E-1 Treaty Trader Overview
The E-1 Treaty Trader Visa is a nonimmigrant visa for foreign traders or certain employees of corporate entities who conduct substantial trade of at least 50% between the U.S. and their country of nationality.
Requirements of E-2 Visa
- Nationality: Applicant must be a national of a treaty country; and the U.S. entity must be owned at least 50% by nationals of the same treaty country as the applicant. Please check here to see if you are an E-1 eligible country national:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html - Individual Applicant: The treaty trader must be coming to the U.S. solely to engage in substantial trade. If the applicant is an employee of an E-1 eligible entity, then the applicant must serve in an executive/managerial position or possess skills that are essential to the U.S. operations.
- Substantial Trade:
Trade must be mainly between the U.S. and the treaty country, exceeding 50% of total trade.
Business transactions or “trade” can involve goods, services, and technology.
These transactions must be “substantial” – meaning, the volume over time must be ongoing and continuous transactions.
Key Features for E-1 Visa
- No U.S. entity is required: Treaty Trader (E-1) visa applicant is not required to establish a U.S. entity in order to apply for an E-1 visa.
- Immigration Status: Temporary, non-immigrant status. The principal investor or employee must intend to depart the U.S. at the end of the E-1 stay.
- Period of validity: E-1 visa holder is authorized to stay in the U.S. for 2 year periods. Length of the E-1 visa stamp may vary depending on the treaty country. Visa renewals may be possible as long as the U.S. trade business continues to be conducted primarily between the U.S. and the treaty country (comprising more than 50% of the international trade), and employs U.S. workers.
- Work Authorization for Applicant Spouse: A spouse of an E-1 visa holder received automatic work authorization and need not apply for a separate employment authorization document (EAD).
