With the E-1 visa for the United States, citizens of countries with trade agreements can enter the country to participate in international business activities.
Thanks to this visa, these national foreigners can also bring certain employees and family members to the US. Here it is important to have the help of our immigration lawyers in New Jersey to ensure that all requirements are met.
Table of Contents
Definition and how to obtain the US E-1 visa in 2025 for treaty traders
The E-1 visa is a special visa designed for entrepreneurs from countries that have a trade agreement with the United States.
This visa allows an individual to work in the country and conduct business transactions between the US and their home country.
To obtain one, you must first make sure that your country has a trade agreement with the United States. If so, you will need to file Form I-129 with USCIS.
What benefits does the E-1 visa for the United States offer?
The E-1 visa offers several advantages, including:
- Possibility of working legally in the United States.
- Freedom to travel within and outside the country.
- Option to renew the visa indefinitely for periods of up to 2 years.
- Eligibility for your spouse and eligible dependent children to obtain E-1 status.
What do E-1 and E-2 mean on a visa?
E-1 and E-2 visas are two types of American nonimmigrant visas and differ in the following:
- E-1: This is for traders who conduct substantial trade between the US and their country.
- E-2: This is for investors who develop and manage a business in which they have invested or are investing a significant amount of capital.
However, both visas require that the applicant be a citizen of a country with which the US has a treaty of commerce and navigation.
If you are an investor, you may qualify for the EB-5 program. If you are eligible, you could become a lawful permanent resident in the US.
What is the E-2 visa in the United States?
The E-2 visa allows investors from countries with trade agreements with the US to live and work in the country to run a business in which they have invested or are investing.
Although it is not possible to obtain a Green Card with this visa, it can be renewed indefinitely as long as the business remains viable.
What should I know about E-1 and E-2 visas?
E-1 and E-2 visas are designed to facilitate trade and investment between the US and treaty countries, not for retirement or permanent residency.
Therefore, E-1 visa holders must engage in substantial trade and E-2 visa holders must manage the enterprise in which they have invested.
These visas are temporary and can only be renewed if the necessary requirements are met. For a permanent stay, an immigrant visa must be applied for.
What are the requirements to apply for an E-1 visa for the United States?
The requirements for applying for an E-1 visa in the United States vary depending on whether it is for a treaty trader or their employee:
Requirements for a Treaty Trader
- You must be a citizen of a country with which the United States has a treaty of commerce and navigation.
- You must engage in significant trade between the US and your home country.
- More than 50% of the merchant’s trade must be between the US and the treaty country.
Requirements for a treaty trader’s employee
- Must be of the same nationality as the treaty trader.
- Must perform executive or supervisory functions or have essential skills for the company.
- If the employer is not a person, the business must be majority-owned by US citizens of the same treaty nationality.
If the employer is not an individual, it must be a company or organization that is at least 50% owned in the US by citizens of the treaty country.
What essential skills must a treaty trader employee have to qualify for an E-1 visa to the United States?
To qualify for an E-1 visa to the United States, the employee must demonstrate:
- Executive or supervisory functions . For example, exercising control and responsibility over the overall operation of the company or a key component of it.
- Special qualifications. Skills or abilities are required that are crucial to the operational efficiency of the company. This often includes experience or value that the person brings to the business.
How long can I stay in the United States with an E-1 visa?
Treaty traders and employees who qualify for the E-1 visa will have a maximum initial permitted stay of 2 years.
Extensions of stay or change of status may be granted in increments of up to 2 years maximum each.
There is no limit on the number of extensions granted. However, all immigrants under this visa must maintain the intention to depart the US once their status ends.
If I leave the United States, can I return with an E-1 visa?
If you leave the U.S. on an E-1 visa, you can generally return with an automatic 2-year readmission period, provided that a CBP officer determines your admissibility upon reentry.
How to apply for an E-1 visa for the United States?
- Check that you meet the requirements for an E-1 visa. Typically, the US employer or principal trader must file the petition on behalf of the E-1 visa applicant.
- Complete and submit Form I-129 along with the required documentation.
- Finally, you will need to schedule an interview at the U.S. Embassy or Consulate in your home country.
If your application is approved, the visa will be stamped in your passport.
