E-1 Visa vs E-2 in 2026: Treaty Trader or Treaty Investor?

What is the difference between the E-1 and E-2 visa?

The E-1 Treaty Trader visa rests on trade you already carry on; the E-2 Treaty Investor visa rests on capital you invest. For E-1, you or your company must carry on substantial trade, and more than 50% of your international trade must be between the United States and your treaty country. For E-2, you must invest a substantial amount of capital, irrevocably committed and at risk, in a US business that you develop and direct. Both are temporary, non-immigrant visas for treaty nationals, with up to two years at first and no limit on the number of extensions. Neither is a green card.

German readers often search for "E1 E2 Visum"; the US rules are the same for every treaty nationality. The full legal reference for each route is on our E-1 Treaty Trader visa page and our E-2 Treaty Investor visa page.

No investment is required for E-1: the test is existing, continuous trade in goods or services, as set out on the USCIS E-1 Treaty Traders page. For E-2, investors who are actively in the process of investing may also qualify, and there is no fixed legal minimum, as the USCIS E-2 Treaty Investors page describes.

How do E-1 and E-2 compare at a glance?

Every figure comes from our programme data, built from official US sources. Fees are as of 13 October 2026, from USCIS form G-1055, edition dated 7 October 2026, and 22 CFR 22.1.

What counts as substantial trade for the E-1 visa?

Substantial trade means a continuous flow of trade between the US and your treaty country, built from numerous transactions over time. Under 8 CFR 214.2(e), it is "an amount of trade sufficient to ensure a continuous flow of international trade items". A single transaction never qualifies, however valuable it is.

• No minimum value. There is no minimum monetary value or volume per transaction. More numerous exchanges of larger value carry more weight.
• Smaller businesses can qualify. For a smaller business, income from numerous transactions that is sufficient to support the trader and family is a favourable factor.
• Trade must already exist. You cannot use E-1 to search for a trading relationship. Binding contracts that call for the immediate exchange of trade items count as existing trade.
• Services count. Trade includes goods and services such as banking, insurance, transportation, accounting, design and engineering, management consulting, tourism and technology transfer. The exchange must be traceable, and title must pass from one treaty party to the other.

What is the more-than-50% rule?

More than 50% of the volume of your international trade must be between the US and the treaty country of your nationality. The rest may be trade with other countries or domestic trade. The trade is measured for the legal person that is the trader; if the US operation is a branch, the trade of the whole entity counts. This is the test that most often settles whether E-1 is realistic: an exporter that sells widely across Europe and Asia may have substantial US trade and still fall short of the principal-trade rule.

What does the E-2 investment test require?

E-2 asks for a substantial investment, not a fixed sum. The consular guidance in 9 FAM 402.9 states that no set dollar figure constitutes a minimum. Instead, a proportionality test applies: the lower the total cost of the enterprise, the higher the share of that cost the investment must represent. The funds must be at risk, and the business must be real, operating and not marginal: able to generate more than a minimal living for the investor and family, or to make a significant economic contribution.

Our guide to the E-2 visa minimum investment explains how the proportionality test works in practice. Investors who prefer an established operating model can also look at our E-2 franchise route.

Which visa fits a trading company?

A company that already trades mainly with the US usually looks at E-1 first; one that wants to build a US business usually looks at E-2. Three questions settle most cases.

1. Where does your international trade go? If more than half of it, by volume, already flows between the US and your treaty country, E-1 may fit without any capital at risk. If the US share is smaller, E-1 is unlikely to work, however large the US sales are.
2. Do you plan to invest in a US operation? If you will fund a US subsidiary, warehouse, workshop or service centre that you develop and direct, E-2 measures that investment instead of your trade pattern.
3. Who will own the company? For both visas, the company must be at least 50% owned by nationals of the same treaty country. A German-owned company sends German nationals, whatever its country of incorporation.

Under either visa, employees of the same nationality as the employer may follow in an executive or supervisory role, or with special qualifications essential to the enterprise.

Take two examples. A Swiss precision-parts maker whose exports go mostly to US customers may send its owner and an executive under E-1, because its trade already meets the tests. An Austrian design studio that sells across Europe and wants to open a US studio has no dominant US trade, so the owner's investment in the new studio is the stronger basis, which points to E-2. In both cases, an independent licensed US immigration attorney assesses the facts; the consular officer or USCIS then weighs the evidence, and approval is discretionary.

If you are unsure which side of the line your company is on, you can book a free consultation with our team.

Can I have both an E-1 and an E-2 visa?

The rules do not answer this directly. E-1 and E-2 are separate classifications with separate symbols, E1 and E2, in 9 FAM 402.9-3, and each is approved on its own basis: trade for E-1, investment for E-2. Neither our programme data nor the consular guidance sets out a rule on holding both at the same time, so whether one person or company can rely on both, or move from one to the other, is confirmed case by case with the attorney.

What the guidance does settle is nationality. Under 9 FAM 402.9-4(B), a business seeking E status may have only one qualifying nationality, except where it is owned and controlled equally, 50/50, by nationals of two treaty countries. A dual national owner must choose which nationality to use, and the owner and all E employees of that company must hold themselves as nationals of that country for all E purposes involving the company.

Which countries have E-1, E-2 or both?

