USA E-1 Treaty Trader Visa

The E-1 is a trade visa, not an investment or residence programme. Figures on this page were checked against official US sources on 12 and 13 October 2026.

What is the E-1 treaty trader visa?

The E-1 treaty trader visa is a non-immigrant US visa for nationals of countries with a qualifying treaty of commerce and navigation with the United States. It lets a treaty national, or an employee of a company owned by treaty nationals, enter the US "solely to carry on trade of a substantial nature" that is principally between the US and the treaty country. The legal basis is INA section 101(a)(15)(E)(i), 8 CFR 214.2(e) and the State Department's 9 FAM 402.9.

Is the E-1 visa a green card?

No. What the E-1 is, and is not:

• It is a temporary, renewable visa tied to continuing trade, with work rights for your spouse and schooling for your children.
• It is not permanent residence or a green card, and it is not a route to a US passport. The United States has no citizenship by investment.
• It is not an investment visa. No capital has to be invested or put at risk.
• It is not a visa to look for business. Trade must already be in progress.

What counts as "substantial trade" for an E-1 visa?

Trade is "the existing international exchange of items of trade for consideration" between the US and the treaty country, under 8 CFR 214.2(e)(9). It covers goods, and also services such as management consulting, accounting, advertising, design and engineering and data processing, as well as international banking, insurance, transportation, communications, tourism and technology transfer. Each exchange must be traceable, and title must pass from one treaty party to the other.

Substantial trade is "an amount of trade sufficient to ensure a continuous flow of international trade items", under 8 CFR 214.2(e)(10). That means numerous exchanges over time, never a single transaction, however valuable. There is no minimum monetary value or volume per transaction, but more numerous exchanges of larger value carry greater weight, and for a smaller business, trade income that supports you and your family counts in your favour. Binding contracts calling for the immediate exchange of trade items already count as existing trade.

Does more than 50% of the trade have to be with the US?

Yes. Over 50% of the volume of the trader's international trade must be between the United States and the treaty country, under 8 CFR 214.2(e)(11). The test applies to the legal person that is the trader: for a branch, the trade of the whole company counts. A company selling to thirty markets, with the US as its largest but not its majority market, does not qualify, however large its US sales are.

What are the E-1 visa requirements?

Beyond the trade tests above, the USCIS E-1 page and 9 FAM 402.9 require:

• Treaty nationality for you and, if the trader is a company, ownership of at least 50% by treaty nationals. Where the company is incorporated does not matter.
• Purpose: you come principally to carry on that trade.
• Intent to depart when E-1 status ends.

Employees can also hold E-1 status if they have the same nationality as the treaty trader employer and come in an executive or supervisory role, or with special qualifications essential to the efficient operation of the business, under 8 CFR 214.2(e)(3). To test your trade figures against these rules, book a free consultation.

Which countries are E-1 treaty countries?

Nationals of 54 countries can use the E-1, according to the treaty table in 9 FAM 402.9-10 of 17 February 2026. Nationality is the gate, not residence: a German citizen living in Dubai qualifies, an Emirati citizen living in Germany does not.

• Europe: Germany, Austria, Switzerland, Italy, France, Spain, Portugal, the Netherlands, Belgium, Luxembourg, Ireland, the United Kingdom (UK nationals only), Norway, Sweden, Denmark, Finland, Estonia, Latvia, Poland, Croatia, Slovenia, Greece, Turkey, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro and Serbia.
• Elsewhere: Canada, Mexico, Argentina, Bolivia, Chile, Colombia, Costa Rica, Honduras, Paraguay, Suriname, Japan, South Korea, Taiwan, Singapore, the Philippines, Thailand, Pakistan, Brunei, Israel, Jordan, Oman, Ethiopia, Liberia, Togo, Australia and New Zealand.
• E-2 but not E-1: among others the Czech Republic, Slovakia, Romania, Bulgaria, Lithuania, Grenada and Bahrain.
• Neither: Hungary, Malta, Cyprus, Liechtenstein, Iceland, India, mainland China, Russia, Brazil, the United Arab Emirates, Saudi Arabia, Qatar and Kuwait.

How much does an E-1 visa cost in 2026?

Most E-1 applicants apply at a US embassy or consulate, where the government cost is the US$315 visa application fee plus any reciprocity fee for their nationality. USCIS fees apply only if you change status or extend inside the US.

Sources: 22 CFR 22.1 and the USCIS fee schedule. Counsel confirms whether the Asylum Program Fee applies where your own company is the petitioner. These are government fees only: the independent US attorney's fee and Mirabello Consultancy's advisory fee are separate and agreed in writing.

How do you apply for an E-1 visa, and how long does it take?

