NonimmigrantEmployment-basedTreaty country nationalsNo annual capSpouse may work

E-1 Treaty Trader

For nationals of treaty countries who carry on substantial trade, mainly between the U.S. and their home country, and for their key employees.

Last reviewed Oct 1, 2026Sources: USCIS · Department of State · eCFRReport an error

At a glance

Who can apply: Nationals of an E-1 treaty country (54 listed)
Trade test: More than 50% of the firm’s international trade is between the U.S. and the treaty country
Admission: Up to 2 years per entry
Extensions: 2-year increments, no limit on number
Visa fee: $315 + reciprocity fee where applicable
Spouse: Work-authorized incident to status

Treaty country required. Only nationals of countries on the State Department’s treaty list (9 FAM 402.9-10, updated February 17, 2026) with an E-1 treaty qualify. At least 50% of the trading company must be owned by nationals of that country.

Overview

The E-1 classification is for a national of a treaty country who comes to the U.S. solely to carry on substantial trade, mainly between the U.S. and that country. It also covers employees of the same nationality who work in an executive or supervisory role or who have skills essential to the business (USCIS). Trade includes goods, services, technology, international banking, insurance, transportation and tourism.

“Substantial” means a continuous flow of sizable trade transactions. “Principal trade” means more than 50% of the firm’s international trade is between the U.S. and the treaty country. The business must have the treaty country’s nationality, meaning nationals of that country own at least 50% of it.

The State Department’s treaty table lists 54 countries with E-1 privileges. Examples are Canada, Mexico, the United Kingdom, Germany, France, Japan, Korea, Taiwan and Portugal (added March 15, 2024). Some countries have E-2 privileges but not E-1, and the reverse; Greece and Brunei, for example, are E-1 only. Most applicants apply for an E-1 visa at a U.S. consulate. Someone already in the U.S. in another status can ask USCIS for a change of status.

Who qualifies

The trader (or trading company) must

Have the nationality of a treaty country. If a company, at least 50% must be owned by nationals of that country.
Carry on substantial trade: a continuous flow of numerous transactions over time, not a single deal.
Carry on principal trade between the U.S. and the treaty country, meaning more than 50% of its international trade by volume.
Intend to leave the U.S. when E-1 status ends.

An employee must also

Have the same treaty nationality as the employer.
Work in an executive or supervisory role, or have special qualifications essential to the business.

Duration & extensions

Initial admission	Up to 2 years (8 CFR 214.2(e)(19))
Extensions	Up to 2 years each, with no limit on the number (USCIS)
Travel	Each return normally brings a new 2-year admission period
Visa validity	Set by the reciprocity schedule for the applicant’s nationality, separate from the admission period
Passport rule	Admission generally cannot run more than 6 months past the passport’s expiration

Fees

E visas are usually issued at a U.S. consulate. USCIS fees apply only when filing inside the U.S. All USCIS amounts come from the USCIS fee schedule (G-1055, edition 10/01/26).

Fee	Amount	Who pays	Notes
Visa application fee (E category)	$315	Applicant	Charged per applicant, including dependents.
Visa issuance (reciprocity) fee	Varies by nationality	Applicant	Set by the reciprocity schedule for the applicant’s country. The same schedule also sets visa validity and number of entries.
Form I-129 (change of status or extension in the U.S.)	$1,015 paper / $965 online	Petitioner	Small employers and nonprofits pay $510.
Asylum Program Fee (with Form I-129)	$600	Petitioner	$300 for small employers; $0 for nonprofits.
Premium processing (optional)	$2,965	Petitioner	Available for E-1 and E-2 petitions filed with USCIS.
Form I-539 (dependents extending or changing status)	$470 paper / $420 online	Dependent	Spouses and children extend on Form I-539.

Public Law 119-21 (signed July 4, 2025), section 100007, requires a Visa Integrity Fee of at least $250 when a nonimmigrant visa is issued. As of October 1, 2026, the State Department’s fee schedule (22 CFR 22.1) lists no Visa Integrity Fee and no implementing notice has been published in the Federal Register, so the amount actually collected at visa issuance should be confirmed with the consulate.

Processing time

Premium processing (I-129): 15 business days; USCIS timeframe for premium-eligible classifications, including E-1 and E-2.
Readmission period: 2 years; Each readmission gives a new period of up to 2 years (8 CFR 214.2(e)(19)).

Consular wait times vary by embassy. Many posts have their own E-visa submission procedures. Regular USCIS processing for in-country filings varies; check USCIS processing times.

Application steps

1
Check treaty eligibility
Confirm that the applicant’s country has an E-1 treaty and that the company is at least 50% owned by nationals of that country.
2
Document the trade
Gather invoices, bills of lading, contracts and similar records showing substantial trade, more than half of it between the U.S. and the treaty country.
3
Complete the forms
File the online DS-160. E-1 applicants also submit Form DS-156E (9 FAM 402.9-11).
4
Pay fees and book the interview
Pay the $315 application fee and follow the embassy’s E-visa submission process. Most applicants must interview in person.
5
Enter the U.S.
On admission, CBP issues an I-94 for up to 2 years. Spouses receive E-1S annotations.
6
Extend as needed
Extend by traveling abroad and being readmitted, or by filing with USCIS (Form I-129 for the principal, Form I-539 for dependents).

