E-1 Visa for Treaty Traders: Rules and Benefits
In this guide, I will explain the important aspects of the E-1 visa. If you have any questions, feel free to email me directly at contact@ashoorilaw.com. I’m very responsive via email and I’d be happy to help you.
What is the E-1 Visa?
The E-1 is a nonimmigrant visa for treaty traders from certain treaty countries. The E-1 visa allows eligible nationals to work in the U.S. and carry out substantial trade, principally between the United States and the treaty country of nationality. The trade can be in a wide range of industries including transportation, communication, banking, advertising, and management.
What are the benefits of the E-1 Visa?
There are many benefits to the E-1 Visa. A few of these benefits are as follows.
- You can legally work in the United States.
- You can travel freely in and out of the United States.
- E-1 status is generally granted in up to two-year increments and may be extended indefinitely if you continue to qualify. Visa validity periods vary by reciprocity.
- Your spouse and dependent children (children who are unmarried and under 21 years of age) can also qualify for E-1 status. With E-1 status, your children can attend school, and your spouse is generally employment authorized incident to E-1 status and may apply for an EAD if they prefer formal documentation.
What are the requirements to get the E-1 Visa?
There are multiple requirements that must be met to be eligible for an E-1 visa. An immigration lawyer can help determine if you satisfy these requirements.
| Requirement | What it Means |
|---|---|
| You must be a national of a country with which the United States maintains a treaty of commerce and navigation. | The E-1 visa is only available to nationals of specific countries. Nationals of certain treaty countries are eligible to apply for the E-1 visa. The U.S. Department of State maintains the current list of treaty countries for E visas, and applicants should review the current list before applying. |
| The work you are conducting must be considered “trade” | In order to be eligible for an E-1 visa, the work being conducted must qualify as trade. Trade generally involves the international exchange of goods, services, or technology, and there must be existing qualifying trade between the treaty trader (or treaty enterprise) and the United States. Whether activity qualifies as trade is fact-specific. |
| The trade must be substantial | In order to qualify for the E-1 visa, the trade being conducted must be considered substantial. Substantial trade is defined as trade “sufficient to ensure a continuous flow” between the US and the treaty country. Consular officers consider both the number of transactions and the overall value or volume of trade, depending on the nature of the business. |
| The trade must be principally between the United States and the treaty country. | For the trade to be principally between the US and the treaty country, 50% or more of the volume of international trade conducted by the treaty trader must be between the US and the treaty country. |
| You must be coming to the United States in an executive or managerial capacity, or to perform duties requiring essential skills. | In order to be granted the E-1 visa, you must not only be of the same nationality of the primary employer and have evidence of being legally employed, but you must have valid evidence to show you are necessary for the company to run efficiently. This could include your role and qualifications as a supervisor, manager or executive, or otherwise having special qualifications. |
| You must provide evidence that you plan on departing the US following the termination of your E-1 visa status. | Although you are not required to provide evidence that you will maintain property abroad, you must demonstrate that you will leave the United States upon the termination of your E-1 visa status. This may be supported by a statement and other evidence depending on the case. |
1. You must be a national of a country with which the United States maintains a treaty of commerce and navigation.
The E-1 visa is only available to nationals of specific countries. Nationals of certain treaty countries are eligible to apply for the E-1 visa. The U.S. Department of State maintains the current list of treaty countries for E visas, and applicants should review the current list before applying.
Additionally, if the treaty trader is a business (rather than an individual), at least 50% of the business must be owned by nationals of the treaty country. Only employees who are nationals of that treaty country are eligible for the E-1 visa. There are two exceptions to this rule:
- If the business is owned equally by nationals of two treaty countries, it can be considered a joint venture. In this situation, nationals of either of these two countries are eligible for an E-1 visa.
- In some situations, the treaty between the US and the treaty country extends to certain territories and possessions beyond the treaty country (for example, the United Kingdom). In these cases, residents of these locations may be eligible for an E-1 visa.
2. The work you are conducting must be considered “trade”
In order to be eligible for an E-1 visa, the work being conducted must qualify as trade. Trade generally involves the international exchange of goods, services, or technology, and there must be existing qualifying trade between the treaty trader (or treaty enterprise) and the United States. Whether activity qualifies as trade is fact-specific.
3. The trade must be substantial
In order to qualify for the E-1 visa, the trade being conducted must be considered substantial. Substantial trade is defined as trade “sufficient to ensure a continuous flow” between the US and the treaty country. Consular officers consider both the number of transactions and the overall value or volume of trade, depending on the nature of the business.