The lists below are built from our treaty country file, which reproduces the treaty table in 9 FAM 402.9-10 (transmittal CT:VISA-2190 of 17 February 2026). Germany, Austria and Switzerland have both visas: Germany since 14 July 1956, Austria since 27 May 1931 and Switzerland since 8 November 1855, for E-1 and E-2 alike. What counts is your nationality, not your residence.

E-1 only

Brunei and Greece. Greek nationals can use E-1, in force since 13 October 1954, but cannot obtain an E-2 on Greek nationality.

E-2 only

Albania, Armenia, Azerbaijan, Bahrain, Bangladesh, Bulgaria, Cameroon, Congo (Brazzaville), Congo (Kinshasa), Czech Republic, Ecuador, Egypt, Georgia, Grenada, Jamaica, Kazakhstan, Kyrgyzstan, Lithuania, Moldova, Mongolia, Morocco, Panama, Romania, Senegal, Slovakia, Sri Lanka, Trinidad & Tobago, Tunisia and Ukraine. Ecuador is closed to new E-2 investments. Grenada and Bahrain are examples of E-2 countries with no E-1.

Both E-1 and E-2

Argentina, Australia, Austria, Belgium, Bolivia, Bosnia & Herzegovina, Canada, Chile, Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Honduras, Ireland, Israel, Italy, Japan, Jordan, Korea (South), Kosovo, Latvia, Liberia, Luxembourg, Mexico, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Portugal, Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Turkey and United Kingdom. For Bolivia, E-1 remains available but E-2 is closed to new investments. For the United Kingdom, only UK nationals qualify. Countries such as mainland China, India, Russia, Brazil, the United Arab Emirates and Liechtenstein have neither. The full E-2 list, with dates and notes, is in our guide to E-2 visa treaty countries.

What are the government fees for E-1 and E-2?

The government fees are the same for both visas; which ones apply depends on where you apply. Figures are as of 13 October 2026.

• Consular route. Most applicants apply at a US embassy or consulate with Form DS-160 and the E-visa supplement. The E visa application fee is USD 315. A reciprocity fee may apply depending on your nationality; it is set per country and we confirm it for your case.
• Change of status inside the US. Form I-129 costs USD 1,015 on paper or USD 965 online, or USD 510 for a small employer or nonprofit. A small employer has 25 or fewer full-time equivalent employees in the US, including affiliates and subsidiaries.
• Asylum Program Fee. G-1055 lists USD 600, or USD 300 for a small employer and USD 0 for a nonprofit, as an additional I-129 fee. Whether it applies when your own company files is confirmed by counsel.
• Premium processing. Optional for the I-129 route, at USD 2,965. USCIS acts on the petition within 15 business days.

Attorney and advisory fees are separate. Standard processing times vary by consulate and form and are not quoted here.

How long do E-1 and E-2 last, and how do renewals work?

Both visas allow a maximum initial stay of two years, with extensions in increments of up to two years each and no limit on the number of extensions. Renewals depend on the basis continuing: for E-1, the trade must remain substantial and principally with the US; for E-2, the business must remain real, operating and not marginal. If the basis weakens, an extension can be refused.

Neither visa is dual intent. Under 8 CFR 214.2(e)(5), you must intend to depart when E status ends, although an E application may not be denied solely because an immigrant petition or labour certification has been filed or approved.

Do E-1 or E-2 lead to a green card?

No, not by themselves. Permanent residence needs a separate immigrant category, such as an employment-based petition or the EB-5 investor green card, which requires USD 800,000 in a Targeted Employment Area, or USD 1,050,000 elsewhere, and at least 10 full-time US jobs. Our guide to E-2 to green card options covers the bridges. Owners with an operating company abroad can also compare the L-1A visa, which is dual intent; see our E-2 versus L-1A comparison.

What do the visas mean for your family?

Family rights are the same under E-1 and E-2. Your spouse and unmarried children under 21 may accompany or follow you, generally for the same period of stay, whatever their own nationality.

• Spouse. A spouse in valid E-1S or E-2S status is employment authorised incident to status and may work for any employer. Since 30 January 2022, a Form I-94 annotated E-1S or E-2S is accepted as evidence; the spouse may still request a work permit.
• Children. Unmarried children under 21 may live and study in the US. USCIS grants incident-to-status work authorisation to spouses only, so children should not plan on working. A child who turns 21 generally loses derivative status and needs another status.

Either visa can also make you a US tax resident. Under the IRS substantial presence test, you are generally a US resident for tax purposes if you are present for at least 31 days in the current year and 183 days over three years, counted on a weighted basis. See our guide to US taxes after moving from Germany, Switzerland or Austria.

How do you decide between E-1 and E-2?

Start with your trade figures. If more than half of your international trade already flows between the US and your treaty country, and it is continuous and substantial, E-1 may give you a renewable US base without capital at risk. If not, or if you are building something new in the US, E-2 measures your investment instead. Your nationality sets the outer limits: Greek nationals have E-1 only, Grenadian and Bahraini nationals E-2 only, and Germans, Austrians and Swiss both. DACH readers will find more in our guide to the E-2 visa for Germans, Austrians and Swiss, and every other route on our USA immigration hub.

Mirabello Consultancy advises and coordinates; an independent licensed US immigration attorney prepares and files every application and petition. The consulate and USCIS assess each case on its own facts, so no adviser can promise an outcome. To compare both routes for your company, contact our team.