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E-1 Treaty Trader and E-2 Treaty Investor Visas
The E-1 Treaty Trader and the E-2 Treaty Investor Visas are intended for nationals of other countries that the United States has a treaty of commerce and navigation with. The national must come to the United States with the intent of carrying out a substantial trade, or the national must develop and direct a business project in which the national has invested.
Click Here to be directed to the USCIS site containing a list of Treaty Countries
E-1 Treaty Trader Requirements:
- the foreign national must maintain a permanent residence in a treaty country
- the trading firm or corporation must be in the treaty country
- The applicant must show that there is to be a substantial trade
- The applicant must show that at least 50% of the trade is between the United States and the treaty country
- The applicant must either be a supervisor or executive of the trading firm or corporation or must possess specialized skills essential to the trading firm
E-1 Treaty Trader Application Process:
- E-1 visa applicants should apply at their local U.S. Embassy or Consulate
- Those ages 14-79 usually require an interview
- Apply early because waiting times vary greatly
- A digital finger print scan will be taken
- The visa application might require additional administrative processing time, therefore you should apply well in advance of your intended date of departure
Required forms:
- File the Form DS-160 on the USCIS website
- Complete Form DS-156E, Nonimmigrant Treaty Trader/Treaty Investor Application
- Passport that must be valid for an additional 6 months after your intended departure date from the United States back to your country of origin
- A 2x2 color photograph
Please Note: the U.S. Embassy or Consulate may require additional information in order to determine whether you are eligible for the E-1 Treaty Trader visa. Because of this, you should plan in advance and always expect delays.
E-1 Non Immigrant Visa Application processing fee: $390.00
E-1 Visa Issuance Fee: varies by individual and country of permanent residence
E-1 Visa Frequently Asked Questions (E-1 Visa FAQ):
Can I bring my wife and children with me while under E-1 Status?
You can bring your spouse and dependent children under 21. The spouse of an E-1 visa holder may obtain employment authorization through the Department of Homeland Security. The dependent children, however, may NOT obtain employment authorization while in the United States.
How long can I stay in the United States under an E-1 Visa?
You may stay in the United States indefinitely under 5 year E-1 visa extensions as long as you meet the E-1 visa qualifications at the time of renewal. You may also make E-1 status extensions for 2 year periods.
How do I apply for an E-1 Visa Extension?
In order to apply for an E-1 Visa extension you must:
- Complete form I-129, Petition for Nonimmigrant worker
- You must also complete and submit the E supplement along with Form I-539, Application to Extend or Change Status
- Include a letter from your employer stating the reason for the extension
- Include a copy of Form I-94 (Arrival-Departure Record) document
- Provide a copy of Form I-797 (Notice of Action)
- Provide a complete copy of your passport
- Provide a copy of your personal and business tax returns for the previous two years while in the United States. You must include payroll taxes
Can I change my status while on E-1 status?
Yes, you can change your status while in the United States by filing Form I-129 (Petition for Nonimmigrant Worker).
Can I study at a college or university while on an E-1 visa?
You can study while on an E-1 visa, however, you may not enroll in a full length program at a college or university. You may take a few classes, however, enrolling in a full length program is not allowed, since it conflicts with the purpose of the E-1 visa.
What are the travel restrictions for an E-1 visa?
There are no travel restrictions while on an E-1 visa. You are free to travel as often as you wish while your E-1 visa is valid. There are no restrictions on the amount of time you may spend abroad while on an E-1 visa.
Can I bring my personal or domestic servant with me while on an E-1 visa?
Yes, you may bring your personal or domestic servant with you to the United States while under E-1 status; as long as you can show that he or she has been your personal or domestic servant for the past year. Your personal or domestic servant must also show that they are not abandoning their permanent residence in their country of permanent residence.
Can my husband or wife and children work while I am on an E-1 visa?
Your husband or wife may work while you are under an E-1 visa, however, your children may not work while in the United States. In order for your husband or wife to obtain employment, they must file Form I-765 (Application for Employment Authorization).
Can my children study while I am on E-1 status?
Yes, your children may study at schools, colleges, or universities while you are under E-1 Status. You do not need to apply for student visas (F-1 visa).

