade transactions, E-2 on investment in U.S. enterprise
Both require treaty country nationality and temporary intent
Both allow spouse work authorization and family derivative status
Both require principal trader/investor to direct and develop operations
Processing requirements and consular procedures are similar

Common Denial Reasons

Frequent E-1 Application Issues

Failure to demonstrate substantial trade between U.S. and treaty country
Trade not principally between United States and treaty country
Insufficient evidence of supervisory, executive, or specialized skills role
Unable to establish temporary intent and ties to home country
Inadequate documentation of trade activities and business operations
Principal trade not qualifying under treaty provisions
Previous immigration violations or inconsistent statements

Processing Information

Processing Times

E-1 visa processing times vary by consulate but typically take 2-4 weeks after interview. Expedited processing may be available for urgent business needs at some consulates.

Application Fees

DS-160 application fee: $185. Additional reciprocity fees may apply based on nationality. Some consulates require appointment scheduling fees.

Important Considerations

Critical E-1 Requirements

E-1 status is temporary and does not lead directly to permanent residence. Maintain substantial trade throughout stay and preserve intent to depart. Principal trade must always remain between U.S. and treaty country - not with third countries.

Additional Resources

State Department E-1 Information

Official guidance on E-1 treaty trader visas

Visit State Department

Treaty Country Listings

Official list of countries with E-1 treaty agreements

View Treaty Countries

CBP Entry Requirements

Port of entry procedures for E-1 visa holders

Learn About Entry Requirements

DS-160 Application Form

Online nonimmigrant visa application for E-1 visas

Access DS-160 Form