E-1 and E-2 are nonimmigrant visas for nationals of the treaty countries.
Nationals of the treaty country who plan to carry on substantial trade between the U.S. and their country, may apply for a treaty trader visa (E-1).
E-1 is a “dual intent” visa which means that the applicant can have both nonimmigrant and immigrant intent.
Applicants who plan to develop and direct the operations of an enterprise in the U.S. in which they have invested or are actively in the process of investing a substantial amount of capital, can apply for a treaty investor visa (E-2).
The category has more benefits than the L-1 category, since it’s not necessary to maintain a business outside the United States, and E-1/E-2 status can be renewed every five years without limits.
E-1 and E-2 Treaty Countries
The list of all treaty countries:
Country | Available visas |
Albania | E-2 |
Argentina | E-1, E-2 |
Armenia | E-2 |
Australia | E-1, E-2 |
Austria | E-1, E-2 |
Azerbaijan | E-2 |
Bahrain | E-2 |
Bangladesh | E-2 |
Belgium | E-1, E-2 |
Bolivia | E-1, E-2 |
Bosnia and Herzegovina | E-1, E-2 |
Brunei | E-1 |
Bulgaria | E-2 |
Cameroon | E-2 |
Canada | E-1, E-2 |
Chile | E-1, E-2 |
China (Taiwan) | E-1, E-2 |
Colombia | E-1, E-2 |
Congo (Brazzaville) | E-2 |
Congo (Kinshasa) | E-2 |
Costa Rica | E-1, E-2 |
Croatia | E-1, E-2 |
Czech Republic | E-2 |
Denmark | E-1, E-2 |
Ecuador | E-2 |
Egypt | E-2 |
Estonia | E-1, E-2 |
Ethiopia | E-1, E-2 |
Finland | E-1, E-2 |
France | E-1, E-2 |
Georgia | E-2 |
Germany | E-1, E-2 |
Greece | E-1 |
Grenada | E-2 |
Honduras | E-1, E-2 |
Ireland | E-1, E-2 |
Israel | E-1, E-2 |
Italy | E-1, E-2 |
Jamaica | E-2 |
Japan | E-1, E-2 |
Jordan | E-1, E-2 |
Kazakhstan | E-2 |
Korea (South) | E-1, E-2 |
Kosovo | E-1, E-2 |
Kyrgyzstan | E-2 |
Latvia | E-1, E-2 |
Liberia | E-1, E-2 |
Lithuania | E-2 |
Luxembourg | E-1, E-2 |
Macedonia | E-1, E-2 |
Mexico | E-1, E-2 |
Moldova | E-2 |
Mongolia | E-2 |
Montenegro | E-1, E-2 |
Morocco | E-2 |
Netherlands | E-1, E-2 |
New Zealand | E-1, E-2 |
Norway | E-1, E-2 |
Oman | E-1, E-2 |
Pakistan | E-1, E-2 |
Panama | E-2 |
Paraguay | E-1, E-2 |
Philippines | E-1, E-2 |
Poland | E-1, E-2 |
Romania | E-2 |
Senegal | E-2 |
Serbia | E-1, E-2 |
Singapore | E-1, E-2 |
Slovak Republic | E-2 |
Slovenia | E-1, E-2 |
Spain | E-1, E-2 |
Sri Lanka | E-2 |
Suriname | E-1, E-2 |
Sweden | E-1, E-2 |
Switzerland | E-1, E-2 |
Thailand | E-1, E-2 |
Togo | E-1, E-2 |
Trinidad & Tobago | E-2 |
Tunisia | E-2 |
Turkey | E-1, E-2 |
Ukraine | E-2 |
United Kingdom | E-1, E-2 |
Yugoslavia | E-1, E-2 |
How to Determine Nationality
Before applying for E-1 or E-2 visa, you will need to determine if the enterprise and foreign national have the same nationality and whether that nationality is party to the relevant treaty.
Nationality of the individual is determined by their citizenship.
In cases of dual or multiple citizenships, a person may apply under any citizenship they hold (but citizens of the U.K. must also establish that they’ve been domiciled in the U.K. for the previous year).
The nationality of the company is determined by the nationality of the owners who hold at least 50% of the company.
If the company is owned by another company, then the parent company should meet the “50% Rule.”
If the company is owned 50/50 by nationals of two treaty countries, then you must pick one nationality that will be used in the E-visa application.
A company cannot petition employees from both countries.
If the company is publicly traded on one country’s stock exchange, then that nationality is presumed, but evidence should still be submitted in this case.
E-1 Visa Requirements
E-1 visa is available for nationals of treaty trade countries.
To be eligible for E-1 visa, the applicant must prove that:
- A trade treaty exists;
- Individual and/or business possesses the nationality of the treaty country;
- Trade is substantial;
- Trade is principally between the U.S. and the treaty country;
- Applicant (if an employee) will hold an executive/supervisory position or possesses skills essential to the company’s operations in the U.S.;
- Applicant intends to leave the U.S. when the E-1 status ends.
The company should show an exchange of goods, money, or services.
Any service or goods can qualify for E-1 visa purposes.
The following documents can be used as proof of the trade transactions:
- Purchase orders;
- Wire transfers;
- Bills of lading, etc.
The Department of State (DOS) will look at the volume and value of the transactions to determine if the trade is substantial.
DOS favors more valuable, frequent transactions. However, smaller companies can meet these requirements if they show that the volume of transactions is sufficient to support the E-1 treaty traders and their family.
E-1 visa application should include documentation of the total trade volume of the company and the proof that at least 50% of the trade volume is between the two countries.
E-1 visas are commonly used by businessmen that have an established foreign company and a substantial U.S. customer base.
E-1 visa is used to continue the ongoing business with U.S. customers or enter the U.S. market.
E-1 Visa Checklist of Required Documents
The following documents must be submitted with the E-1 visa application:
Type of documents | Examples of acceptable documents | Who provides it |
Information about U.S. operations |
| U.S. company and foreign company |
Information about operations abroad |
| Foreign company |
Information about the proposed position |
| U.S. company and foreign company |
Information about the applicant |
| Applicant |
Forms |
| Applicant |
Payment of fees |
| U.S. company or foreign company |
Photographs |
| Applicant |
Passport |
| Applicant |
E-1 Visa Application Process
There are two ways to apply for E-1 visa:
- At a U.S. consulate or embassy (“Consular Processing”), or
- If applicant is in the U.S. in another lawful status, the applicant may file a change of status to E-2 with USCIS (“Change of Status”).
Most applicants might choose the consular processing at a U.S. consulate because only the
U.S. Embassies can issue a visa.
USCIS can only change and extend the applicant’s status while in the U.S.
However, only the physical E visa stamped in an applicant’s passport allows them to travel in and out of the U.S., entering in E status each time.
If granted a change of status to E-1 by USCIS, the applicant will still need to get a visa stamp at a consulate or embassy once they travel abroad and want to re-enter the U.S.
The process of applying for an E visa with the U.S. Embassies abroad vary.
Many U.S. Embassies and Consulates provide instructions on how to apply for an E visa on their respective websites.
Spouses and Children of E-1 Visa Applicants
Spouses and unmarried children under the age of 21 years old are eligible for E-1 dependent visas.
They are not required to hold the same nationality as the primary E-1 visa applicant.
Spouses and children are allowed to study in the U.S., and spouses may apply for employment authorization by filing Form I-765 application with USCIS.