THE E-1 VISA CATEGORY ALLOWS A FOREIGNER OF A COUNTRY THAT THE UNITED STATES MAINTAINS A TREATY OF COMMERCE AND NAVIGATION TO STAY IN THE U.S. TO OPERATE AN ENTERPRISE IN INTERNATIONAL TRADE.
Some employees who also have the same treaty nationality of the U.S. company may also be eligible for an E-1 visa. To qualify for an E-1 visa, whether as an individual or a U.S. enterprise which is engage in trade, the following is required:
- The principal trader, executive, manager, essential employee, or other high specialized employees of the enterprise must be a citizen of the treaty country.
- The trading firm for which you plan to come to the U.S. must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise.
- The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.
- More than 50 percent of the international trade involved must be between the U.S. and the treaty country.
- Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
- You must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.
The legal definition for E-1 visas describing “Trade” means that there is an existing international exchange of items of trade for consideration between the U.S. and the treaty country. Examples of trade might be:
- Goods
- Services
- International banking
- Insurance
- Transportation
- Tourism
- Technology and its transfer
- Some news-gathering activities.
What is “Substantial trade” depends on the continuous flow of sizable international trade items, involving numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction.
“Principal trade” between the U.S. and the treaty country exists when over 50 percent of the total volume of international trade is between the U.S. and the trader’s treaty country.
Family Members
Family members of the E visa holder are permitted to enter the United States with the visa holder. Included in this category is the spouse of the visa holder, as well as minor unmarried children under the age of 21. Once children attain the age of 21 or get married, they are no longer entitled to remain in the United States in treaty status. Each family member needs a separate visa application filed in conjunction with that of the principal “E” applicant.
Countries Eligible for the E Visa
| Country | Classification | Effective Date |
|---|---|---|
| Albania | E-2 | January 4, 1998 |
| Argentina | E-1 | October 20, 1994 |
| Argentina | E-2 | October 20, 1994 |
| Armenia | E-2 | March 29, 1996 |
| Australia | E-1 | December 16, 1991 |
| Australia | E-2 | December 27, 1991 |
| Austria | E-1 | May 27, 1931 |
| Austria | E-2 | May 27, 1931 |
| Azerbaijan | E-2 | August 2, 2001 |
| Bahrain | E-2 | May 30, 2001 |
| Bangladesh | E-2 | July 25, 1989 |
| Belgium | E-1 | October 3, 1963 |
| Belgium | E-2 | October 3, 1963 |
| Bolivia | E-1 | November 09, 1862 |
| Bolivia | E-2 | June 6, 2001 |
| Bosnia and Herzegovina ((Yugoslavia – The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY – Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Slovenia, and the Federal Republic of Yugoslavia continue to be bound by the treaty in force with the SFRY and the time of dissolution.)) | E-1 | November 15, 1882 |
| Bosnia and Herzegovina1 | E-2 | November 15, 1882 |
| Brunei | E-1 | July 11, 1853 |
| Bulgaria | E-2 | June 2, 1994 |
| Cameroon | E-2 | April 6, 1989 |
| Canada | E-1 | January 1, 1993 |
| Canada | E-2 | January 1, 1993 |
| Chile | E-1 | January 1, 2004 |
| Chile | E-2 | January 1, 2004 |
| China (Taiwan) ((China (Taiwan) – Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.)) | E-1 | November 30, 1948 |
| China (Taiwan)2 | E-2 | November 30, 1948 |
| Colombia | E-1 | June 10, 1848 |
| Colombia | E-2 | June 10, 1848 |
| Congo (Brazzaville) | E-2 | August 13, 1994 |
| Congo (Kinshasa) | E-2 | July 28, 1989 |
| Costa Rica | E-1 | May 26, 1852 |
| Costa Rica | E-2 | May 26, 1852 |
| Croatia Yugoslavia1 | E-1 | November 15, 1882 |
| Croatia Yugoslavia1 | E-2 | November 15, 1882 |
| Czech Republic ((Czech Repubilc and Slovak Republic – The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.)) | E-2 | January 1, 1993 |
| Denmark ((Denmark – The Treaty which entered into force on July 30, 1961, does not apply to Greenland.)) | E-1 | July 30, 1961 |
| Denmark4 | E-2 | December 10, 2008 |
| Ecuador | E-2 | May 11, 1997 |
| Egypt | E-2 | June 27, 1992 |
| Estonia | E-1 | May 22, 1926 |
| Estonia | E-2 | February 16, 1997 |
| Ethiopia | E-1 | October 8, 1953 |
| Ethiopia | E-2 | October 8, 1953 |
| Finland | E-1 | August 10, 1934 |
