Live in the US while running international trade
The E-1 Treaty Trader visa allows citizens of treaty countries to live and work in the United States so they can carry on substantial trade between the US and their home country. It is designed for business owners, managers and key employees of companies whose international trade flows mainly between the two countries.
Trade under the E-1 visa is defined broadly. It covers not only physical goods but also services, technology, international banking, insurance, transportation, tourism, communications and other forms of international commerce. Unlike many US work visas, there is no annual cap and no lottery, and the E-1 can be renewed for as long as your business continues to qualify.
Who qualifies for an E-1 visa?
- Treaty nationality. You must be a citizen of a country that has a treaty of commerce and navigation with the United States. The trading company must also have that nationality, which means at least 50% of it must be owned by citizens of the treaty country.
- Substantial trade. The trade must involve a continuous flow of sizable international transactions over time. A single large deal or occasional sales do not qualify. Both the volume and the frequency of trade matter.
- Trade principally with your treaty country. More than 50% of the company’s international trade must be between the United States and the treaty country.
- A qualifying role. You must be the principal trader, or an employee in an executive or supervisory position, or have skills that are essential to the company’s operations in the US. Employees must share the company’s treaty nationality.
- Intent to depart. The E-1 is a nonimmigrant visa, so you must intend to leave the US when your E-1 status ends.
What counts as substantial trade?
There is no minimum dollar amount. Instead, officers look at the overall picture of your business: the number of transactions, their value, and how regularly they occur. A smaller company can qualify if it has a steady record of international transactions and generates enough income to support you and your family in the US. Larger companies with high-value trade may qualify with fewer, larger transactions, provided the trade is ongoing.
Documents that support an E-1 case
A strong E-1 application shows the trade on paper. Useful evidence often includes:
- Invoices, purchase orders and sales contracts
- Bills of lading, shipping records and customs documents
- Bank statements and wire transfer records
- Letters of credit and insurance records
- Company ownership documents and financial statements
- A clear explanation of your role and why it is executive, supervisory or essential
We help you organize this evidence so that the volume, frequency and direction of your trade are easy for the officer to see.
Benefits of the E-1 visa
- Renewable status. E-1 status can be extended for as long as you keep qualifying, with no fixed limit on the total time you can spend in the US.
- Family included. Your spouse and unmarried children under 21 can live with you in the US.
- Spouse can work. Your spouse is authorized to work in the United States in any job.
- Children can study. Your children can attend US schools, colleges and universities.
- Key staff can join. Qualifying employees of the trading company may also receive E-1 visas.
The E-1 application process
- Eligibility review. We confirm your treaty nationality, the company’s ownership, and whether your trade is substantial and principally between the US and your treaty country.
- Evidence and business documents. We gather and organize trade records, financial statements and ownership documents, and describe your role in the company.
- Application. Most applicants apply at a US embassy or consulate in their home country. Some applicants already in the US in another status may be able to change status through USCIS instead.
- Interview. We prepare you for your consular interview so you can explain your business and trade clearly.
- Entry and renewals. E-1 visa validity depends on your country of nationality. Each entry usually gives up to two years in the US, and you can extend or renew while your business continues to qualify.
E-1 or E-2: which is right for you?
The E-1 and E-2 Treaty Investor Visa are closely related, and both require treaty nationality. The difference is the basis of the visa. E-1 is based on international trade; E-2 is based on an investment in a US business. If your company already imports, exports or provides services across borders, the E-1 may fit without a large investment. If you plan to buy or start a US business, the E-2 may be the better choice. Some businesses qualify for both.
Frequently asked questions
Which countries qualify for E-1? Many countries have E-1 treaties with the United States, including Japan, South Korea and Taiwan. Some countries, including India, do not currently have one. The US State Department maintains the official list, and we can confirm your eligibility.
Does the E-1 lead to a green card? Not directly, but many E-1 traders and employees later qualify for a green card through another route, such as an EB-1 multinational executive petition or EB-5 investment.
Can I work for another company on an E-1 visa? No. You may work only for the qualifying trading company.
Talk to an E-1 treaty trader visa attorney
E-1 cases turn on documenting the volume and pattern of your trade. Book a Zoom consultation to review your company’s trade records and find out whether the E-1 is right for your business.
This page is general information, not legal advice. Treaty countries and visa validity periods vary; confirm current requirements with an attorney.