The E-1 visa is designed for business owners and key employees from countries that have a trade treaty with the United States.
This visa allows foreign nationals to come to the U.S. to manage or expand trade between their home country and the U.S. If you’re involved in international business and want to build trade relationships in America, the E-1 visa may be the right path.
Our immigration lawyers help businesses and professionals apply for E-1 visas by preparing strong petitions, organizing the right documents, and guiding clients through interviews and approvals. We’re here to make the process easier and more successful.
To qualify for an E-1 visa, you must be a citizen of a country that has a trade treaty with the U.S. The company you own or work for must also be from that treaty country and must conduct substantial trade with the United States. At least 50% of the company’s ownership must be held by people from the treaty country.
In addition to nationality and ownership requirements, your role must be executive, supervisory, or essential to the business. This means you must be involved in leading the company, overseeing operations, or offering specialized skills that are vital to the trade activity.
The E-1 visa offers flexibility that many other work visas don’t. There is no minimum education requirement or set salary requirement. You can travel in and out of the U.S. freely as long as your visa remains valid. The E-1 can also be renewed indefinitely, making it ideal for long-term business operations.
Your spouse and unmarried children under 21 can come to the U.S. with you on E-1 dependent visas. Your spouse may apply for a work permit, giving your family more financial freedom while living in the U.S.
E-1 visa holders may bring their immediate family members to the United States. This includes a spouse and any unmarried children under the age of 21.
One of the key benefits of E-1 dependent status is that spouses are eligible to apply for work authorization. Once approved, the spouse can work for any employer in the U.S. without restrictions. Children on E-1 dependent visas may attend school but are not eligible to work.
As long as the E-1 visa remains valid and the trade activity continues, dependents can also renew their status. If the E-1 visa holder leaves the U.S. or changes visa categories, dependent status ends as well.
To be eligible for the E-1 visa, the trade must be substantial, regular, and mostly between the U.S. and the treaty country. There is no exact dollar amount that defines “substantial,” but the trade should be enough to support the business and show ongoing activity.
Qualifying trade can include and services like:
The process for getting an E-1 visa depends on whether you’re applying from inside or outside the U.S. If you’re outside the country, you’ll complete Form DS-160 and attend a visa interview at a U.S. consulate. If you’re already in the U.S., you may file Form I-129 to change your status.
To qualify, you’ll need to provide:
Working with an immigration attorney can help ensure everything is presented correctly and on time. This improves your chances of approval and avoids delays from missing or weak documentation.
E-1 visas are usually issued for up to five years, but each time you enter the U.S., you’re given a stay of up to two years. You can apply to extend your stay from within the U.S. or leave and re-enter with a valid visa to receive another two-year period.
There’s no maximum number of extensions, so you may continue renewing your E-1 visa as long as your business continues to meet the trade requirements and the treaty remains active.
Applying for an E-1 visa can be complex. You must prove your trade is substantial and continuous, show that your company meets treaty ownership rules, and clearly document your job role. An experienced immigration attorney can:
Our team helps business professionals and entrepreneurs navigate the E-1 process and expand their global trade opportunities.
Only citizens of treaty countries can apply. You can find a full list of treaty countries on the U.S. State Department’s website.
There’s no fixed dollar amount, but the trade must be regular and large enough to support the business. It must also mostly be between the U.S. and your treaty country.
The E-1 is a nonimmigrant visa and doesn’t have a direct path to a green card, but you may be eligible under another category depending on your situation.
You can stay up to two years per entry and renew your stay as long as your business meets the visa requirements.
Yes. E-1 spouses can apply for employment authorization and legally work in the U.S.
Yes, if your new business qualifies under E-1 rules and is owned by treaty nationals engaged in trade with the U.S.
If you’re considering an E-1 visa or want to expand your international trade operations to the United States, we can help. Our experienced immigration attorneys will guide you through every step of the process and build a strong case for approval.
Contact us today to schedule a consultation.