Guide to the E-1 Treaty Trader Visa for the USA

The E-1 visa ("Treaty Trader Visa") is a visa for business people from US treaty countries that lets you live and work in the USA. The condition: you carry on substantial trade between trading partners in the United States and the country of which you are a citizen.

So if you are, say, a Swedish or Danish national already selling successfully in the USA on Amazon through your company at home, you can apply for the E-1 visa and use it to move to the USA.

Because the E-1 visa can be renewed indefinitely and requires no investment in the USA, it is one of the most attractive visa options if you work in trade.

Find US visa options for freelancers, the self-employed & influencers here.

Traveling to the United States without a visa? You'll find valuable tips for a stress-free trip to the United States with ESTA in our blog article.

1
What is the E-1 visa?

The E-1 visa is a special visa for business people from certain "treaty countries". It allows someone to work in the USA and carry on substantial trade between individuals and companies in the United States and the country of which they are a citizen or national. This trade can take place across a wide range of industries, including transportation, communications, banking, advertising and management.

2What are the benefits of the E-1 visa?

The E-1 visa has plenty of benefits. Here are some of them.

• You can work legally in the United States.

• You can travel freely in and out of the United States.

• The visa can be renewed indefinitely, for up to two years at a time.

• Your spouse and your dependent children (unmarried children under 21) can also qualify for E-1 status. With E-1 status your children can attend school, and since November 2021 your spouse is authorized to work based on their E-1 status alone; a separate work permit (EAD: Employment Authorization Document) no longer has to be applied for.

3What are the requirements for the E-1 visa?

Several requirements must be met to get an E-1 visa. An immigration attorney can help you work out whether you meet them.

3.1You must be a national of a country that has a treaty of commerce and navigation with the United States.

The E-1 visa is only available to nationals of certain countries. As of August 2026, nationals of the following countries are eligible to apply: Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, Chile, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Ireland, Israel, Italy, Japan, Jordan, South Korea, Kosovo, Latvia, Liberia, Luxembourg, Mexico, Montenegro, New Zealand, the Netherlands, North Macedonia, Norway, Oman, Pakistan, Paraguay, the Philippines, Poland, Portugal, Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey and the United Kingdom.

If the treaty trader is a company (rather than an individual), at least 50% of the company must also be owned by nationals of the treaty country. Only employees who are nationals of that treaty country qualify for the E-1 visa. There are two exceptions to this rule:

• If the company is owned in equal shares by nationals of two treaty countries, it can be treated as a joint venture. In that case, nationals of either country are eligible for an E-1 visa.

• In some cases the treaty between the USA and the treaty country extends to certain territories and possessions outside the treaty country (e.g. the United Kingdom). Residents of those territories may then qualify for an E-1 visa.

3.2Your activity must count as "trade".

To qualify for an E-1 visa, a person's activity must be considered trade. According to the US Department of State, trade requires (1) a "meaningful" exchange, (2) an international scope and (3) a qualifying item such as goods, money or services. There must also be existing trade between the person or organization and the United States.

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3.3The trade must be substantial

To qualify for the E-1 visa, the trade must be considered substantial. Substantial trade is defined as trade "sufficient to ensure a continuous flow" between the USA and the treaty country. In practice, consular officers issuing E-1 visas focus more on the number of transactions than on their monetary value.

3.4The trade must be principally between the United States and the treaty country.

For the trade to be principally between the USA and the treaty country, more than 50% of the treaty trader's international trade volume must take place between the USA and the treaty country.

3.5You must be essential to the success of the business.

To get an E-1 visa, you must not only share the nationality of the principal employer and show that you are lawfully employed, you must also show that you are needed for the efficient operation of the business. That can rest on your role and qualifications as a supervisor, manager or executive, or on other special qualifications you hold.

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3.6You must show that you plan to leave the USA when your E-1 status ends.

You don't have to prove that you will keep property abroad, but you do have to show that you will leave the United States when your E-1 status ends. A written statement can do this.

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4The E-1 visa process

Applying for an E-1 visa is a multi-step process, explained below. An immigration attorney can support you along the way.

