E1 Visa

The E-1 treaty trader visa nonimmigrant visa category allows foreign nationals of a treaty nation to enter the U.S. to carry out substantial international trade.

Note: Trade includes commercial transactions in goods and trade in services and technology like banking, insurance, transportation, tourism, communications, data processing, advertising, accounting, design and engineering, management consulting, technology transfer and other measurable services which may be traded.

1. You must be the national of a country designated as an E-1 treaty country by the U.S.
2. Be carrying on substantial trade; and
3. Be carrying on principal trade between the treaty country (the treaty trader’s country of citizenship) and the U.S.
4. Have at least 50 percent ownership of the company or have operational control through a managerial position or corporate document.

Note: If you do not own at least 50% of the enterprise, then nationals of the E-1 treaty investor’s country of citizenship must own at least 50% of the company.

To qualify as an E-1 Employee of a Treaty Trader:

1. Be the same nationality as the trader/have the nationality of the treaty country
2. Meet the definition of employee (you cannot be a consultant or contractor but must have a traditional employer-employee relationship) and
3. You are being hired to engage in in a capacity that is supervisory or executive in nature or involves skills essential to the operation of the business (key employee).

The E-1 trade must be substantial, meaning that it’s an amount sufficient to show that there’s a continuous flow of international trade items between the U.S. and the treaty country. At least 50% of the volume of international trade must be between the treaty country and the U.S.

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Check My Eligibility

There is no set amount in the immigration regulations regarding what qualifies as substantial trade. Substantial trade is that volume sufficient to ensure continuous flow (numerous transactions over time) of international trade between the U.S. and treaty country. There is no set value or volume minimum. Generally, immigration officials are looking at:

• Trade that involves a continuous flow with numerous transactions over time
• The volume of trade is critical, but the monetary value of the trade is also important
• Greater weight may be given to cases involving numerous transactions of larger values
• Smaller business can qualify by showing numerous, continuous transactions, albeit of smaller value. Conversely, smaller businesses may also qualify by showing regular trades of amount that are proportionally large for the business. Trade for smaller businesses should sufficient to support the treaty trader and/or their family.

When over 50 percent of the volume of the treaty trader’s international trade is conducted between the U.S. and the country of nationality, it is termed as principal trade.

Privileges of the E-2 visa include:

1. If you’re an E-1 Trader, the ability to work and live in the U.S. while you actively manage and operate the business through which you are trading.
2. If you’re an E-1 employee, the ability to work and live in the U.S.
3. Ability to travel freely in and out of the U.S. if you have a valid E-1 visa
4. Indefinite extensions in 2-year increments (if filing with USCIS)
5. E-1 visas are generally granted for 2 to 5 years and can be renewed indefinitely with no maximum cap on the number of renewals.
6. Ability to bring your spouse and unmarried children under 21 to the U.S. as E-1 Dependents. The E-1 Dependent spouse is eligible to work in the U.S.

Limitations of the E-1 visa include:

1. The E-1 visa category is limited to nationals of E-1 treaty countries.
2. Being restricted to work only for the specific business involved in the specific trade or for the E-1 visa sponsor.
3. E-1 visas from the U.S. Consulate are approved for 2 to 5 years but extensions with USCIS are limited to 2 year increments, which can make the application/extension process cumbersome
4. There being no direct path to permanent residency
5. The E-1 visa holder must continue to be able to show that there is substantial trade principally between the treaty country and the U.S. Reductions in trade, or even expansion of trade to other regions could complicate the E-1 visa.

The E-1 Treaty Trader category is unique compared to the majority of other nonimmigrant visa categories.

For those traveling from abroad, E-1 Visas obtained at a consulate are generally granted for two to five years. Upon entry to the U.S., E-1 status on your I-94 is only given for a maximum of 2 years regardless of the length of the actual visa. Before the I-94 expires, and if your visa is still valid, you may exit and re-enter the U.S. to extend your I-94. This means if you enter the U.S. with only a few days left on your E-1 visa, you can be admitted for 2 years.

For those in the U.S., a change of status or extensions of stay to E-1 status are in 2 year increments.

There is no maximum stay on the E-1 and extensions or can be obtained indefinitely as long as you continue to qualify.

There are 2 ways to apply for an E-1

1.Filing an E-1 Visa Application directly to a U.S. Consulate/Embassy

The E-1 visa category does not require prior petition approval. This means, unlike other visa categories like the H-1B, L-1, O-1, etc., the U.S. company is not required to file the Form I-129 and obtain an approval first. To obtain a visa, the following is required:

Many consulates have an E Visa Unit, especially consulates located in treaty countries and will generally have specific instructions on which documents to include, how to submit the application, how to organize the application and how to schedule the interview. It is very important that you check these instructions before filing an E-1 Visa Application.

