E-1 Treaty Trade Visas

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.

Country Specific Footnotes

E-1 Treaty Trade Visas

Family Members

Countries Eligible for the E Visa

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