You can apply for E-1 status either from within the USA through USCIS or from outside the USA through a US consulate. Whichever route you choose, you will need certain documents:

• Form G-28: Form G-28 is the Notice of Entry of Appearance as Attorney or Accredited Representative. Your attorney or representative completes it, and it shows they are authorized to act on your behalf;

• Passport or a copy of the passport's biographic page;

• Proof that you meet the conditions for E-1 status;

• Information about the business, such as the type and scale of its activities and who owns it;

• Support letter from the US company: this letter comes from your US employer and explains why your services are necessary for the company's activities;

• Proof that you intend to leave the country when your E-1 status ends.

5Applying for an E-1 visa

If you are outside the USA, you must apply for an E-1 visa at a consulate or embassy abroad. To apply, you should work with an experienced immigration attorney who gathers and prepares all the documents your application needs. Mount Bonnell Advisors works with specialist attorneys on the firm's team who give you expert support with your visa application, in English.

Please note that consulates differ in which documents they require and how those documents must be organized and presented. Check the consulate's website to make sure your documents are submitted correctly. Note too that most consulates do not accept third-country nationals, so you will most likely need to go through the consulate in your own country.

Once all the required documents are in place, your attorney completes Form DS-160 on your behalf. Form DS-160 is the online application for a nonimmigrant visa. Consular officers use the information in it to decide whether you qualify for a nonimmigrant visa such as the E-1.

Your attorney will also complete Form DS-156E on your behalf. Form DS-156E is the Nonimmigrant Treaty Trader/Investor Application. On it, you provide details about your company and about yourself. This document also helps the consular officer decide whether you should be granted an E1 visa.

Your attorney will then submit your complete E1 visa application, with all supporting documents, directly to the consulate.

In due course, you will schedule an in-person interview with a consular officer. Your attorney should prepare you for what to expect at the visa interview.

At the interview, you may be asked a range of questions about your E1 business, your personal background, your immigration plans and so on. Once the interview has gone well, you should have the E1 visa stamped in your passport within a few days.

With the E1 visa, you can enter the United States under the terms of the visa. When you enter the United States, you are granted E1 status.

5.1Change of status

If you are in the United States in valid nonimmigrant status and have maintained that status without interruption, you may be able to apply for a change of status to E1. To do so, you file a change of status petition with USCIS.

To apply for a change of status, you should work closely with an experienced immigration attorney. Your attorney will work with you to gather all the documents needed to process the change of status application.

Your attorney will also complete Form I-129 on your behalf. Form I-129 is the Petition for a Nonimmigrant Worker. You also need to complete the E Supplement to this form.

You can also file Form I-907. Form I-907 is the Request for Premium Processing Service. You file it to request faster processing of your petition.

Once all documents are gathered and the forms are completed, your attorney will send the completed petition to USCIS, together with a copy of the biographic page of your passport and a copy of your I-94 record.

Once your change of status is approved, you hold E1 status. This is not a visa. With the approved change of status, you receive a new I-94 showing your new E1 status and the date until which it is valid.

The entire change of status process takes place inside the USA.

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6What documents do you need for the E1 visa?

The E1 visa application can call for a lot of paperwork. Below is a list of documents you may need. Please note that this is only a general list, and the documents required can vary with your situation. An immigration attorney can help you work out exactly which documents you need in your circumstances.

• Evidence of the ownership and nationality of the company (e.g. articles of incorporation, bylaws, ownership documents, annual reports, stock exchange listings and/or a statement from an auditor);

• Evidence that you are engaged in substantial trade (e.g. contracts, receipts, inventories, financial statements and/or copies of business plans);

• Evidence that you intend to return home after your stay in the United States (e.g. a property deed, a signed statement, evidence of plans abroad once your E1 status ends);

• Form DS-160;

• Form DS-156E;

• Form I-129;

• Form I-907;

• Form G-28;

• Valid passport or a copy of the passport's biographic page;

• I-94 record;

• A valid visa photo;

• Receipts showing you have paid the fees;

• Confirmation of your visa appointment;

• A letter from your employer.

7E1 visa fees

7.1E1 visa

When you apply for an E1 visa, the visa application fee is $315 per applicant. Since October 2025, the new Visa Integrity Fee of $250 per visa issued may be added on top; consulates are not yet collecting it consistently.

7.2Change of status

If you apply for a change of status, the filing fee for Form I-129 in the E1 category is $1,015 ($510 for small employers and nonprofits), plus the Asylum Program Fee of $600 ($300 for small employers, $0 for nonprofits). There is also an optional additional fee of $2,965 for premium processing. Premium processing speeds up your petition, and you get a response within 15 business days.