| Finland | E-2 | December 1, 1992 |
| France ((France – The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.)) | E-1 | December 21, 1960 |
| France5 | E-2 | December 21, 1960 |
| Georgia | E-2 | August 17, 1997 |
| Germany | E-1 | July 14, 1956 |
| Germany | E-2 | July 14, 1956 |
| Greece | E-1 | October 13, 1954 |
| Grenada | E-2 | March 3, 1989 |
| Honduras | E-1 | July 19, 1928 |
| Honduras | E-2 | July 19, 1928 |
| Iran | E-1 | June 16, 1957 |
| Iran | E-2 | June 16, 1957 |
| Ireland | E-1 | September 14, 1950 |
| Ireland | E-2 | November 18, 1992 |
| Israel | E-1 | April 3, 1954 |
| Italy | E-1 | July 26, 1949 |
| Italy | E-2 | July 26, 1949 |
| Jamaica | E-2 | March 7, 1997 |
| Japan ((Japan – The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.)) | E-1 | October 30, 1953 |
| Japan6 | E-2 | October 30, 1953 |
| Jordan | E-1 | December 17, 2001 |
| Jordan | E-2 | December 17, 2001 |
| Kazakhstan | E-2 | January 12, 1994 |
| Korea (South) | E-1 | November 7, 1957 |
| Korea (South) | E-2 | November 7, 1957 |
| Kosovo1 | E-1 | November 15, 1882 |
| Kosovo1 | E-2 | November 15, 1882 |
| Kyrgyzstan | E-2 | January 12, 1994 |
| Latvia | E-1 | July 25, 1928 |
| Latvia | E-2 | December 26, 1996 |
| Liberia | E-1 | November 21, 1939 |
| Liberia | E-2 | November 21, 1939 |
| Lithuania | E-2 | November 22, 2001 |
| Luxembourg | E-1 | March 28, 1963 |
| Luxembourg | E-2 | March 28, 1963 |
| Macedonia, the Former Yugoslav Republic of (FRY) | E-1 | November 15, 1882 |
| Macedonia, the Former Yugoslav Republic of (FRY) | E-2 | November 15, 1882 |
| Mexico | E-1 | January 1, 1994 |
| Mexico | E-2 | January 1, 1994 |
| Moldova | E-2 | November 25, 1994 |
| Mongolia | E-2 | January 1, 1997 |
| Montenegro1 | E-1 | November 15, 1882 |
| Montenegro1 | E-2 | November 15, 1882 |
| Morocco | E-2 | May 29, 1991 |
| Netherlands ((Netherlands – The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.)) | E-1 | December 5, 1957 |
| Netherlands7 | E-2 | December 5, 1957 |
| Norway ((Norway – The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).)) | E-1 | January 18, 1928 |
| Norway8 | E-2 | January 18, 1928 |
| Oman | E-1 | June 11, 1960 |
| Oman | E-2 | June 11, 1960 |
| Pakistan | E-1 | February 12, 1961 |
| Pakistan | E-2 | February 12, 1961 |
| Panama | E-2 | May 30, 1991 |
| Paraguay | E-1 | March 07, 1860 |
| Paraguay | E-2 | March 07, 1860 |
| Philippines | E-1 | September 6, 1955 |
| Philippines | E-2 | September 6, 1955 |
| Poland | E-1 | August 6, 1994 |
| Poland | E-2 | August 6, 1994 |
| Romania | E-2 | January 15, 1994 |
| Serbia1 | E-1 | November 15,1882 |
| Serbia1 | E-2 | November 15,1882 |
| Senegal | E-2 | October 25, 1990 |
| Singapore | E-1 | January 1, 2004 |
| Singapore | E-2 | January 1, 2004 |
| Slovak Republic3 | E-2 | January 1, 1993 |
| Slovenia1 | E-1 | November 15, 1882 |
| Slovenia1 | E-2 | November 15, 1882 |
| Spain ((Spain – The Treaty which entered into force on April 14, 1903, is applicable to all territories.)) | E-1 | April 14, 1903 |
| Spain9 | E-2 | April 14, 1903 |
| Sri Lanka | E-2 | May 1, 1993 |
| Suriname ((Suriname – The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.)) | E-1 | February 10, 1963 |
| Suriname10 | E-2 | February 10, 1963 |
| Sweden | E-1 | February 20, 1992 |
| Sweden | E-2 | February 20, 1992 |
| Switzerland | E-1 | November 08, 1855 |
| Switzerland | E-2 | November 08, 1855 |
| Thailand | E-1 | June 8, 1968 |
| Thailand | E-2 | June 8, 1968 |
| Togo | E-1 | February 5, 1967 |
| Togo | E-2 | February 5, 1967 |
| Trinidad & Tobago | E-2 | December 26, 1996 |
| Tunisia | E-2 | February 7, 1993 |
| Turkey | E-1 | February 15, 1933 |
| Turkey | E-2 | May 18, 1990 |
| Ukraine | E-2 | November 16, 1996 |
| United Kingdom ((United Kingdom – The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to “inhabitants” of such territory. This term, as used in the Convention, means “one who resides actually and permanently in a given place, and has his domicile there.” Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.)) | E-1 | July 03, 1815 |
| United Kingdom11 | E-2 | July 03, 1815 |
| Yugoslavia Yugoslavia1 | E-1 | November 15, 1882 |
| Yugoslavia Yugoslavia1 | E-2 | November 15, 1882 |
For more information about whether you, your company, or one of your treaty nationals may qualify for the E-1 Visa, please feel free to contact our law firm‘s board certified expert with questions.
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