E-1 E-1 Treaty Traders

At a Glance

Item	Details
Visa name	E-1 Treaty Trader
Purpose	Conduct qualifying international trade
Initial stay	Up to 2 years
Extensions	Unlimited, up to 2 years
Eligibility timing	Lawful status for U.S. change
Cost	Filing fee required; amount unstated
Work rights	Approved E-1 activity only
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Generally two-year readmission
Citizenship	Not stated in the source
Family sponsorship	Not stated in the source
Dependants	Spouse; unmarried children under 21
Spouse work rights	Generally authorized incident to status
Visa record	Form I-94
Processing time	Not stated in the source

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Purpose

The E-1 nonimmigrant classification permits a national of a treaty country to enter the United States solely to conduct international trade on their own behalf.

Certain qualifying employees of a treaty trader or treaty enterprise may also receive E-1 classification.

Eligibility

Treaty traders

A treaty trader must:

• Be a national of a country with a qualifying U.S. treaty, agreement, or legislative designation.
• Carry on substantial trade.
• Conduct principal trade between the United States and the treaty country.

Current treaty-country information is available from the Department of State Treaty Countries list.

Qualifying trade

Trade is an existing international exchange for consideration between the United States and the treaty country. It may include:

• Goods
• Services
• International banking
• Insurance
• Transportation
• Tourism
• Technology and technology transfer
• Some news-gathering activities

Substantial trade

Substantial trade must support a continuous flow of international trade over time through numerous transactions.

There is no minimum transaction value or volume. Numerous higher-value exchanges receive greater weight. For smaller businesses, income from numerous transactions sufficient to support the trader and family is favorable.

Principal trade

More than 50% of the treaty trader’s international trade volume must be between the United States and the treaty country of the trader’s nationality.

Employees

An employee must:

• Have the same nationality as the principal treaty trader employer.
• Meet the legal definition of an employee.
• Perform executive or supervisory duties, or possess essential special qualifications.

For a non-individual employer, at least 50% of the enterprise must be owned by nationals of the treaty country. Those owners must maintain treaty trader status or be eligible for it if seeking admission.

Special qualifications may include proven expertise, scarce skills, salary level, or skills not readily available in the United States. Foreign language or cultural knowledge alone is insufficient.

Stay and Extensions

The maximum initial stay is two years.

Extensions or changes to E-1 status may be granted in increments of up to two years. There is no limit on the number of extensions.

All E-1 nonimmigrants must intend to depart the United States when status expires or ends.

Work Rights and Conditions

E-1 treaty traders and employees may work only in the activity approved when E-1 classification was granted.

An E-1 employee may also work for the treaty organization’s parent or subsidiary if:

• The corporate relationship is established.
• The role requires executive, supervisory, or essential skills.
• Employment terms and conditions have not otherwise changed.

Changes to employment or business

USCIS approval is required for a substantive change affecting E-1 eligibility, including:

• Merger
• Acquisition
• Sale of the employing division
• Other changes affecting the approved treaty-enterprise relationship

The treaty trader or enterprise must file a new Form I-129 with fee and evidence that the trader or employee remains eligible. An extension request may be filed at the same time.

Non-substantive changes do not require a new Form I-129. A trader or enterprise may request USCIS advice by filing Form I-129 with fee and a complete description of the change.

An employer that stops employing an E-1 nonimmigrant is urged to notify USCIS.

A strike or labor dispute involving a work stoppage may affect E-1 eligibility for Canadian or Mexican treaty traders or employees.

Family Members

E-1 treaty traders and employees may be accompanied or followed by:

• A spouse
• Unmarried children under 21

Family members do not need the same nationality as the principal E-1 holder. Approved dependants generally receive the same stay period as the E-1 worker.

Family members in the United States seeking a change or extension of dependent E-1 status may file one Form I-539 with fee.

Spouse employment

Spouses in valid E-1 or E-1S status are generally employment-authorized incident to status.

Exceptions apply to spouses of employees of the Taipei Economic and Cultural Representative Office and Taipei Economic and Cultural Offices, who must apply for employment authorization.

Evidence of spouse work authorization may include:

• Unexpired Form I-94 showing E-1S status
• Certain unexpired Form I-94 records showing E-1 status with USCIS notice
• An unexpired Employment Authorization Document

An eligible spouse is not required to file Form I-765 but may do so to obtain an Employment Authorization Document.

Travel

An E-1 nonimmigrant who travels abroad may generally receive an automatic two-year readmission period when returning, if found admissible by U.S. Customs and Border Patrol.

Family members do not automatically receive the principal’s new readmission period unless they:

• Accompany the principal when seeking admission; or
• Travel abroad and return within that new readmission period.

Family members must monitor their own authorized stay and apply for an extension before it expires.

How to Apply

If in the United States

A treaty trader in lawful nonimmigrant status may file Form I-129 to request a change to E-1 status.

A qualifying employer may file Form I-129 for an employee in lawful nonimmigrant status.

If outside the United States

Form I-129 cannot be used to request E-1 classification while physically outside the United States.

Apply for an E-1 nonimmigrant visa through the Department of State. After visa issuance, seek admission at a U.S. port of entry.

Important Warnings

• E-1 status is limited to approved trade activity or employment.
• More than 50% of international trade must be with the treaty country.
• A substantive business or employment change requires USCIS action.
• Maintain intent to depart when E-1 status ends.
• Dependants must track their own authorized stay.