Investors
E1 Treaty Trader Visa for Investors: Full Guide
The E1 visa is a temporary work visa made for people that work for a company that trades with the U.S. In this E1 visa guide, you'll learn everything you need to know about the E1 visa requirements, processing time, and costs.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
7 min read • Feb 13, 2024
Key takeaways
The E1 visa allows people to manage their trading business in the U.S.
You can stay in the U.S. indefinitely on an E1 visa!
Many different kinds of businesses have E1 visa eligibility
The E1 visa is only for citizens of specific countries with treaties with the U.S.
The E1 visa is eligible for Premium Processing if you are applying from the U.S.
E1 visa lawyers at Manifest Law can help you prepare the full package of documents prior to filing
Take our E1 visa quiz to find out.
The E1 visa countries currently include:
Argentina
Australia
Austria
Belgium
Bolivia
Bosnia
Brunei
Canada
Chile
China (Taiwan)
Colombia
Costa Rica
Croatia
Denmark
Estonia
Ethiopia
Finland
France
Germany
Greece
Honduras
Ireland
Iran
Israel
Italy
Japan
Jordan
Korea (South)
Kosovo
Latvia
Liberia
Luxembourg
Macedonia
Mexico
Montenegro
Netherlands
Norway
Oman
Pakistan
Paraguay
Philippines
Poland
Serbia
Singapore
Slovenia
Spain
Suriname
Sweden
Switzerland
Thailand
Togo
Turkey
United Kingdom
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💡 Manifest Tip: If you got your nationality in a treaty country through a financial investment, you will need to show that you lived in that country for at least 3 years before applying for the E-1 visa.
Usually, determining your individual citizenship is straightforward. For most people, it’s the country that issues your passport. It gets a little more complicated with companies sometimes, so let’s go over that.
Generally speaking, the nationality of a business is determined by the nationality of the individual owners of the business. So if you’re a French citizen and you own the whole business, then the business would be considered French as well.
USCIS doesn't care so much about where the business is incorporated, but if it's a public company on the stock exchange, they will assume the company’s nationality is where the exchange is located. In any case, at least 50% of the business needs to be owned by people from a treaty country in order to qualify for an E1 trader visa.
You have to pick only one country for the E1 visa application, so in the case of a 50-50 split in ownership, you have to choose one country for the E1 process.
💡 Manifest Tip: When figuring out a business's nationality, the stock shares owned by U.S. permanent residents don't count.
Not sure if you or your company meet the nationality requirement?
Reach out to Manifest Law and our experienced E1 visa attorneys can help you unpack USCIS requirements.
What counts as an “exchange”?
An exchange, in the context of the E-1 visa requirements, means a beneficial transaction involving at least two companies. For example, this could be selling a product or providing a service that you’re paid for.
What is “international” trade?
At its core, the E-1 visa is all about boosting international trade between two countries. Therefore, the exchange in goods or services must be between the United States and the other treaty country, not just business in one country.
There's another important E1 visa requirement, and it's known as the "Percentage of Trade" requirement. Simply put, this means that over 50% of trade activities should take place between the U.S. and the Treaty Country.
What is “Existing” Trade?
The E-1 visa isn't about coming to the U.S. to set up new business ventures – instead, it's tailored for situations where trade is already in motion. The proof of this ongoing trade is a key element, usually demonstrated through past transactions and revenue.
In certain cases, immediate trade contracts could also count.
What is “Substantial” Trade?
Another E1 visa requirement is that of “substantial” trade, meaning there must be a continuous flow of money and many transactions over time. It's not just about a couple of one-off deals – for the E1 visa, USCIS assesses both the frequency and significance of the transactions.
What kinds of products and services can be traded?
In the case of the E1 visa, many different products or services could count as trade, such as:
Physical goods
Consulting
Tax services
Marketing services
International banking
Insurance
Transportation
Tourism
Data processing
Advertising
Design
Engineering
Technology and its transfer (including IT consulting, IT development, etc.)
Communications
E-commerce
Let’s take a look! Here are a few E1 visa examples of businesses that could potentially qualify for an E-1 visa for their owners or employees:
A UK consulting firm offering services to clients in the US.
A healthcare device manufacturer in Korea exporting products to the U.S.
An advertising company in the U.S. providing services to clients in Thailand.
A fabric company in Italy supplying fabric to U.S. clients.
A U.S. seafood trading company importing fish from Japan.
A graphic design company in the Netherlands serving U.S. clients.
As long as you meet the E1 visa requirements above, almost any kind of business could be eligible. But remember – submitting the right evidence is critical to E1 visa application success.
💡 Manifest Tip: You do not necessarily need a physical office space to qualify for an E visa. Although having physical office space may be helpful, it is not an E1 visa requirement.
Typically, under an E-1 visa, you can stay in the U.S. in 2-year increments. There isn't a predetermined limit on the total duration in E-1 status, as long as you consistently meet the E1 visa requirements by successfully managing your business and renewing the visa.
It’s important to keep in mind that the E-1 visa is designed for a temporary stay in the U.S. for living and working purposes. When applying, you'll need to include a statement confirming your intention to return home once your work under E-1 status ends. However, you do not need to specify the total amount of time that you wish to remain in the U.S. in advance.
Unfortunately, there's no straight shot from an E1 visa to green card. But hey, don't lose hope! If you have another path through a family connection or another work-related process, you might find your way to a green card. Interested in learning more? Check out our detailed E1 visa to Green Card step-by-step article here.
If you're curious about your eligibility for an E-1 visa, Manifest can help. Our team will carefully review your evidence and provide you with a visa eligibility assessment. No need to commit to filing your visa just yet – we're here to help you explore the possibilities.
Not sure if you qualify for an E1 visa?
Here at Manifest Law, our experienced E1 visa lawyers can help you determine if you meet the requirements to qualify for an E1 visa.
The Form I-129
When can I start working under an E1 visa?
If you are applying from INSIDE the United States (as a change from another status, for example), you change to E-1 visa status on the approved start date.
If you are applying from abroad, you will need to make an appointment to get an E1 visa stamp at the consulate, and can then come into the U.S. with that visa to start working under E1 status.
There are two fees associated with your E1 visa application:
E1 visa lawyer fees
Government fees and other costs
E1 lawyer fees
Most Organizations
Organizations with fewer than 25 employees
I-129 Fee
$1,015
$510
Asylum Program Fee
$600
$300
TOTAL
$1,615
$810
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DOS Visa Fee (when getting visa stamp abroad): $315
Since E1 visa applications can be complex and involve a lot of paperwork, many people find it helpful to work with a lawyer.
Hiring an E1 visa lawyer can help you avoid costly mistakes and increase your E1 visa approval rate. Qualified immigration lawyers know how the E1 visa process works, can help you gather the right evidence, and make sure you meet the E1 visa requirements.
Here at Manifest Law, we only work with experienced E1 visa lawyers. If you choose to hire Manifest Law, we offer flexible payment plans stretching up to 6 months, a visa-approved or money-back guarantee (terms apply), and immigration lawyers who are well-versed in the E1 visa process.
What should I look for in an E1 Visa lawyer?
What is the difference between an E1 and E2 visa?
Can I convert from an E1 visa to green card?
Can I bring my spouse/children with me when I am on an E1 visa?
Can I extend or renew my E1 visa?
Can I bring employees with me on an E1 visa?
