E-1 treaty trader and treaty investors visas

US non-immigrant E-1 treaty trader visa 

E-1 Treaty Traders & E-2 Treaty Investors: Fast, Flexible Business Visas

Who qualifies

  • Treaty citizenship : The company and the applicant must share a citizenship that has an E-visa treaty with the U.S.
  • E-1 (Treaty Trader): The company carries on substantial, continuous trade in goods, services, or technology, and more than 50% of its international trade is principally between the U.S. and the treaty country.
  • E-2 (Treaty Investor): The applicant has made (or is actively making) a substantial, at-risk investment in a real, operating U.S. enterprise that is more than a marginal business (i.e., generates significant income or jobs).

Eligible people

  • Principals (owners/executives/supervisors with essential skills).
  • Employees of the same treaty citizenship in executive/supervisory roles or with specialized knowledge.
  • Family: Spouses and unmarried children under 21; spouses may work in the U.S. incident to E status.

Key requirements

  • Documentable operations: Contracts, invoices, bank flows, payroll, leases, licenses.
  • E-2 only: Detailed source of funds and use of funds; credible business plan showing job creation and growth.

How to apply

  • Abroad: Consular filing with DS-160 (and DS-156E where required) + company package.

Strategy tips

  • For E-1, organize trade data by volume/value and counterparties to prove “principal trade.”
  • Build a job-creation narrative and margins that surpass sole-owner subsistence.
  • Keep ownership at or above 50% treaty ownership and document any holding-company layers.

Common pitfalls

  • “Paper” companies with no real operations; thin capitalization; missing source-of-funds trail; or roles that don’t match executive/specialized criteria.

Bottom line: E-1/E-2 visas provide renewable, practical pathways for treaty-nation businesses, executives, and investors to operate and grow in the U.S.

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