Required documents

From the business

Evidence of company ownership and nationality (share registers, articles of incorporation)
Trade records: invoices, purchase orders, letters of credit, bills of lading, customs records
Business licenses and financial statements

From the applicant

Passport showing treaty nationality
DS-160 confirmation and DS-156E
Evidence of an executive or supervisory role or essential skills (for employees)

Dependents & family

Spouses and unmarried children under 21 may receive E-1 status, whatever their own nationality. Visas for dependents who are not treaty nationals follow the principal’s country reciprocity schedule (9 FAM 402.9).

A spouse in E-1 status is employment authorized incident to status. An unexpired Form I-94 annotated E-1S (issued since January 30, 2022) is acceptable proof of work authorization; a separate EAD is optional. Children (E-1Y) are not authorized to work but may study.

Path to a green card

E status is not dual intent, but no foreign residence is required. A clear intention to leave the U.S. when E status ends is normally sufficient (9 FAM 402.9). Someone with an approved immigrant petition must still show they intend to depart at the end of the authorized stay.

Step 1

Employment- or investment-based petition

E workers and investors may pursue permanent residence through an employer petition (e.g. EB-2 or EB-3) or, for investors, the separate EB-5 program with its own investment thresholds.

Step 2

Adjustment or consular processing

Once a visa number is available, the person applies to adjust status in the U.S. or for an immigrant visa abroad. Travel and extensions in E status while a green card case is pending need care.

There is no direct conversion from E-1 or E-2 to a green card.

E-2

Treaty investor

For treaty nationals investing capital in a U.S. business.

L-1A

Intracompany manager

Transfers within multinational companies, without a treaty requirement.

USMCA professional

Option for Canadian and Mexican professionals.

E-3

Australian professional

Treaty-based specialty occupation visa for Australians.

B-1

Business visitor

Short trips to negotiate deals without working in the U.S.

Common questions

Is there a minimum amount of trade?

No fixed dollar amount. The trade must be substantial, meaning a continuous flow of sizable transactions, and more than 50% of the firm’s international trade must be between the U.S. and the treaty country.

Can an E-1 spouse work?

Yes. Spouses in E-1 status are employment authorized incident to status, and an I-94 annotated E-1S is acceptable proof. Children cannot work.

How long can someone stay on E-1?

Each admission is for up to 2 years, and extensions in 2-year increments have no set limit. The person must still intend to leave when E-1 status ends.

Is the visa valid as long as the admission?

Not necessarily. Visa validity and fees come from the reciprocity schedule for each country. Admission on each entry is up to 2 years regardless of visa validity.

Which countries qualify?

Only countries listed with E-1 in the State Department’s treaty table (9 FAM 402.9-10). The table is updated as treaties change; Portugal, for example, was added in 2024.

Official sources

Recent changes

Mar 1, 2026
Premium processing fees adjusted for inflation. A final rule published January 12, 2026 (91 FR 1059) raised premium processing fees effective March 1, 2026; the I-907 fee for E-1 petitions is now $2,965. Source ↗
Jan 1, 2026
Proclamation 10998 expands entry restrictions. Signed December 16, 2025 and effective January 1, 2026, it continues the June 2025 restrictions and adds more countries. Nationals of fully restricted countries are barred from entry on any visa unless an exception applies; for partially restricted countries, consular officers are told to shorten the validity of nonimmigrant visas other than B, F, M and J. Source ↗
Oct 1, 2025
Narrower visa interview waivers. Since October 1, 2025, nearly all nonimmigrant visa applicants need an in-person interview. The exceptions are mainly diplomatic and official visa classes (including TECRO E-1 applicants) and certain B-1/B-2 and H-2A renewals. Consular officers can still require an interview in any case. Source ↗
Jul 4, 2025
Visa Integrity Fee enacted. Public Law 119-21 created a non-waivable Visa Integrity Fee of at least $250, due when a nonimmigrant visa is issued. As of October 1, 2026, the State Department’s fee schedule does not list it. Source ↗
Apr 1, 2024
New USCIS fee schedule and Asylum Program Fee. The USCIS fee rule published January 31, 2024 took effect April 1, 2024. It set separate Form I-129 fees for each classification, created reduced fees for small employers and nonprofits, and added an Asylum Program Fee to I-129 petitions. Source ↗
Mar 15, 2024
Portugal added as an E-1/E-2 treaty country. Under Public Law 117-263, the State Department confirmed reciprocity, and E-1 and E-2 visas have been issued to nationals of Portugal since March 15, 2024. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.