E visas are available to treaty traders of countries that hold a treaty of commerce and navigation with the United States, including Australia, Canada, China, Germany, Japan, South Korea, and the United Kingdom, among others. Before entering the country, the trader must obtain the appropriate E-1 visa; if already in the U.S., the sponsoring company may petition to change status using Form I-129.
To qualify as a treaty trader, an individual or organization must carry on substantial and principal trade between their home country and the United States. Trade must be continuous and sizeable, and more than 50% of the total trade volume must flow between the U.S. and the treaty country. Qualifying trade includes goods, services, banking, insurance, transportation, tourism, and technology.
Applicants complete Form DS-160 and Form DS-156E, along with documentation establishing that the trading enterprise meets the substantial and principal trade requirements.
E-1 status is granted for up to two years at a time, with unlimited extensions available as long as the underlying trade activity continues.
This overview is for general information only and is not legal advice. Current forms, fees, and eligibility rules should always be confirmed against official USCIS and U.S. Department of State guidance, or with one of our attorneys, before filing.
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