What Is the E-1 Treaty Trader Visa and How to Obtain It?

Index

• E-1 Treaty Trader Visa: Updated Guide 2025
• What Is The E-1 Visa?
• E-1 vs E-2 Visa: What Are the Differences?
• What is the difference between an E-1 visa and E-1 status?
• Who Is Eligible for an E-1 Visa? (E-1 Visa Requirements)
• E-1 Visa Application Process (2025)
• E-1 Visa Required Documents (Document Checklist 2025)
• What Can You Do with an E-1 Visa? Eligible Business Models
• Benefits of the E-1 Visa
• Can an E-1 Visa Lead to a Green Card?
• E-1 Visa Frequently Asked Questions (FAQ)
• Ready to Apply for an E-1 Treaty Trader Visa?

E-1 Treaty Trader Visa: Updated Guide 2025

What is E-1 Visa: The E-1 Treaty Trader Visa is a nonimmigrant visa that allows nationals of treaty countries to engage in significant trade between the United States and their home country. With this visa, you can expand your business operations in America and live there with your family.

This updated guide explains:

- USCIS E-1 Treaty Trader visa requirements,

- the application process and key forms,

- the differences between the E-1 and E-2 visas, and it also covers rights for dependents and E-1 employee visa requirements.

What Is The E-1 Visa?   

The E-1 visa is designed for citizens of countries that have a treaty of commerce with the United States. It is often referred to as the Treaty Trader Visa. Eligibility is based on proof that the applicant or their company is engaged in substantial trade, meaning regular and significant commercial transactions, where at least 50% of the total trade is conducted between the U.S. and the treaty country.

Trade under the E-1 visa is not limited to goods. It also includes services, technology, banking, tourism, transportation, and other professional sectors.

E-1 vs E-2 Visa: What Are the Differences?

E-2 and E-1 visas offer significant immigration options for foreign investors and businesspeople. However, there are differences between these two visas. Here are the main differences between the E-1 and E-2 visas: 

Important Note: The validity period of E-1 and E-2 visas issued at a U.S. consulate, the number of entries allowed, and any additional issuance fees vary by country. To check the most up-to-date validity period and reciprocity terms for your country, refer to the official U.S. Department of State Visa Reciprocity Schedule.
 

Who Is Eligible for an E-1 Visa? (E-1 Visa Requirements)   

To qualify for an E-1 Treaty Trader Visa, both the applicant and the trading business must meet specific eligibility requirements.

According to USCIS E-1 reaty trader overview list and the U.S. Department of State, the criteria include the following:

1. Treaty Country Nationality: The applicant must be a national (citizen) of a treaty country that maintains a treaty of commerce and navigation with the United States. See the list of eligible treaty countries.

2. Substantial Trade (Continuous and Significant): Applicants must demonstrate substantial trade, which means they must show continuous and regular commercial transactions of significant value between the U.S. and the treaty country. A single large transaction is insufficient; there must be an ongoing flow of trade.

According to USCIS, numerous transactions must be conducted over time to demonstrate a consistent flow of trade.

For instance, a one-time export valued at $1 million would not qualify. However, multiple shipments over the course of a year, such as ten separate invoices issued at different times, may meet the "substantial trade" requirement.

3. Principal Trade: More than 50% with the U.S.

At least 50% of international trade must occur between the United States and the treaty country. For example, if a company is based in Turkey, over half of its international trade must be with the U.S.

4. Ownership and Nationality of the Business:  At least 50% of a trading company must be owned by nationals of the treaty country. This rule is important for those planning to establish a U.S. company under the E-1 Treaty Trader Visa program.

5. Role of the Applicant and E-1 Employee Visa Requirements

The applicant must:

• Be the principal trader (owner or executive); or
• Be employed in an executive, supervisory, or essential skills capacity. (This means that key professionals whose expertise is essential to the business's success may also qualify.)

E-1 Visa Application Process (2025)

Applying from Outside the U.S. (Consular Processing)

• Complete the DS-160 Online Nonimmigrant Visa Application.

• Prepare the DS-156E form with detailed company information.

• Schedule a visa interview appointment and attend the consular interview.

• Document requirements and submission format may vary depending on the U.S. consulate. Always check the specific instructions on the consulate’s official website.

• Most U.S. consulates do not accept applications from third-country nationals. You typically must apply at the consulate in your country of nationality.

Applying from Inside the U.S. (Change of Status)

• File Form I-129 (with the E-1/E-2 Classification Supplement) to USCIS.