1. Fit: we check nationality, ownership and trade figures against the tests and the alternatives.
2. Legal assessment by an independent licensed US immigration attorney.
3. Evidence: counsel assembles the trade record, such as invoices, contracts and payment records, and the ownership documents.
4. Filing: the DS-160 with the E-visa supplement and a consular interview, or Form I-129 if you are already in the US in lawful non-immigrant status.
5. Admission in E-1 status for up to two years.

There is no single official processing time: consular timelines vary by post. The only fixed clock is premium processing on the I-129, where USCIS acts on the petition within 15 business days.

How long is the E-1 visa valid, and can it be renewed?

Each admission lasts up to two years, and extensions of up to two years each have "no limit" in number (USCIS) while the trade keeps qualifying. The visa in your passport is different: its validity and any issuance fee are set per nationality by the State Department reciprocity schedule. If your trade falls below the test, a renewal can be refused. A rule proposed on 11 September 2026 would remove the grace period of up to 60 days after E-1 activity ends; it is a proposal only.

Can my spouse work on an E-1 visa, and what about children?

Yes, your spouse can work. Spouses in E-1 or E-1S status are employment authorised incident to status, and since 30 January 2022 an I-94 annotated "E-1S" is accepted as evidence, so a separate work permit card is optional. Unmarried children under 21 can live and study in the US; USCIS grants work authorisation incident to status to spouses only, so children should not plan on working. At 21 they need their own status. You, the principal, may work only in the qualifying trade activity.

Can the E-1 lead to a green card or US citizenship?

Not by itself. The E-1 is not dual intent, although under 8 CFR 214.2(e)(5) an E application "may not be denied solely on the basis of" a filed or approved immigrant petition. A green card needs a separate route:

• EB-1A or the EB-2 National Interest Waiver: self-petitioned green cards for extraordinary ability or advanced professionals, with no investment.
• L-1A then EB-1C: for executives and managers of a company operating abroad and in the US.
• EB-5: the investment green card, from US$800,000 in a targeted employment area or US$1,050,000 elsewhere, creating at least 10 full-time jobs.

US citizenship follows only after at least five years with a green card.

E-1 or E-2: which treaty visa fits your business?

The E-1 fits a company that already trades mainly with the United States; the E-2 treaty investor visa fits someone putting substantial capital at risk in a US business, including a franchise. Both offer two-year stays, unlimited extensions and spouse work rights.

Choose the E-1 if US trade is already most of your international trade; choose the E-2 if you are building a US business. Greek nationals can use the E-1 but not the E-2, while Czech, Slovak, Romanian, Bulgarian and Lithuanian nationals are E-2 only. Without a treaty nationality, the O-1 visa and the routes above remain open; see them side by side in our USA immigration guide.

What changes for Europeans: the E-1 Visum for Germans, Austrians and Swiss

For DACH companies searching for the "E-1 Visum", Germany (treaty since 14 July 1956), Austria (since 27 May 1931) and Switzerland (since 8 November 1855) all qualify, as do Italy (1949), France (1960), the Netherlands (1957), Spain (1903), Turkey (1933) and Portugal (since 15 March 2024). Greece has had an E-1 treaty since 13 October 1954, and for Greek nationals the E-1 is the only treaty visa available. For many European exporters, EU sales make the 50% test the real hurdle. What we settle early:

• Your consular post and visa validity, which follow your nationality and country of residence.
• US tax. US tax residents are taxed on worldwide income, and an E-1 holder becomes one under the IRS Substantial Presence Test: at least 31 days in the current year and 183 weighted days over three years (IRS: taxation of US residents).
• Your home country. A move can have tax, social security and pension consequences at home, including for your company shareholding. Plan them with a qualified tax adviser. This is general information, not tax advice.

Ask Mira, by Mirabello

For a first answer at any hour, ask Mira, by Mirabello, the AI advisor of Mirabello Immigration Intelligence. Mira reads the same verified data as this page and can check your nationality against the treaty lists.

How Mirabello Consultancy helps

Mirabello Consultancy advises on fit, structure and documents from a European perspective: whether the E-1 or the E-2 suits your company, how your trade record meets the tests, and how the move fits your family. We coordinate the case; the legal assessment and petition are prepared and filed by an independent, licensed US immigration attorney.

We are not a law firm and do not provide legal, tax, investment or financial advice. This page is general and educational information, not advice on your circumstances. Mirabello Consultancy Ltd operates from Switzerland, with offices in Dubai and Hong Kong SAR, has no establishment in the United States and does not practise US law. Visa outcomes are decided solely by the US authorities, and no result can be promised. To start, book a free, confidential consultation.