E-1 Treaty Trader Visa

Similar to the E-2 visa, the E-1 is grounded in treaties of commerce and navigation between the United States and specific countries, meaning that only nationals of treaty countries are eligible to apply.

E-1 Trader Visa Qualifications

To qualify for the E-1 Treaty Trader Visa, applicants must be nationals of a country with which the United States maintains a treaty of commerce and navigation. They must also be actively engaged in substantial trade that is principally between the United States and the treaty country of the applicant’s nationality. This visa category is designed to foster international business relations by providing a pathway for treaty traders and business professionals to conduct their operations in the United States.

When adjudicating an E-1 visa application, U.S. consular officers evaluate whether:

• A valid treaty of commerce and navigation exists between the United States and the applicant’s country of nationality;
• The individual or business possesses the nationality of the treaty country;
• The activities at issue constitute “trade” within the meaning of U.S. immigration law;
• The applicant is coming to the United States solely to engage in substantial trade;
• The majority of the trade is conducted between the United States and the treaty country;
• If the applicant is an employee, they will serve in an executive or supervisory role, or possess skills essential to the U.S. operations; and
• The applicant intends to depart the United States once E-1 status ends.

Together, these requirements ensure that the E-1 visa is reserved for applicants and businesses engaged in meaningful international commerce who can demonstrate a clear and ongoing commitment to maintaining their ties abroad.

Processing times for the E-1 visa vary depending on the consular post, with some embassies offering appointments within a matter of weeks, while others may take several months.

What Counts as “Trade” for the E-1 Visa​?

For E-1 purposes, trade refers to the international exchange of goods, services, or technology between the United States and the treaty country. To qualify, trade must meet three core requirements:

1. There must be an exchange: A meaningful exchange of goods, services, or money must occur between the treaty country and the United States. The exchange must be traceable and identifiable, with title to the trade item passing from one treaty party to the other. Simply transferring funds into a foreign bank account without supporting actual business activity in the treaty country does not qualify.
2. Trade must be international in scope: The goal of the treaty program is to promote international commerce between the United States and treaty nations. Domestic trade within the U.S. alone does not qualify.
3. Trade must involve qualifying activities: The activities must consist of goods or services that are commonly traded in international commerce.

Importantly, trade must already be in existence at the time of application. Applicants cannot qualify for an E-1 visa by seeking to establish or search for a future trading relationship—there must be ongoing, integrated contracts that involve the immediate exchange of qualifying goods or services.

Examples of qualifying trade activities include:

• Goods
• Services
• International banking
• Insurance
• Transportation
• Tourism
• Communications
• News-gathering activities (though some journalists may be better classified under the I visa)

Given the modern economy, many service-based business models—beyond those listed above—may also qualify, so long as the service itself is the commodity sold to clients across borders.

What Counts as “Substantial” Trade for the E-1 Visa?

Qualifying for the E-1 Treaty Trader Visa does not require meeting a specific minimum dollar amount or number of transactions. Instead, U.S. immigration authorities define substantial trade as “the continuous flow of significant international trade items, involving numerous transactions over time.” In practice, adjudicators evaluate both the volume and the value of trade, typically reviewing activity over the 12 months preceding the application.

The key is continuity. A single high-value transaction, such as a one-time invoice of $200,000, is unlikely to qualify as substantial trade. By contrast, 50 separate transactions valued at $4,000 each—though totaling the same $200,000—may satisfy the requirement because they demonstrate a consistent pattern of international commerce.

Importantly, smaller businesses are not excluded from eligibility. A consistent record of numerous smaller-value transactions can demonstrate substantial trade, particularly if the income generated is sufficient to support the treaty trader and their family.

Applicants must also show that their primary purpose in traveling to the United States is to engage in substantial trade. While an incidental or secondary purpose of travel is not disqualifying, the principal reason for seeking E-1 status must be tied to trade activities between the United States and the treaty country.

This standard emphasizes that eligibility depends less on isolated figures and more on the overall pattern and flow of trade, reflecting both business activity and the strength of the international commercial relationship.

What Counts as “Principal” Trade for the E-1 Visa?