4. The trade must be principally between the United States and the treaty country.
For the trade to be principally between the US and the treaty country, 50% or more of the volume of international trade conducted by the treaty trader must be between the US and the treaty country.
5. You must be coming to the United States in an executive or managerial capacity, or to perform duties requiring essential skills.
In order to be granted the E-1 visa, you must not only be of the same nationality of the primary employer and have evidence of being legally employed, but you must have valid evidence to show you are necessary for the company to run efficiently. This could include your role and qualifications as a supervisor, manager or executive, or otherwise having special qualifications.
6. You must provide evidence that you plan on departing the US following the termination of your E-1 visa status.
Although you are not required to provide evidence that you will maintain property abroad, you must demonstrate that you will leave the United States upon the termination of your E-1 visa status. This may be supported by a statement and other evidence depending on the case.
E-1 Visa Process
Applying for an E-1 visa is a multistep process. The following will explain the process of applying for an E-1 visa. An immigration lawyer can help you through this process.
Applying for an E-1 can be done either from within the US through USCIS or from outside the US through a US Consulate. Regardless of which method you choose, some documents will be required:
- Form G-28: The Form G-28 is the Notice of Entry of Appearance as Attorney or Accredited Representative. This document is filled out by your attorney or representative and shows they are eligible to act on your behalf;
- Passport or copy of biographic page of passport;
- Evidence you meet the conditions to be eligible for E-1 status;
- Information about the business, such as what business they conduct, what their scope of business is, and who owns the business;
- US Company Support Statement: The US Company support statement comes from your US employer and explains why your services are necessary for the enterprise’s activities;
- Evidence you intend to leave following the termination of E-1 status.
Applying for E-1 Visa
If you are outside the US, you will have to apply for an E-1 visa at a consulate or embassy abroad. To apply for an E-1 visa, you should work with an experienced immigration attorney to collect and prepare all of the necessary documentation to submit with your application. Please be aware that different consulates have different requirements on the types of documentation required and how the documentation is to be organized and presented. Make sure to check the consulate website to ensure your paperwork is submitted correctly. Please be aware that some consulates limit or restrict applications from third-country nationals; applicants should check the specific consulate’s current policy.
Once all of the necessary documentation is assembled, you will complete Form DS-160 (often with your attorney’s assistance) and certify the application information. The Form DS-160: Form DS-160 is the Online Nonimmigrant Visa Application. The information on this document helps consular officers determine if you are eligible for a nonimmigrant visa, such as the E-1 visa.
You (often with your attorney’s assistance) will also prepare the treaty trader application, which is typically Form DS-156E or the consulate’s required E-visa application package. In this form, you provide information about the company and yourself. This document also helps consular officers determine if you should be granted an E-1 visa.
Your attorney can then submit your complete E-1 visa application along with all supporting documentation directly to the consulate.
At the appropriate time, you will then schedule a personal interview with a consular officer. Your attorney should prepare you for what to expect at the visa interview.
At the interview, you may be asked various questions about your E-1 business, your personal background, immigration plans, etc. Following the interview, visa issuance timing varies by consulate and may take days to weeks, or longer in some cases.
With the E-1 visa, you will be able to enter the United States based on the terms of the visa. Upon entry to the U.S. you will receive E-1 status.
Change of Status
If you are inside the United States in a valid non-immigrant status, and have maintained continuous nonimmigrant status, you may be eligible to request a change of status to E-1 status. This is done by filing a change of status petition with USCIS.
To file a change of status, you should work closely with an experienced immigration lawyer. Your immigration lawyer will work with you to compile all of the necessary documentation required to process the change of status request.
Your lawyer will also complete the Form I-129 on your behalf. The Form I-129 is the Petition for a Nonimmigrant Worker. You must also complete the E-supplement of this form.
In addition, you may wish to file a Form I-907. The Form I-907 is a Request of Premium Processing Services. This document can be filed to request faster processing of your application.
Once all of the documents are compiled and the forms are completed, your attorney will then submit the completed application to USCIS, along with a copy of biographic page of passport and a copy of your I-94 card.
Upon approval of your change of status, you will receive E-1 status. This is not a visa. Through the approved change of status, you will receive a new I-94 reflecting your new E-1 status and the date through which your status is valid.
The entire change of status process takes place from within the U.S.
What documents are required for the E-1 Visa?
Many documents may be required during the E-1 visa application process. The following is a list of some of the documents that may be required. Please be aware this is only a general list and the documents required will vary depending on the individual situation. An immigration lawyer can help you determine which documents are required for you specifically based on your particular circumstances.