2.Filing the Form I-129, Petition for Nonimmigrant Worker

For individuals already in the U.S., USCIS will allow the company to submit the Form I-129, Petition to Nonimmigrant Worker in order to request a change of status or extension of status for an E-1 Trader or Employee. This means if someone is in valid nonimmigrant status in the U.S., a petition to change their status to E-1 can be filed so they do not have to travel. The same is true for those already in E-1 status. The Form I-129 can be filed to extend the status of anyone in the U.S. already in TN status. The following is required to file a petition:

The most common way to obtain the E-1 Visa is obtaining the E-1 Visa at the consulate. This is because, unlike other visa categories, while prior petition approval is not required for the E-1, prior petition approval from USCIS is also not given any deference by the Consulate. What this means is that the U.S. Consulate or Embassy will not consider a prior USCIS E-1 approval and will judge the visa application as if it is a new application.

Note: If you file for extension before the expiry of your I-94 you may continue working for 240 days while waiting for the decision.

To qualify for E-1 classification, you must be able to show that the Treaty Trader is a national of the treaty country and that there is substantial trade, principally between the U.S. and the treaty country. Examples of documents include:

• Proof of the U.S. company ownership and nationality (at least 50% of the company must be owned by treaty country nationals). This can include the articles of incorporation, share or membership certificates and the passports of the owner(s)
• Proof that the applicant has treaty country nationality (copy of passport, birth certificate, etc)
• Evidence of substantial trade, including but not limited to, contracts, invoices, financial statements and business plans
• A business plan showing financial projections, personnel projections, etc.
• A statement showing that you intend to leave the U.S. after termination of E-1 status.

Yes, you may apply for change of status while on E-1 visa. You must submit Form I-129, Petition for Nonimmigrant Worker, or Form I-539 Application to Extend/Change Nonimmigrant status, indicating your change of status with appropriate supporting documents

No, there are no travel restrictions on E-1 visa. You may travel as many number of times as required before the expiry of your E-1 visa. USCIS does not impose any time limit on your stay abroad.

Yes, you may engage in study while in E-1 status as long as it is incidental to your E-1 activities.

Yes, you may bring your spouse and unmarried children under the age 21 years to live in the U.S. with you. There is no separate visa categories for dependents. They also receive the E-1 visa, referred to as an E-1 Dependent visa (E-1D).
They may remain in the U.S. in valid status as long as you maintain valid E-1 status. You may also bring a domestic worker on nonimmigrant status to the U.S. (B-1 Visa), provided you can show that:

1. He or she is not abandoning their residence abroad
2. He or she has worked for you for at least one year, or has had an ongoing employment relationship with you and has at least one year of experience as a servant

Yes, your E-1 Dependent spouse may work in the U.S. pursuant to their E-1. The E-1 spouse must ensure that their Form I-94 has listed their status as “E-1S” to distinguish from an E-1 dependent child (either upon entering the U.S. or on the E-1 approval notice). Once an E-1 dependent spouse enters the country, they can immediately apply for a social security number and begin looking for a job.

Beginning in 2022, USCIS no longer requires that E-1 spouses obtain specific Employment Authorization to work.

Yes, your dependents may attend U.S. schools, colleges and universities on E visa, and do not have to apply for separate student visa such as an F-1 visa.

The processing time for an E-2 visas varies widely depending to which consular post the application is submitted. The processing time can be as little as 2 weeks to several months.

Yes, Premium Processing is available for the Form I-129, E-1 Petition. The Form I-907, Request for Premium Processing can be submitted with the Form I-129, along with the required fee, or it can be submitted once the E-1 petition has been field and a receipt notice from USCIS is received. Once USCIS receives the Premium Processing request, they guarantee the petition will be adjudicated (issue an Approval Notice, Request for Evidence or Notice of Intent to Deny) within 15 business days.

Yes, you may apply for Green Card while in the U.S. through the following options:

1. Family Based Immigration: If you have close relatives who are U.S. citizens or U.S. permanent residents, the relatives may file an immigration petition for you as the beneficiary
2. Employment Based Immigration (Labor Certification): You can attain immigrant status through employment-based immigration. You may find an employer who is willing to file a Labor Certificate for you with the DOL
3. EB-1: You may also file an immigration petition based on the classification of ‘Alien of Extraordinary Ability’ – EB-1(A) or ‘Multinational Executive or Manager’ – EB-1(C)
4. National Interest Waiver: You can also file an immigration petition through a National Interest Waiver (NIW). National Interest Waivers are available to foreign nationals who are seeking work in a profession and who have an advanced degree (or equivalent experience) or can prove themselves as ‘aliens of exceptional ability’, and who can show that their work will substantially benefit the U.S. interest.

Trade must already be established at the time the E-1 visa application is filed.