The E-1 “Treaty Trader” Visa

Employment-Based Immigration

Overview of the E-1 Visa

The E-1 Treaty Trader Visa is designed for individuals and businesses who wish to come to the United States to conduct substantial trade between their home country and the U.S. To qualify, the applicant’s country must have a treaty of commerce and navigation with the United States. Trade is interpreted broadly and can include not only goods but also services such as banking, insurance, transportation, technology, and tourism.

E-1 visa holders may also bring their spouse and unmarried children under 21 to the U.S., making this a valuable pathway for business owners, executives, and key employees engaged in international trade.

Benefits of the E-1 Visa

Obtaining an E-1 visa provides several advantages, making it a preferred choice for many international traders.

Multiple re-entry privileges with no advance parole required.
Indefinite stay in the U.S. as long as E-1 requirements are met.
Unlimited two-year visa extensions, unlike capped visas such as the H-1B.
Spouses may apply for work authorization (EAD) while dependents can attend school.
Flexibility to bring essential employees for trade-related activities.

To qualify for an E-1 visa, you must meet specific requirements:

At least 50% of the business must be owned by nationals of a treaty country.
The applicant must be a citizen of a treaty country that has a qualifying agreement with the U.S.
Trade must be substantial in nature, involving continuous transactions of goods or services.
The majority of trade (over 50%) must occur between the U.S. and the treaty country.
The applicant must be coming to the U.S. to engage in principal trade activities or as an employee of a qualifying business.

Required Documentation for an E-1 Visa

When applying for an E-1 visa, applicants may need to provide the following:

Completed Form DS-160 (Nonimmigrant Visa Application).
Form DS-156E (Treaty Trader/Investor Application) if applying abroad.
Form I-129 if applying for a change of status within the U.S.
Valid passport with at least six months’ validity.
Resume and proof of expertise in trade.
Documentary evidence of international trade activity (invoices, contracts, shipping records).
Proof of treaty country citizenship.
Business registration, financial records, and proof of U.S. operations.

Working with an experienced immigration attorney ensures the right documentation is prepared and avoids costly delays.

The Visa Interview and Approval Process

Most E-1 applicants will be required to attend a visa interview at a U.S. embassy or consulate. During the interview, a consular officer will assess your eligibility by reviewing your documents and asking questions about your trade activities.

If applying within the U.S., the USCIS will review the petition and may require an in-person meeting. Approval timelines vary but can take up to six months, with the option of premium processing for faster results.

Maintaining E-1 Visa Status

Once approved, E-1 visa holders must continue to meet requirements to maintain their status.

Continue engaging in substantial international trade.
Apply for visa extensions every two years.
Ensure dependents maintain their own valid status.
Avoid unauthorized employment outside of the approved trade activities.

Failure to comply with these conditions could result in loss of E-1 status.

Common Questions About the E-1 Visa

How long can I stay in the U.S. on an E-1 visa?
You may stay as long as you continue to meet E-1 requirements, with unlimited two-year extensions available.

Can my spouse work in the U.S.?
Yes, your spouse can apply for an Employment Authorization Document (EAD) and work legally.

Can my children attend school in the U.S.?
Yes, dependent children may attend school or college without needing a student visa.

Is the E-1 a dual intent visa?
While USCIS often treats it as dual intent, the State Department generally requires proof of intent to return home.

Why Choose Herman Legal Group for Your E-1 Visa Case?

Extensive Experience: Decades of experience handling complex business immigration matters.
Tailored Strategies: Customized legal solutions designed to meet your trade and business goals.
Document Preparation: Careful assembly of evidence to meet strict immigration requirements.
Full Family Support: Guidance for dependent visas, work authorizations, and extensions.