E-1 treaty trader visa
E-1 treaty trader visa: work in the US through trade
If you are a national of a treaty country and your business trades substantially with the US, the E-1 lets you come to run that trade. Key employees can come too.
Last checked October 2026 · Sources
- Trade with the US
- Over 50% of your total
- Minimum trade amount
- No fixed amount
- Stay per admission
- Up to 2 years
- Legal fee
- Quoted on request
Quick answer
What is the E-1 treaty trader visa?
The E-1 is a temporary visa for treaty country nationals who carry on substantial trade between the US and their country. Substantial means a continuous flow of many deals, not one big sale. Over 50% of the business’s international trade must be with the US. Stays are up to 2 years, with no set limit on extensions.
- Trade can be goods or services, including tourism, technology, banking and consulting.
- Executives, supervisors and essential employees of the same nationality can also qualify.
- Your spouse can work. Unmarried children under 21 can come too.
- As of October 2026, a USCIS change of status costs $1,015 on paper, $965 online, plus the Asylum Program Fee.
The rules
What has to be true for an E-1
These come from 8 CFR 214.2(e)) and the USCIS E-1 page. All must be met.
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You are a national of a treaty country
The US must have a trade treaty with your country that covers E-1. The E-1 list is not the same as the E-2 list. For example, Greece has E-1 but not E-2. Egypt and Ukraine have E-2 but not E-1. India, Brazil and mainland China are not on the list.
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The business has your nationality
If you work for a company, it must be at least 50% owned by people with your treaty nationality. You must share that nationality.
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It is real international trade
Trade is an existing exchange of goods or services for payment between the US and the treaty country. It must be traceable, and title must pass between the parties. Selling only inside the US does not count.
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The trade is substantial
Enough to keep a continuous flow of trade, with many transactions over time. One deal never qualifies, however large. There is no dollar minimum. For small firms, trade income that supports you and your family helps.
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The trade is mostly with the US
Over 50% of the trader’s international trade must be between the US and the treaty country.
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Your role fits
Employees must have an executive or supervisory role, or special skills essential to the business. Speaking the language and knowing the culture is not enough by itself.
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You plan to leave when status ends
E-1 is temporary. You must intend to depart when your E-1 status expires or ends.
Treaty examples are from the State Department’s treaty table in 9 FAM 402.9-10, updated February 17, 2026. A partner-firm attorney checks the current list for your country.
E-1 vs E-2
E-1 treaty trader vs E-2 treaty investor
Both need treaty nationality and allow 2-year stays. The difference is what the visa is built on. See the full E-2 page.
| E-1 treaty trader | E-2 treaty investor | |
|---|---|---|
| Based on | Substantial trade between the US and your country | A substantial investment in a US business you develop and direct |
| Key test | Over 50% of international trade is with the US | Money at risk, substantial for the business, and the business is not marginal |
| Money needed | No investment rule; the trade volume matters | No fixed minimum; substantial compared with the business’s cost |
| Typical fit | Importers, exporters, and service firms selling across the border | Founders buying or starting a US business |
| Stay | Up to 2 years, extensions with no set limit | Up to 2 years, extensions with no set limit |
| Spouse work | Yes, incident to status | Yes, incident to status |
| Our legal fee | Quoted on request | From $7,500 |
The process
How an E-1 case usually goes
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Attorney review
A partner-firm attorney checks your nationality, the company’s ownership and your trade records.
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Document the trade
Gather invoices, contracts, shipping and payment records showing many transactions and the share with the US.
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Apply abroad or change status
15 business days with premiumAbroad, apply for an E-1 visa at a US consulate. In the US in lawful status, your employer or you file Form I-129 to change status.
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Bring your family
Your spouse and unmarried children under 21 can get E-1 status too. Their nationality does not matter.
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Extend and report big changes
Extend in steps of up to 2 years. A fundamental change, like a merger or sale of your division, needs a new filing first.
Costs
E-1 fees, as of October 2026
USCIS fees apply if you file in the US. They are from the USCIS fee schedule, Form G-1055, edition 10/01/26.
| Fee | Amount | Paid to |
|---|---|---|
| Form I-129 for E-1 (change of status or extension) | $1,015 paper, $965 online. $510 for small employers and nonprofits. | USCIS |
| Asylum Program Fee | $600. $300 for small employers. $0 for nonprofits. | USCIS |
| Premium processing, Form I-907 (optional) | $2,965. USCIS acts within 15 business days. | USCIS |
| E visa at a US consulate | $315 per person | State Department |
| Legal fee | Quoted on request, flat, before you sign | Partner law firm |
Every Form I-129 petitioner pays the Asylum Program Fee (8 CFR 106.2(c)(13)). The $315 E visa fee is from 22 CFR 22.1. Some nationalities also pay a visa issuance fee. E-1 cases are handled by licensed attorneys at an independent partner firm; Frank does not cover E-1. Green Card Guide is not a law firm.
FAQ
Questions people ask
There is no dollar minimum. You need a continuous flow of many transactions over time. Larger and more frequent deals weigh more. One large deal does not qualify.
Yes. Items of trade include services like banking, insurance, transportation, data processing, advertising, accounting, design and engineering, consulting and tourism.
You cannot get an E-1 through that nationality. If you plan to invest in a US business, the E-2 may fit instead.
Yes. A spouse in E-1 status is work authorized incident to status. USCIS says an unexpired I-94 marked E-1S is proof.
Not by itself. A green card petition or labor certification alone cannot be the reason to deny E-1 status. Still, you must keep the intent to leave when status ends, so talk to the attorney before filing.
Not without approval. Working for a new employer without approval is a failure to keep status. A new filing is needed first.
Check whether your trade qualifies
A partner-firm attorney reviews your nationality, ownership and trade records and confirms the right route before anything is filed. Fees are flat and quoted before you sign. No outcome is guaranteed.
Sources · checked October 2026
- USCIS: E-1 Treaty Traders (updated 04/08/2025)
- eCFR: 8 CFR 214.2(e), treaty traders and investors (current to Oct. 1, 2026)
- 9 FAM 402.9, Treaty Traders and Investors, incl. 402.9-10 treaty table (CT:VISA-2190, Feb. 17, 2026)
- USCIS Fee Schedule, Form G-1055 (edition 10/01/26)
- USCIS: How Do I Request Premium Processing? (updated 03/23/2026)
- eCFR: 22 CFR 22.1, State Department fee schedule
- 8 CFR 106.2(c)(13), Asylum Program Fee (Cornell LII)
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