If you have dependents, such as a spouse and children, to include in your change of status, Form I-539 carries an additional fee of $470 ($420 if filed online).

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8E1 visa processing time

8.1E1 visa

How long your E1 visa takes overall depends on many factors, including the time of year and the consulate you go to. As a rough estimate, an E1 visa application takes about 2-3 months.

8.2Change of status

For a change of status through USCIS, a petition takes about 6-8 months on average. With optional premium processing, you can get a response within 15 business days.

9E1 extension

E1 status is granted for 2 years at a time. There is, however, no limit on how many extensions you can apply for. To request an extension of status, you file the following forms with USCIS:

• Form I-129: Form I-129 is the Petition for a Nonimmigrant Worker. It requests permission for a foreign national to work in the United States for a limited period.

• Form I-539: Form I-539 is the Application to Extend/Change Nonimmigrant Status. With it, you request an extension of E1 status for your family members.

Please note that you must update your paperwork if your duties or the company's ownership change, or if your employment ends. Also note that a treaty trader on an E1 visa may only work in the role for which they were originally approved.

Employees on an E1 visa may work for the parent company or subsidiaries of the treaty organization, as long as there is an established relationship and the job requires executive, supervisory or essential skills.

I or someone on my team would be glad to talk through your E1 options with you and help with any other questions.

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10What this means for you

The E1 visa is a special visa for business people from certain treaty countries. It lets you work in the USA and carry on substantial trade between individuals and companies in the United States and the country whose citizen or national you are. You should now have a clearer picture of the E1 visa as a whole, including its benefits, its requirements and the application process.

If you have questions about anything in this guide and think the E1 visa could be a good fit for you, the best next step is to book a consultation so we can go through your case in detail. For an overview of every route to the USA, see our visa section; if you would rather come through an investment than through trade, read our guide to the E2 investor visa.

The E-1 for your nationality

Every country below has a treaty that qualifies its citizens for the E-1. The visa itself, its fee and how long it is issued for depend on your nationality:

Source: U.S. Department of State, 9 FAM 402.9 (treaty country table) and the reciprocity schedule for each country.

In short

• The E-1 is the visa for business people from treaty countries who carry on substantial trade between the USA and their home country, with no investment in the USA.
• The trade must be substantial, meaning a continuous flow of many transactions, and more than 50 percent of it must be between the USA and the treaty country.
• You apply at the consulate with the DS-160 and DS-156E, or inside the USA through a change of status with Form I-129.
• E-1 status is granted for up to two years at a time and can be extended without limit; your spouse and children under 21 can come with you, and your spouse may work.

Frequently asked questions

Who can apply for the E-1 visa?

Nationals of a country that has a treaty of commerce and navigation with the USA, which includes many European countries. If the treaty trader is a company, at least 50 percent of it must be owned by nationals of that country.

Do I have to invest in the USA for the E-1?

No. The E-1 is based on trade, not investment. The trade must be substantial, and more than 50 percent of it must be between the USA and your treaty country. If you would rather come through an investment, the E-2 investor visa is your route.

How long is E-1 status valid?

Up to two years at a time. There is no limit on the number of extensions, as long as you continue to meet the requirements.

Can my spouse work on an E-1?

Yes. Your spouse and unmarried children under 21 can also receive E-1 status. Your spouse is authorized to work on the strength of their E-1 status alone and does not need a separate work permit.

How much does the E-1 visa cost?

At the consulate, the visa application fee is $315 per applicant. For a change of status inside the USA, Form I-129 costs $1,015 ($510 for small employers and nonprofits), plus the Asylum Program Fee; premium processing costs an extra $2,965. All fees are listed in the fees section.

How long does the process take?

At the consulate, the estimate is about two to three months, depending on the consulate and the time of year. A change of status with USCIS takes about six to eight months on average; with premium processing, you get a response within 15 business days.

How we help you

• Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
• Visa Roadmap for Company FormationFormation and visa in one plan, so the company carries the visa.
• Form a CorporationThe US corporation (Inc) for growth, investors and your visa.
• US market entrySubsidiary, staff, taxes: your start in the US market.
• Visa and Green Card ConsultationWhich route to the USA fits you, settled in one conversation.