E-1 Treaty Trader Visa

Introduction: Facilitating Trade Through Strategic Immigration Law

The E-1 Treaty Trader visa provides a nonimmigrant pathway for nationals of treaty countries to engage in substantial international trade with the United States. This visa category plays a pivotal role in promoting bilateral economic cooperation and serves as an essential tool for businesses that maintain active cross-border commercial operations.

Unlike employment-based visas that hinge on job offers or labor certifications, the E-1 visa is based on trade activity and nationality. It is especially useful for foreign companies expanding into the U.S. market, as well as for individuals directly involved in the exchange of goods, services, or technology. At OCHOA PLLC, we offer focused immigration legal services for professionals and entities seeking E-1 classification, ensuring compliance with statutory requirements and consular protocols.

What Is the E-1 Treaty Trader Visa?

The E-1 visa is a nonimmigrant classification available to individuals who are citizens of countries that maintain a qualifying treaty of commerce and navigation with the United States. It authorizes foreign nationals to enter and remain in the U.S. to carry out substantial international trade between the United States and their country of nationality.

This visa category is governed by INA § 101(a)(15)(E)(i) and interpreted through the Foreign Affairs Manual (9 FAM 402.9-5). It is a temporary visa but may be renewed indefinitely, provided the trade activity continues and remains compliant with visa requirements.

Who Qualifies for the E-1 Visa?

To be eligible for the E-1 Treaty Trader visa, the applicant must demonstrate that they:

• Are a national of a treaty country
• Intend to enter the U.S. to engage in substantial trade
• Will carry out trade that is principally between the United States and the treaty country

Both individual traders and employees of qualifying trading enterprises may be eligible. Employees must:

• Share the nationality of the treaty trader or entity
• Hold executive, supervisory, or essential skills roles within the company
• Be employed by a business that meets the E-1 qualifications

The visa is not limited to business owners. High-level employees responsible for the execution or oversight of trade operations may also qualify.

Legal Requirements for E-1 Classification

The success of an E-1 visa petition hinges on satisfying specific legal criteria. These are outlined in the Department of State’s guidance and are consistently reviewed by consular officers and USCIS (for change of status within the U.S.).

Treaty Country and Nationality

The applicant must be a citizen of a country that holds a qualifying treaty with the United States. Permanent residents of the treaty country do not qualify unless they hold citizenship.

Substantial Trade

The term “substantial” does not denote a fixed monetary threshold. Rather, it refers to the volume, frequency, and continuity of trade activity. Key considerations include:

• Number of transactions over time
• Ongoing nature of trade
• Trade value (monetary volume of goods/services exchanged)
• Whether the business supports the trader and the U.S.-based operations

Trade may include tangible goods (machinery, raw materials, consumer products) and intangible services (consulting, IT support, financial services, legal services, etc.).

50 Percent Trade Rule

At least 50% of the total international trade conducted by the treaty enterprise must be between the United States and the treaty country. This requirement is jurisdictional and fact-specific—requiring careful presentation of documentation and financial data.

Principal Role in Trade

For individual applicants, the visa holder must either:

• Be the principal trader responsible for directing the trade, or
• Be employed in a position that is executive, supervisory, or essential to the successful operation of the trade enterprise

Clerical or non-specialized workers are not eligible under the E-1 classification.

E-1 Treaty Countries

As of 2025, the United States maintains E-1 treaties with over 50 countries, including:

• Argentina
• Australia
• Austria
• Belgium
• Canada
• France
• Germany
• Italy
• Japan
• Mexico
• Netherlands
• South Korea
• Spain
• Sweden
• United Kingdom

A complete, updated list of qualifying treaty countries is available on the U.S. Department of State’s E Visa Treaty Country List. The applicant’s passport nationality must match the treaty country for eligibility.

Application Process and Required Forms

If Applying Outside the United States (Consular Processing):

Applicants outside the U.S. will file through the U.S. embassy or consulate in their home country. Each post has its own set of instructions and submission protocols, but standard forms include:

• Form DS-160 – Online Nonimmigrant Visa Application
• Form DS-156E – Nonimmigrant Treaty Trader Application

Supporting documentation must be compiled in a comprehensive evidentiary packet, which will be reviewed during the visa interview.

If Applying Within the U.S. (Change or Extension of Status):

• Form I-129 – Petition for a Nonimmigrant Worker
• E Supplement to Form I-129

This pathway is generally used by applicants already lawfully in the U.S. under a different status who wish to change or extend their stay in E-1 classification.

Required Supporting Documentation

Each E-1 visa application must be supported by evidence tailored to the business model and volume of trade. The following are commonly submitted:

• Proof of Treaty Nationality (passport)
• Business registration and ownership documents
• Trade contracts and invoices
• Shipping and customs documents
• Financial statements and bank records
• Trade flow charts showing percentages between the U.S. and treaty country
• Job descriptions and CVs for employee applicants
• Company organizational chart
• Proof of business legitimacy in both countries

Each U.S. embassy may publish its own E-1 document checklist, which should be strictly followed. At OCHOA PLLC, we tailor each submission to meet consular preferences and maximize clarity for adjudicating officers.

Duration of Stay and Renewals

The initial period of stay for an E-1 visa holder is typically granted for up to two years. However:

• The visa itself may be valid for up to five years, depending on the treaty country
• Extensions may be granted in two-year increments
• There is no maximum number of extensions, provided the applicant continues to meet the E-1 criteria

Unlike immigrant visas, the E-1 does not confer permanent residency. However, it offers a viable long-term option for nationals engaged in consistent trade activity with the U.S.

Family Members of E-1 Visa Holders

Spouses and unmarried children under 21 may accompany the principal E-1 visa holder:

• Spouses may apply for work authorization using Form I-765 and are not limited to employment in the E-1 enterprise.
• Children may attend school in the U.S. but are not eligible for employment.

Derivative visas do not require treaty nationality—only the principal applicant must hold citizenship of the treaty country.

Conclusion

The E-1 Treaty Trader visa provides a specialized yet powerful immigration tool for individuals and businesses engaged in ongoing international trade between the United States and treaty countries. As with all visa classifications, the success of an application depends on the ability to clearly and convincingly meet the statutory requirements, supported by business records, legal filings, and evidentiary organization.

At OCHOA PLLC, we advise treaty nationals and their enterprises on the full lifecycle of the E-1 process—from pre-filing business analysis to consular packet preparation and interview readiness. With a sole focus on immigration law, we offer strategic counsel grounded in legal precision and responsive service.