E-1 treaty trader visas
For nationals of treaty countries carrying on substantial trade between their country and the United States.
Overview
The E-1 treaty trader visa lets a citizen of a treaty country come to the U.S. to carry on substantial trade between the U.S. and that country. Executives, managers and essential employees of the same nationality may also qualify.
“Trade” is broad. It includes goods, and also services, technology, banking, insurance, transportation, tourism and communications. The key is a steady flow of international trade, and most of it must be between the U.S. and your treaty country.
Like E-2, the E-1 is temporary but renewable. Taiwan is an E-1 treaty country. Mainland China is not.
Key requirements
- Treaty nationality: you must be a citizen of an E-1 treaty country, and at least 50% of the trading business must be owned by nationals of that country.
- Substantial trade: there must be a continuous flow of trade with many transactions over time. The number of transactions matters more than their dollar value, though value is also considered.
- Principal trade: more than 50% of the company’s total international trade must be between the U.S. and the treaty country.
- What counts as trade: goods, services, technology, international banking, insurance, transportation, tourism, communications and some news gathering. Title to the traded items must pass between the parties.
- Existing trade: the trade must already be happening. Signed contracts alone for future trade are generally not enough.
- Your role: the principal trader or employee must be in an executive or supervisory role, or have skills essential to the business.
- Intent to depart: you must intend to leave the U.S. when your E-1 status ends.
At a glance
What it is
- A renewable nonimmigrant visa based on ongoing international trade
- Trade must be substantial and principally between the U.S. and the treaty country
- Available to qualifying owners and key employees
Who it fits
- Import and export businesses
- Service providers trading across borders
- Companies placing managers or essential staff in the U.S.
How we help
- Trade-volume and ownership analysis
- Supporting records for consular or USCIS filings
- Renewals and status changes
- Analyze trade records to confirm the over-50% rule
- Prepare DS-156E and supporting trade evidence for the interview
How the process works
Review your trade records
Confirm the volume and pattern of trade, and that more than half is between the U.S. and the treaty country.
Set up or register the U.S. office
The U.S. company is usually the trading entity or a branch or subsidiary of the foreign trading company.
Complete the visa forms
All E-1 applicants file the online DS-160 and the DS-156E.
Form: DS-160; DS-156E
Consular interview
Apply at the U.S. consulate in your country of nationality or residence. E visa applicants generally need an in-person interview.
Timing: Varies by post
Enter and maintain status
E-1 travelers are usually admitted for up to two years. Changes of status inside the U.S. go through USCIS.
Form: I-129 (change or extension of status in the U.S.)Timing: Admission up to 2 years; extensions available
Documents to gather
- Passport showing treaty-country nationality
- Company ownership records showing at least 50% treaty-country ownership
- Invoices, bills of lading, customs records and contracts showing trade transactions
- A summary of trade volume by country for the past year or more
- Bank records showing payments for trade
- Company financial statements and tax returns
- Organizational chart and a description of your job duties
- Marriage and birth certificates for your spouse and children
Common problems to avoid
- Counting future or planned trade instead of trade that is already happening.
- Having most of your trade with a third country instead of between the U.S. and the treaty country.
- Showing only a few large transactions instead of a steady flow of trade.
- Applying with a nationality (such as mainland China) that has no E-1 treaty.
- Failing to show that the employee’s role is executive, supervisory or essential.
What has changed lately
Starting September 2, 2025 (updated effective October 1, 2025), most visa interview waivers ended. E-1 applicants, including renewals, generally must attend an in-person interview.
The State Department requires nonimmigrant visa applicants to apply in their country of nationality or residence, with limited exceptions.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
What is the difference between E-1 and E-2?
E-1 is based on ongoing trade between the U.S. and your treaty country. E-2 is based on a substantial investment in a U.S. business. Some businesses may qualify for either.
Does service or technology trade count?
Yes. Trade includes services and technology, as well as goods, banking, insurance, transportation, tourism and communications.
Is there a minimum dollar amount of trade?
No. Officers look for a continuous flow of many transactions. Smaller businesses may qualify if the trade is steady and enough to support the trader.
Can my spouse work?
Yes. The spouse of an E-1 principal is authorized to work incident to status, and the I-94 record is annotated to show this.
Can a Taiwan company use the E-1?
Taiwan is an E-1 treaty country. A company at least 50% owned by Taiwan nationals, with most of its international trade between Taiwan and the U.S., may qualify.
- 9 FAM 402.9 – Treaty Traders, Investors and Specialty Occupations
- U.S. Department of State – Treaty Trader and Investor Visas
- U.S. Department of State – Treaty Countries
- 8 CFR 214.2(e) – Treaty traders and investors
- USCIS – E-1 Treaty Traders
- USCIS Policy Manual, Vol. 10, Part B, Ch. 2 – Employment Authorization for E and L Spouses
- State Department – Interview Waiver Update (Sept. 18, 2025)
Information current as of September 2026. General information only, not legal advice.
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General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.