If you are an entrepreneur, investor, or business owner seeking opportunities in the United States, the E-1 treaty trader visa may provide a pathway to live and work in the U.S. through international trade. This visa category is designed for individuals and businesses engaged in substantial trade between the United States and a qualifying treaty country.
At McBean Law, we help entrepreneurs, investors, and business owners understand their immigration options and navigate the E-1 visa process with experienced legal guidance tailored to their unique business and immigration goals.
E-1 Treaty Visa
If you have a business and looking for a way to work in the US, consider the E-1 visa.
The E-1 visa is issued to E-1 treaty traders and their employees who are nationals of countries with a treaty of commerce and navigation with the US.
However, as with every immigration option, if you are in the U.S. unlawfully or have other immigration violations in your background, you may not be eligible for this visa. Work with a professional to determine whether you are eligible.
6 More Things to Consider
1. Who Qualifies for Treaty Trader Visa?
To qualify for E-1 treaty trader visa, the foreign national of a treaty country must carry on substantial trade between the US and their country.
Items of trade include, but are not limited to:
- goods
- services
- international banking
- insurance
- transportation
- tourism
- technology and its transfer
- some news-gathering activities
At least 50% of the volume of trade carried out must be between the US and the designated treaty country.
2. Who Qualifies For E-1 Employee Visa?
To qualify for E-1 employee visa, the foreign national must be engaged in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications that make the employee’s services essential to the efficient operation of the treaty enterprise.
3. How Does It Work?
Nationals of treaty countries must own at least 50% of a business to qualify as an E-1 trader.
Except where a business is controlled equally by nationals of two treaty countries, a business may only have one nationality for E-1 purposes.
Where a business is controlled equally by nationals of two treaty countries, persons from either treaty country will be eligible for E-1 visas.
4. Family Members
Family members of E-1 visa holders are eligible for dependent visas. The spouse of an E-1 principal is also entitled to work authorization.
5. How Long Can You Stay in the US?
Qualified treaty traders and employees will be allowed for a maximum initial stay of two years.
Requests for extension of stay in, or changes of status to, E-1 classification may be granted in increments of up to two years each.
There is no limit to the number of extensions an E-1 nonimmigrant may be granted.
All E-1 nonimmigrants, however, must maintain an intention to depart the US when their status expires or is terminated.
6. How To Get Started?
Application for E-1 visa can be filed with USCIS or at a US embassy/consulate abroad.
To determine if you are a national of a treaty country, please check here.
For potential treaty traders, you can assign an agent to set up your business in the US.
Or, if you have a B-1/B-2 visa, you can come to the US to attend meetings with people who can assist you in setting up your company.
You cannot, however, run and operate your business while on a B visa.
If you are considering the E-1 visa, speak with us for professional guidance.
Speak With an Immigration Attorney
If you are considering the E-1 visa, it is important to speak with an immigration attorney before moving forward. Every case is different, and eligibility can depend on your immigration history, business structure, and country of nationality.
An experienced immigration attorney can help you determine whether you qualify, prepare the required documentation, and guide you through the application process to avoid delays or denials.
At McBean Law, we help clients nationwide navigate the complex world of U.S. immigration law with confidence, compassion, and clarity. Led by Attorney LaToya McBean Pompy, a nationally recognized immigration attorney and 2024, 2025, & 2026 honoree of Best Lawyers: Ones to Watch®, McBean Law brings unmatched experience in both federal policy and courtroom advocacy. Before founding the firm in 2016, Attorney McBean Pompy worked in various roles within the U.S. Department of Justice, U.S. Congress, and both federal and state courts.
Schedule a consultation with us by calling (914) 898-9488 to get experienced legal support for your immigration journey. Follow us on YouTube, TikTok, Instagram, and Facebook for more resources and updates.
FAQs:
1. What countries qualify for the E-1 treaty trader visa?
Only nationals of countries that maintain a treaty of commerce and navigation with the United States may qualify for the E-1 visa. The list of treaty countries is determined by the U.S. government and can change over time.
2. Can my spouse work in the United States on an E-1 visa?
Yes. Spouses of E-1 visa holders may apply for work authorization in the United States, allowing them to legally work while accompanying the principal E-1 visa holder.
3. Can I start a business in the U.S. while on a B-1/B-2 visa?
You may take certain preliminary steps, such as attending meetings or exploring business opportunities, while on a B-1/B-2 visa. However, you cannot actively run or operate the business until you obtain the appropriate work-authorized visa status, such as the E-1 visa.
