Investor & founder routes
What is the E-1 treaty trader visa?
The E-1 is a temporary U.S. status for a citizen of a treaty country — or a key employee of a treaty-country business — who comes to carry on substantial, continuous trade, more than half of it between the United States and that country. Trade means goods, services, banking, transport, technology and more. It needs no investment, has no dollar minimum, renews in two-year increments without limit, and, unlike the O-1 or H-1B, you apply for it yourself.
Primary legal authority
- INA §101(a)(15)(E)(i) — Defines the treaty trader classification.
- 8 CFR §214.2(e)(1), (9)–(11) — Solely to carry on substantial trade principally between the U.S. and the treaty country; 'items of trade', 'substantial trade' (a continuous flow of numerous transactions, never a single deal) and 'principal trade' (over 50% of the trader's international trade).
- 8 CFR §214.2(e)(3), (17)–(18) — Employees qualify in executive or supervisory roles, or with special qualifications essential to the enterprise; same nationality as the employer.
- 9 FAM 402.9-10 (rev. Feb. 17, 2026) — The State Department's treaty-country table. It has separate E-1 and E-2 columns: Greece and Brunei are E-1 only; Grenada and Bangladesh are E-2 only.
This page explains the E-1 in general. Check whether you qualify for E-1 — a few questions, no account needed to see the result.
Who qualifies
You must be a citizen of a country with an E-1 entry in the State Department's treaty table, and you must be coming to the United States solely to carry on trade of a substantial nature that is international in scope and principally between the U.S. and your treaty country. You can do that on your own behalf, or as an employee of a treaty-country business — but only in an executive or supervisory role, or in a lesser role where your special skills are essential to the business. An employee must share the employer's treaty nationality.
If the trader is a company, its ownership is traced to the people behind it: at least 50% must belong to nationals of the treaty country.
What counts as trade
More than shipping goods. The regulation lists goods, services, international banking, insurance, money, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and some news-gathering. A software company selling to U.S. customers, a design studio or a logistics operator can all be traders.
The trade must already exist when you apply, and it must be for consideration. A plan to start trading does not qualify.
How much trade is substantial, and what 'principally' means
There is no dollar figure. Substantial trade is an amount sufficient to ensure a continuous flow of trade between the U.S. and the treaty country — numerous transactions over time. One transaction, however large or long-running, is never enough, and the regulation gives more weight to the number of exchanges than to their value.
Principal trade means that over 50% of the volume of your international trade is between the United States and your treaty country. Trade with other countries counts against that share; domestic sales inside your own country are not international trade at all.
How you apply
From outside the U.S., you apply directly to a U.S. consulate on Form DS-160; there is no petition. From inside the U.S. in another lawful status, USCIS states that the treaty trader may file Form I-129 to request a change of status to E-1 — you are the applicant. A change of status is not a visa, so your first trip abroad still means a consular application. An employee of a treaty business is applied for by the employer.
How long you can stay, and your family
The initial stay is up to two years, with extensions of up to two years each and no limit on the number, as long as the trade continues to qualify. You must keep the intention to leave when your status ends; the E-1 does not lead to a green card by itself.
Your spouse and unmarried children under 21 can come with you, and they do not need the treaty nationality. Spouses are authorized to work automatically (E-1S status); children can study but not work.
Frequently asked questions
Is there a minimum amount of trade for the E-1 visa?
No dollar figure. 8 CFR §214.2(e)(10) requires trade sufficient to ensure a continuous flow of international trade items between the U.S. and the treaty country, contemplating numerous transactions over time; a single transaction is never enough, however large.
Can I apply for an E-1 visa without an employer?
Yes, if the trade is yours. You apply directly to a consulate on Form DS-160, or, from inside the U.S., USCIS states the treaty trader may file Form I-129 for a change of status themselves. Only an employee of a treaty business needs the employer to apply.
Does trade in services count for E-1?
Yes. 8 CFR §214.2(e)(9) lists services alongside goods: international banking, insurance, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism and technology transfer all count.
What is the difference between E-1 and E-2?
E-1 is for trade; E-2 is for investment. E-1 needs substantial, continuous trade principally (over 50%) between the U.S. and your treaty country and no investment; E-2 needs a substantial at-risk investment in a U.S. business you develop and direct and no trade history. Both give the same two-year renewable status and spouse work authorization, and some countries qualify for only one of them.
Can my spouse work on an E-1 visa?
Yes. Spouses in E-1 or E-1S status are employment authorized incident to status, with no separate work permit required; an unexpired I-94 annotated E-1S is evidence of that authorization.
Does this apply to you?
Everything above is the general rule. Whether the E-1 is the right route for you depends on your own record — your role, your evidence and your timing. The assessment works through that and tells you where you actually stand.
Check your E-1 eligibilityJustiGuide provides legal information, not legal advice, and is not a law firm. This page is a general overview and is not a substitute for advice about your specific situation from a licensed immigration attorney. Last reviewed 2026-09-23.