- Information proving the ownership and nationality of the business (such as, but not limited to, Articles of Incorporation, Articles of Organization, certificates of ownership, Annual Reports, stock exchange listings, and/or a statement from certified accountant);
- Information proving evidence of substantial trade (such as, but not limited to, contracts, receipts, inventories, financial statements, and/or copies of business plans);
- Evidence that you intend to return to your home following your stay in the United States (such as, but not limited to, a property deed, a signed statement, evidence of plans in a foreign country upon termination of E-1 visa status);
- Form DS-160;
- Form DS-156E;
- Form I-129;
- Form I-907;
- Form G-28;
- Valid passport or copy of biographic page from passport;
- I-94 Card;
- Valid visa photo;
- Receipts showing you have paid fees;
- Visa appointment letter;
- Letter from employer.
E-1 Visa Fees
E-1 Visa
Government filing fees vary and are subject to change. Check the current USCIS fee schedule for Form I-129, Form I-539, and Form I-907 (if applicable) before filing.
Change of Status
If you are applying for a change of status, government filing fees vary and are subject to change. Check the current USCIS fee schedule for Form I-129 and Form I-907 (if applicable) before filing. Dependents generally file Form I-539 (and may need Form I-765 for an EAD in some cases). Fees vary, confirm current fees on USCIS before filing.
E-1 Visa Processing Time
E-1 Visa
The overall time it takes to process your E-1 visa can vary depending on many factors, including the time of year and the individual consulate you use. With that said, Processing times for E-1 visa applications vary by consulate and can range from a few weeks to several months; check the specific consulate’s current estimates.
Change of Status
Processing times for Form I-129 petitions vary by USCIS service center and workload; review current USCIS processing time estimates. With premium processing (if available), USCIS generally takes action within 15 business days (approval, RFE, NOID, or denial).
E-1 Extension
E-1 status is generally granted in up to two-year increments per admission or approval, and there is no limit on the number of extensions if you continue to qualify. Visa validity periods vary by reciprocity. To apply for an extension of status, here are some forms you may need to file with USCIS:
- Form I-129: Form I-129 is the Petition for a Nonimmigrant Worker. This document requests that a foreign national be allowed to work for a temporary period in the United States.
- Form I-539: Form I-539 is the Application to Extend/Change Nonimmigrant Status. This document requests an E-1 extension of status for your dependents.
Employees with an E-1 visa may work for the treaty organization’s parent company or subsidiaries as long as there is an established relationship and the employment requires executive, supervisory, or essential skills.
I, or someone from my team, would be happy to discuss your E-1 options with you and help you with any additional questions.
Common FAQs
- What is an E-1 visa?
The E-1 visa is a nonimmigrant treaty trader visa for nationals of countries with a qualifying treaty with the United States. It allows individuals to enter the U.S. to engage in substantial trade principally between the U.S. and the treaty country. Eligibility depends on treaty nationality, the volume and nature of trade, and the applicant’s role in the enterprise.
- Can an E-1 visa holder apply for a green card?
The E-1 visa is a nonimmigrant category and does not directly lead to a green card. Some E-1 holders may later pursue permanent residence through family-based or employment-based options if eligible. Because the E-1 visa is not considered dual intent, careful timing and planning are important.
- How do you apply for an E-1 visa?
Most E-1 applicants apply at a U.S. consulate by submitting evidence of treaty nationality, qualifying trade, and the applicant’s role in the business. Some applicants already in the U.S. may apply through USCIS for a change or extension of status if eligible.
- What is the difference between the E-1 and E-2 visa?
The E-1 visa is based on substantial trade between the U.S. and the treaty country, while the E-2 visa is based on a substantial investment in a U.S. business. The appropriate category depends on whether the business activity is primarily trade-focused or investment-focused.
- How can an E-1 visa holder change status to a green card?
There is no direct conversion from an E-1 visa to a green card. However, E-1 holders may pursue permanent residence through qualifying family or employment-based categories. Many employment-based options require employer sponsorship and advance planning.
Conclusion
The E-1 is a nonimmigrant visa for treaty traders from certain treaty countries. It allows eligible nationals to work in the United States and engage in substantial trade, principally between the United States and the treaty country of nationality. You should now have a much stronger understanding of the various aspects of the E-1 visa, including the E-1 visa benefits, the E-1 visa requirements, and the E-1 visa process.
If you have any questions on any of the information discussed in this guide, feel free to email me directly at contact@ashoorilaw.com. I’m very responsive via email and happy to help you.
Resources
- Business Immigration Law & Practice: Second Edition
- US Citizenship and Immigration Services
- US Department of State
Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.