An E-1 treaty trader visa allows individuals from treaty countries to enter the United States to engage in international trade.  Treaty traders must be citizens of a country that has a bilateral treaty with the US for commerce and navigation. Certain employees of a qualifying E-1 entity may also be eligible for this classification.

The E-1 treaty trader visa is similar to the E-2 treaty investor visa but has some very important distinctions.

1. There must be a reciprocal treaty between the US and the country of citizenship of the applicant. That list appears here.  The list contains both E-1 and E-2 treaty countries. Note that some countries have treaties specifically for the E-2 visa, but not for the E-1 visa and vice versa. Thus, you have to be sure that you are looking at the correct visa designation. Also note that this nationality requirement does not apply to qualifying family members applying with the applicant.

2. As an E-1 visa applicant, you must have the same nationality as the majority shareholder of the company that is petitioning for you. Thus, in order to qualify, the business must be owned at least 50% by citizens of the treaty country.

3. There must be trade (an exchange of goods or services). There is no set requirement for what those goods or services should be.

4. Trade must be substantial. This means that there must be either a high value to the goods or services traded or there must be frequent trade.  For example, a whole shipping container of goods twice per year could be substantial as could shipping fifty cell phone cases  internationally every week.

5. Trade is not limited to physical goods and can also be in the form of services as well, including banking, tourism, technology, communications or insurance.
6. The principle trade must be primarily between the treaty country and the US. For example, if a Canadian company is engaged in both domestic and overseas sales, we would first look at the portion of sales that are international.  Let’s say that overseas sales are to the US, Italy and India.  In this example, 50% or more of the overseas trade volume must be between Canada and the US in order to qualify.

7. The trade must already be in place and must be proven to the consular officer with evidence such as bills of lading, invoices, receipts, contracts, sales orders and the like.

8. The foreign national applying for this status must either be the principal trader or a person of the same nationality who is coming to work in an executive, managerial or specialized/essential position in the US entity.

9. As with the E-2 category, this is a non-immigrant visa that requires acknowledgement of intent to depart the US upon conclusion of the visa stay (however, it can be renewed in indefinite increments).

Many of the treaties allow for a five-year visa.  Others are reciprocally limited.  Our office is able to advise clients on the maximum length of stay based upon your nationality.

The differences between the E-1 and E-2 visa categories are the following:

1. The E-1 does not contain a specific employment creation requirement. The E-2, in contrast, requires that US workers are employed so that the treaty enterprise is not considered marginal.
2. There is no set investment requirement for the E-1.

In certain circumstances, a qualifying foreign national could apply in the US for a change of status to E-1.  However, a change of status is not the same as a visa and does not allow an applicant the ability to leave the US and re-enter in E-1 status. This would only benefit an applicant for two years and only if there is no need to leave the US.

The preferable path to obtain E-1 status is to apply for a visa directly with the US consulate in the country of the applicant’s primary overseas residence.  You will almost always be issued a visa for multiple entries, depending on the visa rules for the treaty country.  Each time you enter the US with this visa, you will be granted two years of stay in E-1 status. For that reason, you must travel outside of the US at least once every two years with the E-1 visa.

Each consulate has its own particular method and special requirements for the submission of applications.  Our office expertly prepares and coordinates the entire process from the initial establishment of the E-1 company to the submission and approval of a complete and comprehensive E-1 Visa petition package.