E-1 Treaty Trader Visa: Requirements, Stay, and How to Apply

The E-1 is for people who run or work for a business that trades between the US and their home country. You must be a citizen of a country that has a treaty of commerce and navigation (or a qualifying agreement) with the US.

The State Department keeps the official list of treaty countries. It shows separately whether each country qualifies for E-1, E-2, or both. Some large countries, including India, China, and Brazil, are not on the list.

Two kinds of people use the E-1:

• The treaty trader: the owner or principal who directs the trade.
• Employees: staff of the same nationality who work in an executive or supervisory role, or who have skills essential to the business.

If you want to invest in and run a US business rather than trade, look at the E-2 treaty investor visa.

Employees must have the same nationality as the treaty trader and fill an executive, supervisory, or essential-skills role. Ordinary skilled or unskilled workers don't qualify.

• Work only for the E-1 business that qualified you. Working for another company needs its own authorization.
• Travel in and out of the US while your visa is valid.
• Bring your spouse, who can work for any employer, and your unmarried children under 21, who can study.

Small business owners often use the E-1 for import and export firms, trading houses, logistics, and service companies that sell mostly between two countries.

• Each admission is for up to 2 years.
• You can request extensions of up to 2 years at a time, with no maximum number of extensions, as long as the business still qualifies.
• The visa stamp itself may be valid for a different period, set by reciprocity with your country. A short visa stamp doesn't shorten your stay if you are already inside the US.
• Each time you re-enter, you can generally be admitted for a new 2-year period.

Your spouse and unmarried children under 21 can come in E-1 dependent status. They don't need to share your nationality.

• Spouses are allowed to work because of their status. Since January 2022, their I-94 record shows "E-1S", which employers accept as proof of work authorization. They don't need to apply for a separate work permit, although they can.
• Children can attend school and university but cannot work. Their status ends at 21.

• Visa application fee: $315 for E visas as of September 2026. Some nationalities also pay a reciprocity fee at issuance.
• Visa integrity fee: A $250 visa integrity fee, created by a 2025 law, is charged when a visa is issued. As of September 2026, consulates have rolled it out unevenly, so check your embassy's fee page.
• Change of status inside the US: if you are already in the US in another status, your company can file Form I-129 with USCIS. As of September 2026, the fee for E and TN petitions is $1,015 on paper or $965 online ($510 for small employers and nonprofits), plus the Asylum Program Fee of $600 ($300 for small employers, $0 for nonprofits). Premium processing is $2,965. See the fee schedule.
• Lawyer and accountant fees are often the largest cost, because the trade records must be well documented.

See the State Department's fee page for current amounts.

The E-1 does not lead to a green card, and you must intend to leave when your status ends. However, the E-1 is not strictly tied to keeping a home abroad, and many holders later pursue permanent residence through:

• EB-1C for multinational executives and managers, if the company has a related business abroad.
• Employer sponsorship through PERM and EB-2 or EB-3.
• EB-5 investment.

Filing an immigrant petition can affect future E-1 renewals. Talk to a licensed immigration lawyer about timing.

• Trade is too small or too irregular to be "substantial."
• Less than half of the international trade is with the US.
• Ownership records don't prove that treaty nationals own at least 50%.
• The applicant is an employee without an executive, supervisory, or essential role.
• Weak documents: missing invoices, bills of lading, contracts, or tax returns.

If you are refused, see visa denials and waivers and 221(g) administrative processing.

Travel ban. Proclamation 10998 took effect on January 1, 2026, and has no end date. It limits visas for nationals of 39 countries: for 19 countries it suspends almost all visas, and for the other 20 it suspends immigrant visas plus B, F, M, and J visas. USCIS is also holding many pending cases from these countries for extra review. Check Travel ban status before you pay fees or book travel.