Principal trade is a key eligibility factor for the E-1 Treaty Trader visa.U.S. immigration law requires that more than 50 percent of the applicant’s international trade must be between the United States and the treaty country of the applicant’s nationality. This is sometimes misunderstood to mean that U.S. trade must represent 50 percent of a company’s total business, but the correct measure is based only on the company’s international trade (excluding its domestic trade in the treaty country).

For example, consider a U.K. company’s overall transactions broken down as follows:

• 75% with U.K. clients (domestic trade)
• 20% with U.S. clients
• 5% with French clients

Although U.S. clients account for only 20% of the company’s overall business, this still satisfies the E-1 principal trade requirement because 80% of the company’s international trade (20% with the U.S. and 5% with France) is with U.S. clients.

When assessing this criterion, authorities evaluate trade conducted by the legal entity serving as the treaty trader—whether an individual, partnership, joint venture, corporation, or subsidiary. A branch office is not considered a separate legal entity, meaning its trade is measured as part of the larger business of which it is a branch. By contrast, a subsidiary is a distinct legal entity, and its trade can be assessed independently for E-1 purposes.

If the treaty trader meets the 50 percent principal trade requirement, it is not necessary for every E-1 employee to be engaged solely in U.S.–treaty country trade. For instance, an employee of a U.S. subsidiary that principally trades with the treaty country may still qualify, even if their own duties involve third-country or domestic trade.

Can Employees Qualify for E-1 Visa Status?

Qualified employees may accompany or join an E-1 business in the United States under E-1 employee status. To qualify, both the employer and the employee must meet strict requirements under U.S. immigration law.

First, the employer must itself qualify as an E-1 treaty trader. This means the company must be at least 50 percent owned by nationals of the treaty country and must be engaged in substantial principal trade with the United States. If the employer is based in the U.S., it must already be maintaining valid E-1 status to bring in an employee.

Second, the employee must share the nationality of the treaty country and must meet the definition of an “employee” under U.S. immigration law. Employees can qualify in three ways:

• Executive or Supervisory Capacity: The employee is destined for a senior position with authority over the enterprise or a significant division. Factors such as the position title, duties, organizational role, control over decision-making, number and type of employees supervised, and salary level are all taken into account. The key is that executive or supervisory duties must be the primary function of the role, not merely incidental to routine work.
• Essential Skills Employees: An employee who possesses special qualifications essential to the efficient operation of the enterprise may also qualify. These skills may be technical, unique, or otherwise unavailable in the U.S. market. In start-up or expansion cases, even ordinarily skilled workers can be deemed “essential” if their familiarity with the company’s overseas operations makes them indispensable in training or launching U.S. operations. The essential nature of the employee’s skills must be demonstrated at the time of application and reevaluated with each renewal.

Overall, the burden of proof lies with the employer and employee to demonstrate that the applicant meets the qualifications for executive, supervisory, or essential skill status under the E-1 category.

Can Family Members Join an E-1 Visa Holder?

Spouses and unmarried children under the age of 21 may accompany or later join the principal E-1 visa holder in the United States under derivative E-1 status. The nationality of family members does not need to match that of the treaty trader.

The length and validity of a derivative family member’s visa depend either on the reciprocity schedule of their own nationality or on the principal’s authorized stay, whichever is shorter. This applies whether the spouse or child holds the nationality of a treaty country or a non-treaty country.

Spouses of E-1 visa holders are authorized to work in the United States without the need for a separate employment authorization application. Upon admission, their Form I-94 will reflect an admission code (E-1S) confirming their right to engage in employment. Dependent children (E-1Y), however, are not eligible for work authorization, though they are permitted to study while residing in the United States.

Speak with an E-1 Visa Lawyer

If your business is engaged in substantial trade with the United States and you are considering the E-1 Treaty Trader Visa, Barella Global can guide you through every stage of the process. From determining eligibility to preparing a comprehensive application, our team ensures your case is presented clearly and effectively. Contact our office today to schedule a consultation with an experienced E-1 visa lawyer. Alternatively, you can book a consultation online through our booking platform.