• Optional: File Form I-907 (Request for Premium Processing Service) to expedite the application. With premium processing, USCIS will issue a decision (approval, denial, or RFE) within 15 calendar days.

Important: An approved change of status grants you E-1 status, not a new visa. If you leave the United States, you must apply for an E-1 visa at a U.S. consulate abroad in order to re-enter.

E-1 Visa Required Documents (Document Checklist 2025) 

Most U.S. consulates may request different documents, but the following are generally required for an E-1 visa application:

1. Forms and Official Documents

• Form DS-160: Online Nonimmigrant Visa Application
• Form DS-156E: Nonimmigrant Treaty Trader Application (for company details)
• Form I-129 (with the E Supplement): For change of status or extension of stay inside the U.S.
• Form I-907 (Premium Processing, optional): To request expedited processing through USCIS
• Form G-28: Notice of Entry of Appearance (if represented by an attorney)
• A valid passport (or a copy of the biographic page)
• Recent visa-compliant photograph
• Visa appointment confirmation and proof of fee payment

2. Company Information

• Articles of incorporation, business registration, or other corporate formation documents
• Ownership details (shareholders and equity split) and management structure (executives and decision-makers)
• Lease agreement or property deed for business premises
• Evidence of employees (e.g., IRS Form 941, payroll records)
• U.S. Company Support Statement/employer letter explaining the necessity of the applicant’s role

3. Proof of Trade Activities

• This includes contracts, invoices, bills of lading (proof of shipped goods), and customs documents that demonstrate trade with the U.S.
• Records proving continuous and substantial trade
• Documentation showing that at least 50% of the principal trade is between the U.S. and the treaty country.

4. Comprehensive Business Plan

• Description of planned operations in the U.S.
• Five-year sales and growth projections
• Products/services offered
• Current and projected staffing levels
• Economic contribution to the U.S. (employment, investment, taxes, etc.)

5. Financial Records

• Tax returns (domestic or foreign)
• Bank account statements
• Annual reports and financial statements

6. Applicant’s Role and Intent to Depart

• Resume, educational background, and work history
• Organizational chart showing the applicant’s position within the company hierarchy
• Evidence of intent to depart the U.S. after E-1 status ends (property deed, rental agreements, family ties, or a signed statement)

What Can You Do with an E-1 Visa? Eligible Business Models

The E-1 Treaty Trader Visa is not limited to exporting goods. According to USCIS and the U.S. Department of State, trade under the E-1 visa covers a wide range of business models, including goods, services, technology, and even financial activities. Here are some examples:

Physical Goods (Import and Export)

• Consumer goods (clothing, footwear, electronics, household items)

• Food and agricultural products (processed foods, beverages, grains, produce)

• Industrial goods (machinery, auto parts, medical equipment)

• Creative and design products (furniture, crafts, specialty items)

Example: A company that regularly exports consumer electronics to U.S. distributors, or imports medical equipment from the U.S. for use in its home country.

Services and Professional Trade

• Management consulting and advisory services

• Accounting, auditing, and tax consulting

• Marketing, advertising, and design services

• International banking and insurance services

• Tourism, hospitality, and logistics

Example: A logistics firm that manages shipments between U.S. ports and a treaty country, or a consulting company that provides ongoing services to U.S. clients.

Technology and Digital Business Models

• IT consulting and software development

• Technology transfer and licensing agreements

• E-commerce platforms and digital marketplaces (selling goods or services online to U.S. customers through international sales channels such as Amazon, Shopify, or your own website)

• Communication and data processing services

• Engineering and technical project management

Example: An IT consulting company providing software development services to U.S. clients on a recurring basis.

Benefits of the E-1 Visa   

Right to Conduct and Expand Trade in the U.S.

E-1 visa holders have the exciting opportunity to directly manage and grow business operations in the vibrant U.S. market. This visa opens doors not only to conducting dynamic trade but also to expanding by building robust distribution networks and deepening valuable trade relationships.

E-1 Spouse Work Authorization (Incident to Status)

Spouses of E-1 visa holders are automatically authorized to work in the United States. Under USCIS policy, this is granted incident to status, meaning no separate Employment Authorization Document (EAD) is required.

E-1 Dependents: Children's Education

E-1 dependents include unmarried children under the age of 21. They can attend U.S. schools and universities, but they cannot work under E-1 status.

Visa Renewal and Continuity of Status

E-1 status is typically granted for two years but can be renewed indefinitely as long as trade continues. When renewing their visa, applicants may be asked to demonstrate business growth and progress toward their business plan. Depending on reciprocity schedules, consular visas are often valid for multiple years (commonly up to five).

