E-1 Treaty Trader Visa

Step 1: Complete a DS-160 Online Nonimmigrant Visa Application for each family member here. 

Step 2: Create a visa application account and pay the MRV fee ($315 per person). Depending on the country you can create an account through US Visa Info or Travel Docs.

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Please check the Embassy website for specific details. Most posts require that the application packet be submitted via email or regular mail after payment of the MRV fee but before scheduling an appointment. In these cases, the post will review the application packet and then notify the applicant to schedule an appointment. The review can take anywhere from a few weeks to a few months depending on the location. If the post has any questions, they will contact the applicant and/or attorney via email. Applicants in Mexico must also appear for a separate biometrics appointment (ASC).

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Step 3: Appear for your interview (in general, children under the age of 7 are not required to attend);

Step 4: Appear at the selected courier office to pick up the passports with the new visa stamp.

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The visa length is three (3) months to five (5) years based on the applicant’s nationality and country “reciprocity.” You can check reciprocity below.

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Upon entry to the U.S., E-2 status (I-94) is granted for two (2) years. You can verify your I-94 here.

Investor Treaty
"How do I know if my country has an E-1 treaty?"

See below for the full list of E-1 treaty countries.

 
Nationality

"How do I determine the nationality of my business?"

The nationality of the business is determined by the nationality of its owners.

 

"What percentage of my business must be owned by nationals of the treaty country?"

Your business must be at least 50% owned by nationals of the treaty country.

 

"What if my business is in turn owned by another company?"

You follow the ownership chain until you arrive at the individual owners.

 

"What if my business is publicly traded on a stock exchange?"

Then the nationality of your business is determined by the nationality of the stock exchange where your shares are traded.

 

"What if I have a co-owner (50/50) with a different qualifying nationality?"

If the business is split 50/50 then you can both can qualify for the E-2.

 

"What if I am a dual national and the U.S. has treaties with both countries?"

Then you can pick the nationality that benefits you most for visa purposes.

 

"What if I am originally from a treaty country but I am now a US citizen or resident?"

Unfortunately, you no longer qualify as a national of the treaty country for ownership purposes.

 
Intent Depart 
"Do I need to maintain a foreign residence like with a tourist or student visa?"

No, you do not need to maintain a residence abroad. A statement of your unequivocal intent to depart when your status ends is normally sufficient.
 
Physical Office Space
"Do I need a physical office space?"

A physical office space is not a requirement, but a lot will depend on the specific nature of your business.
 
Trade for E-1 Purposes

"What is trade?"

Trade must constitute an exchange, be international in scope, and must involve qualifying activities.

 

"What if I just started trading?"

In order to apply for the E-1 the trade must already be in existence as there must be a pattern of transactions of value over time in order to apply.

 

"What if my new U.S. company is assuming the existing trade of my foreign business?"

If you can show integrated contracts binding upon the parties that call for the immediate exchange of qualifying items of trade then most posts will credit the existing trade history to the new US company. 

 

"Do I need to form a U.S. company to sponsor an E-1?"

No, the E-1 is one of the few visas that allows a qualifying foreign company to be the direct sponsor of the visa. 

 

"Can the qualifying activities be a service rather than a good?"

Yes, for a service to qualify as trade the provision of that service must be the purpose of that business and must be the saleable commodity which the business sells to clients. Examples include international banking, insurance, transportation, tourism and communication.
 
Substantial Trade

"How much trade qualifies as substantial?"

There is no magic number. Substantial is described as a continuous flow that involves numerous transactions over time.

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"What is more important, the number of transactions or the overall monetary value of the trade?"

It is more of a balancing test in which they evaluate a pattern of transactions of value over time. Smaller businessman are not excluded if they can show proof of numerous transactions, although each may be relatively small in value.
 
Trade must be Principally between United States and the Treaty Country

"Does all of trade have to be between the U.S. and the treaty country?"

No, but over 50% of the total volume of trade must be between the U.S. and the treaty country.

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"Can part of my trade be domestic?"

Yes, as long as over 50% of the international trade is between the U.S. and the treaty country.
 
E-1 Employees

"Can I bring an employee on an E-1 visa?"

Yes, you can bring an employee of the same nationality to fill a role that is either executive, supervisory, or essential/specialized.

 

"What qualifies as an executive or supervisory role?"

The following factors are considered: 

• The title of the position to which the employee is destined;

• The employee’s place in your company’s organizational structure;

• The duties of the position;

• The degree to which the employee will have ultimate control and responsibility for your company’s overall operations or a major component thereof;

• The number and skill levels of the employees your employee will supervise

• The level of pay; and 

• Whether the employee possesses qualifying executive or supervisory experience.

 

"What qualifies as an essential/specialized role?"

The following factors are considered:

• The experience and training necessary to achieve such skill(s);

• The uniqueness of such skills;

• The availability of U.S. workers with such skills;

• The salary such special expertise can command;

• The degree of proven expertise of the employee in the area of specialization; and

• The function of the job to which the employee is destined.

 

"Is it required that an E-1 employee have worked for me abroad?"

No, an E-1 employee does not have to have experience with your business or overall organization, but it helps.
 
Other E-1 Information
"What is the length of an E-1 visa?"

The visa length and number of entries is based on reciprocity so it varies based on nationality. See below for the visa length for each country.

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"When I enter the country, how long is my E-1 status?"

E-1 status is granted for two years, regardless of nationality or visa length.

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"Is there a limit to the number of times I can renew my E-1 visa?"

No, there is no limit to the number of times an E-1 visa can be renewed or E-1 status can be extended.

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"Can my spouse and children apply with me?"

Yes, spouses and children under the age of 21 are eligible for E-1 visas and E-1 status.

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"Can my children attend school while in E-1 status?"

Yes, your children can attend school in E-1 status, including public school, in the U.S., but they cannot work.

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"Can my spouse work while in E-1 status?"

Yes, upon entering the US in E-1 status your spouse is immediately eligible to work and/or attend school. The I-94 issued to your spouse should say “E1S”.

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"What if I am from a treaty country but my spouse and children are not?"

As long as the principal applicant qualifies for the E-1 visa, then the dependent spouse and children are entitled to receive E-1 visas even if they are not from the treaty country