What documents do I need to apply for an E-1 visa for the United States?
To apply for an E-1 visa to the United States, you will need to gather and prepare the following documents before your interview:
- Valid passport: Make sure your passport is valid for at least 6 months after your stay in the US.
- Form DS-160: You must print the confirmation page of the form.
- Receipt of fee payment.
- Photo: It is recommended to bring a printed photograph following the specific requirements.
- Form DS-156E: Complete Form DS-156E for an E-1 treaty trader visa or for an E-2 treaty investor visa if you are an executive, manager, or essential employee.
- Form I-129.
Additional documentation
- Check the website of the embassy or consulate where you will be applying for possible additional documents.
- E-1 or E-2 visa applicants must demonstrate that the company meets the legal and specific requirements for the E visa.
For more detailed information, please consult our attorney Carolina Curbelo.
Who can apply for a change of status to an E-1 visa?
If a treaty country trader is in the United States under lawful nonimmigrant status, he or she may choose to file Form I-129 to apply for an E-1 visa.
Similarly, if a desired employee is already in the US under lawful nonimmigrant status, the employer may apply for Form I-129 to change his or her status.
What is considered trade and substantial trade?
Trade is the international exchange of goods and services between the US and the treaty country. It typically includes tourism, transportation, technology, etc.
On the other hand, substantial trade refers to the amount of trade necessary to ensure a continuous flow of transactions between both countries.
This means that there is no specific requirement for the value or volume of each transaction, but there must be a series of continuous transactions over time.
Can relatives qualify for an E-1 visa?
Generally, in most cases, family members may qualify. Both the spouse and unmarried children under the age of 21 of an E-1 visa holder may be eligible for this visa.
Therefore, it is not necessary for them to have the same nationality as the holder. Spouses can apply for an employment authorization to work in the United States, while children can study in the country with the E-1 visa without additional requirements.
Employment Authorization for Spouses of E-1 Visa Holders to the United States
Spouses with valid E-1 or E-1S status are authorized to work without applying for additional permission, except in specific cases (TECRO and TECO).
Proof of authorization includes a Form I-94 with the appropriate codes or an employment authorization document (EAD).
Which countries are included in the US-Mexico Trade Agreement?
The State Department maintains an updated list of countries participating in the Trade Agreement with the United States. To name a few, they include Argentina, Chile, Spain and Mexico.
It is essential to consult this updated information to ensure eligibility when applying for the E-1 visa.
What information do I need to submit to apply for an E-1 visa to the United States?
When preparing an E-1 visa application, it is key to provide organized and detailed documents in the following sections:
- Table of Contents and cover letter: This will include information about the applicant’s position, details of the trade, their relationship with the US and so on.
- Forms: Everything related to forms DS-160 and DS-156E, along with your fee payment receipt.
- Applicant Information: Must include resume, photocopy of passport and other US status documents.
- Property: This includes the company’s US incorporation documents, stock certificates, and other documents.
For more details on the necessary documents, please contact our attorney Carolina Curbelo or visit the US Embassy website.
Terms and conditions of the E-1 visa for the United States
A treaty trader or employee may only work in the activity approved upon receiving their classification.
However, an E-1 employee may work for the parent company or a subsidiary of the treaty organization if:
- There is a relationship between companies,
- Subsidiary employment requires executive, supervisory or essential skills, and
- There have been no changes in the terms of employment.
Any change in E-1 status must be approved by USCIS. This includes changes such as mergers, acquisitions, or the sale of the division where you work.
If such a change occurs and the company wants to continue employing the alien in E-1 status, it must file a new Form I-129. Minor changes do not require this form.
What does a treaty country mean?
A treaty country is a foreign country with which the United States has signed an agreement that qualifies as a treaty of:
- Friendship,
- Trade,
- Navigation, or
- A similar one.
A law firm that helps traders and investors
If you wish to travel to the US as a treaty trader under an E-1 visa, you now know what this visa is for. Our attorney Carolina T. Curbelo can also help you apply for it.
For more than 10 years, we have assisted individuals and companies with business visas, traders and investors who wish to enter and offer their services in the country.
The first step will be to understand the specific circumstances of your case and determine whether you qualify for this visa or if another option would be more suitable. Call us today for specialized and personalized advice.
