E-1 Visa for Treaty Traders

Looking for up-to-date information on the E-1 visa? You came to the right place. This is an essential classification for nationals of a treaty country that has trade agreements with the US. 

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We recommend reading this comprehensive and complete guide, but if you have any questions, you have our experienced immigration lawyers in Los Angeles at your service. They will make sure you don’t make mistakes in the documentation and explain your best options for your case.

The E-1 Visa For treaty traders in agreements with The United States In 2026

If you are from one of the countries with which the United States maintains trade relations, you may be able to qualify for the E-1 visa. Of course, your purpose must only be to participate in international trade in a substantial way in your own name.

A a treaty country is one with which the United States maintains a treaty of commerce and navigation, or a qualified international agreement, or has been considered a qualified country by legislation.

Some employees of treaty traders or a qualified organization may also be eligible for an E-1 visa.

What Is An E-1 Visa?

An E-1 visa, also known as a treaty trader visa or trade visa, allows for bilateral agreements between the US and treaty countries which are in treaty of commerce and navigation. Currently, approximately 50 nations maintain such relationships with the US.

What Type Of Visa Is The E-1?

The E-1 visa is a type of nonimmigrant visa, so it allows alien nationals to be admitted to the US on a temporary basis, as long as they fulfill the primary purpose of the visa. 

Qualified E-1 Visa Treaty Countries For 2026

Those individuals who are citizens of the following countries may qualify for the E-1 visa:

• Argentina;
• Australia;
• Austria;
• Belgium;
• Bolivian;
• Bosnia and Herzegovina;
• Brunei;
• Canada;
• Chile;
• Chinese (Taiwan); 
• Colombia;
• Costa Rica;
• Croatia;
• Denmark; 
• Estonia;
• Ethiopia;
• Finland;
• France;
• Germany;
• Greece;
• Honduras;
• Ireland;
• Israel;
• Italy;
• Japan;
• Jordan; 
• South Korea;
• Kosovo;
• Latvia;
• Liberia;
• Luxembourg;
• Macedonia;
• Mexico;
• Montenegro;
• Netherlands;
• New Zealand;
• Norway;
• Oman;
• Pakistan;
• Paraguay;
• Philippines;
• Poland;
• Serbia;
• Singapore;
• Slovenia;
• Spain;
• Suriname;
• Sweden;
• Switzerland;
• Thailand;
• Togo;
• Turkey;
• United Kingdom;
• Yugoslavia.

On the website of the US Department of State you will find more information and some clarification on some of the countries mentioned.

E-1 Visa Requirements In 2026

The requirements to qualify for an E-1 visa depend on whether the applicant is a treaty trader or an employee of the treaty trader. 

Requirements To Qualify As A Treaty Trader

• You must be a national of a country with which the United States has a treaty of commerce and navigation;
• The trade to be carried out will be of a substantial nature;
• You must conduct priority trade between the US and the treaty country for which you qualified.

Requirements To Qualify As An Employee Of A Treaty Trader

• The employee of the treaty trader must have the same nationality of a treaty country as the main noncitizen employer; 
• You must meet the definition of an employee under applicable law;
• You will have to perform functions of an executive or supervisory nature. If you are employed in a minor position, you must have special qualifications that make the services you provide essential to the successful operation of the treaty enterprise.

If the noncitizen primary employer is not an individual, it must be an enterprise or organization that is at least 50% owned by persons in the US who are nationals of the treaty country. These owners must maintain any of the following:

1. Nonimmigrant treaty trader status;
2. If the owners are not inside the US, they should be classified as nonimmigrant treaty traders.

Requirements and Considerations

Duties that are executive or supervisory in nature are those that primarily provide the employee with ultimate control and responsibility for the overall operation of the treaty’s enterprise overall operation, or a major component thereof. 

Special qualifications are skills that make the employee’s services essential. Here are some possible ones:

• The level of demonstrated experience in the employee’s area of ​​practice;
• Whether there are other individuals who possess the employee’s specific skills;
• The salary that special qualifications can get;
• Whether the qualifications and skills are available in the US.

In addition, knowing a foreign culture or language does not by itself meet this requirement. In certain cases, an essential skill may become more common in the future and no longer qualify.

E-1 Visa Terminology

• Trade: Is the international exchange of commercial items between the US and the treaty country, such as services, goods, international banking, transportation, insurance, tourism, technology and its transfer.

• Substantial trade: It is the continuous flow of important items with numerous transactions over time. There is no minimum requirement on monetary value or volume, but monetary value is an important factor for “substantiality” and more weight will be given to these.

• Principal trade: When 50% of the total volume of international trade occurs between the US and the treaty country of the treaty trader’s nationality. 

How To Get The E-1 Visa In 2026

There are two ways to apply for the US E-1 visa:

Application Within The United States

Treaty traders who are in the U.S. in lawful nonimmigrant status (for example, on a United States tourist visa), may file Form I-129, Petition for a Nonimmigrant Worker, to apply a change in status to E-1 classification.

For employees, the eligible employer can file Form I-129 to request a change of status on behalf of the employee.

Application Outside The United States

It is not possible to apply for the E-1 visa with form I-129 if the treaty trader is physically outside the US. In order to apply for the E-1 visa from abroad, the following steps must be followed:

1. Fill out Form DS-160 online;
2. While the form is being filled out, you must submit a photo that meets the requirements;
3. Pay the application fee;
4. Schedule a visa interview appointment at a US embassy or consulate;
5. Gather the necessary documentation for the application;
6. Go to the interview with the American embassy or consulate on the scheduled date.