Tax Benefits and Business Support

Operating in the U.S. may provide E-1 visa holders with access to state-level tax incentives, startup support, and other financial benefits that can help reduce costs and grow their businesses.

Access to Global Trade Networks

The United States is a gateway to global commerce. By conducting business here, E-1 visa holders can expand their network not only across the U.S. but also into Europe, Asia, and other regions.

Can an E-1 Visa Lead to a Green Card?

The E-1 Treaty Trader Visa is a nonimmigrant visa, which means it does not directly provide a path to permanent residency (Green Card). E-1 visa holders are expected to maintain an intent to depart the United States once their status ends.

Still, many treaty traders later transition to permanent residency through other immigration categories, including:

• EB-1C (Multinational Manager or Executive Green Card): This category is for executives or managers who work for multinational companies with U.S. operations.
• EB-2 NIW (National Interest Waiver): This category is for professionals with advanced degrees or exceptional abilities whose work benefits the U.S. national interest.
• EB-5 Immigrant Investor Program: For investors who make a qualifying investment of at least $800,000-$1,050,000 in a U.S. business that creates at least 10 full-time jobs.

While the E-1 visa itself is temporary, these employment- and family-based immigration options can provide a long-term route to a green card. 

E-1 Visa Frequently Asked Questions (FAQ)

Who is eligible for an E-1 visa?

To qualify, you must be a national of a treaty country and either own at least 50% of a business engaged in substantial trade with the U.S. or work in that business as an executive, supervisor, or employee with essential skills. At least half of the company’s international trade must be with the U.S.

How long does it take to get an E-1 visa?

E-1 visa processing times usually take a few weeks to 2-3 months if applying through a U.S. consulate, depending on interview wait times. A change of status with U.S. Citizenship and Immigration Services (USCIS) takes about six to eight months, but premium processing (Form I-907) can provide a decision within 15 days.

Can employees apply for an E-1 visa?

Yes, besides the principal treaty trader, certain company employees may qualify for an E-1 visa if they meet the following criteria:

- They have the same nationality as the treaty company.

- They are employed in an executive, supervisory, or essential skills role.

- They may also work for a parent or subsidiary of the treaty company, provided that a qualifying relationship exists.

Who are considered dependents for the E-1 visa?

For immigration purposes, “dependents” include only the spouse and unmarried children under 21 of the principal E-1 visa holder. Other family members, such as parents or siblings, are not eligible.

Can I bring my family with me on an E-1 visa?

Yes, holders of an E-1 visa may be accompanied by their spouse and any unmarried children under the age of 21. Spouses are authorized to work in the U.S., while children are permitted to study but not to work.

Do E-1 visa spouses need a work permit?

No. Spouses of E-1 visa holders are authorized to work incident to status, meaning they do not need a separate work permit (EAD). Their I-94 should list the code “E-1S” to confirm eligibility; if the “S” is missing, some employers may raise questions.

What documents are required for an E-1 visa application?

Typical documents include:

• DS-160 and DS-156E forms

• Proof of business ownership and nationality

• Contracts, invoices, shipping and customs documents showing substantial trade

• Business plan and financial records

• Evidence of the applicant’s executive or essential role

• Valid passport, photo, and consular appointment confirmation

How much money is required for an E-1 visa?

There is no fixed minimum investment. Instead, applicants must show substantial trade, meaning regular and significant transactions between the treaty country and the U.S. A single large shipment is not enough, trade must be continuous.

How long is an E-1 visa valid, and can it be renewed?

The E-1 visa is usually issued for up to 5 years, depending on the reciprocity agreement with the applicant’s country. Each entry to the U.S. grants 2 years of E-1 status, and extensions can be requested in 2-year increments with no maximum limit, as long as substantial trade continues.

Ready to Apply for an E-1 Treaty Trader Visa?

The E-1 Treaty Trader Visa process can be complex, as it requires extensive documentation and strict compliance with all criteria. Meeting the E-1 visa requirements for trade professionals often means proving substantial trade volume, showing that more than half of your business is with the U.S., and submitting detailed business and financial records. Each consulate or USCIS office may request documents in different formats, making professional guidance essential.

At Gozel Law, we carefully analyze your company’s situation, provide you with a customized list of required documents, and guide you step by step through the preparation and submission process.

With our immigration expertise and proven success, we assist clients applying for the E-1 Treaty Trader Visa in North Bergen, NJ, across New Jersey, including South Jersey, and throughout the United States. If you are searching for the best immigration lawyer in NJ to guide your E-1 visa application, our experienced team is ready to support you and your family in building a future in America.

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