After the E-1 visa is issued, the alien may apply for admission at a US port of entry.

Terms And Conditions Of E-1 Visa Status

A treaty trader or employee of a treaty trader may only work in the activity for which they were approved upon classification. However, the E-1 employee of the treaty trader may work for the treaty organization’s parent company or a subsidiary in these cases:

• There is a relationship between the organizations;
• Subsidiary employment requires essential supervisory or executive skills;
• The terms and conditions of employment have not changed.

USCIS must approve any substantial change, which is a fundamental change in the basic characteristics of the employer. These may be a major merger, event or acquisition that affects the trader’s or treaty employee’s previously approved relationship with the organization.

If a substantial change occurs and the treaty trader or business wants to continue employing the E-1 nonimmigrant, they must notify USCIS. You will do this by filing a new Form I-129. In addition, an extension of stay may be simultaneously requested for the affected trader or employee.

Note: Petitions must include evidence showing that the affected treaty trader or employee of the treaty trader continues to qualify for E-1 status. If an employer is no longer hiring an E-1 nonimmigrant, they must report it to USCIS immediately upon termination of employment. Non-substantial changes do not need to be reported to USCIS.

Documents Required To Apply For The E-1 Visa

There are several documents needed to apply for the E-1 visa, below we will show you the types of documentation required by sections:

Administrative Documents:

• Valid passport for travel to the US It must be valid for at least 6 months beyond your period of stay in the country;
• Confirmation page of the DS-160 form. It has to be printed and show its respective code;
• Photography. The photo must be recent (less than 6 months) in color and with a white background of 5 x 5 cm in its dimensions;
• Include the DS-156E application. Form DS-156E (PDF) must be answered in its entirety ; 
• For first time requests. Evidence of the marital status of the main applicant must be included or evidence that demonstrates the relationship between the main applicant and any of his dependents (for example, the marriage certificate);
• If you changed status or extension of status. Copies of all documents for the change or extension of status must be included;
• For applicants with a representative attorney. They must include forms G-28 or G-28I (Notice to Appear as Attorney or Authorized Representative), signed by the principal applicant and her attorney. 

Note: It is not a legal requirement to hire the services of an attorney to apply for the E-1 visa, although it is highly recommended. Nevertheless, the G-28 form is necessary so that the US consulate can communicate with the representatives of the applicant for E-1 status (when they have one).

Presentation Letter

Applicants for the E-1 classification must include a letter describing the company and business. This letter must address all eligibility requirements for the E-1 visa. These are outlined in the Department of State’s Foreign Affairs Manual ( FAM ). The letter must show that:

• The company is currently operating;
• Such commercial activity is constant and significant;
• The treaty occurs primarily between the US and a treaty country;
• If the applicant is an employee of the enterprise, they must meet the skills and characteristics to fill the position of supervisor, executive or essential employee;
• Include another letter or statement signed by the primary applicant indicating that they intend to leave the US once their E-1 status ends.

Ownership Documentation And Structure Of The Company

Evidence of nationality (at least 50%), percentages of ownership and control of the enterprise must be included:

• For corporations: Certificates of ownership, articles of incorporation, registration of the sale of shares or certificates from the secretary of state.
• For private companies: Statutes of the organization, property registration or formation of the company.

Documentation For Subsidiary Companies And Others

If the company has subsidiaries, multiple owners, or the chain of ownership includes intermediaries, you must include:

1. Organizational chart showing the ownership structure of the company;
2. Legal evidence of the business constitution (shares and rights) where the names and percentage of ownership and shares are indicated;
3. Copies of the biographical data pages of the passports of each of the owners;
4. In case the business is an entity incorporated outside of the US, an organizational chart of its ownership structure and a certificate of registration of where the business is incorporated must be submitted. 

Applicant Qualifications

• Curriculum vitae;
• Company organization chart, showing:
  • Your position within the company;
  • Direct Reports;
  • Identification to be replaced (if applicable). 
• If the visa is requested as an employee with executive or supervisory responsibilities, evidence must be included that demonstrates that they meet all the necessary requirements or skills.
• If you apply for the visa as an essential employee, you must provide evidence that you have essential skills that the company needs as a priority;
  • Also, explain why a US citizen or Lawful Permanent Resident cannot fill the position.

Evidence Of Trade In The US

You must include all possible evidence that demonstrates that the commercial activity is substantial and that 50% of the activities are carried out with the US. The applicant must submit a report or spreadsheet listing the international transactions of the last 12 months.

Financial Documents

It must include:

• The last 12 months of records or statements of the company’s bank accounts;
• The last 3 years of the financial statements;
• Most recent federal tax reports for the company in the US and for the applicant (if the applicant has previously worked in the United States).

What Is The E-1 Visa For A Canadian National?

The documentary exemption for Canadian nationals under the North American Free Trade Agreement (NAFTA) does not apply for the E-1 visa or the E-2 visa.

Unlike TN, B-1, B-2 and L-1 visas, Canadian citizens have to apply for an E-1 visa at a US consulate. If a Canadian citizen is in the US and seeks to change her status to E-1 or E-2, she may experience delays in the event that she needs to leave the US and be readmitted under a E-1 or E-2 visa.

Under this scenario, if the Canadian citizen left the US, they must obtain a visa from a US consulate before applying for readmission to the US under E-1 or E-2 status.

Note: The application process for an E-1 visa for a Canadian citizen is similar to the one explained in this article. All information related to the application must be gathered and the required documents sent to evisacanada@state.gov . You can get more information on the website of the US embassy and consulate in Canada.