One of the eligibility requirements under the US E-1 visa is that visa applicants need to be nationals of a country that has a qualifying treaty of commerce and navigation with the US, or an equivalent legislative basis.

In practice, that means the E-1 route is only open to nationals of specific treaty countries listed by the US Department of State.

Section A: E1 Visa Countries List

If you are planning an E-1 application, the starting point is to confirm that you are a national of one of the designated E1 visa countries. The table below reflects the countries currently shown as holding E-1 treaty trader status on the US treaty list and the date from which E-1 classification took effect for each.

The United States still records some treaty rights under historic treaty names such as “Yugoslavia” and “Macedonia,” but in practice E-1 eligibility is applied to the modern successor states listed above, including Bosnia and Herzegovina, Croatia, Kosovo, Montenegro, North Macedonia, Serbia and Slovenia. Bolivia remains E-1 eligible even though its E-2 investor eligibility is now heavily restricted under separate rules.

The Department of State can update the treaty list over time, for example where new legislation takes effect or treaty relationships change, so it is sensible to check the latest published treaty country table or seek advice before relying on eligibility for a planned E-1 petition.

Section B: E-1 Visa Nationality Rules

The E-1 route is built around treaty nationality. It is not enough that a business trades with the US or that a role is commercially important. The trader, whether an individual or a company, has to be tied back to an E-1 treaty country in a way that satisfies the treaty rules. The same principle then filters through to senior or specialist employees of the E-1 enterprise, while family members are treated differently and do not have to hold the treaty nationality themselves.

For individuals, nationality is usually straightforward and is shown through the passport used for the E-1 application.

For companies, the rules are more technical, because the US looks at who ultimately owns the business rather than where it is incorporated or where it operates. Any business that is serious about using the E-1 category needs to keep a clear record of its ownership chain and to think about how new investment or restructuring will affect treaty eligibility over time.

1. E-1 Trader Nationality

E-1 eligibility turns not only on the list of treaty countries but also on how nationality is defined for both individuals and businesses. An individual trader needs to hold the nationality of an E-1 treaty country and rely on that nationality in the visa application. Dual nationals can in some cases rely on the treaty passport even if they also hold a second, non-treaty nationality, but all of the E-1 filings and supporting evidence should then be framed around the treaty country rather than the non-treaty one.

Where the E-1 trader is a company rather than an individual, the focus is on ownership rather than place of incorporation. At least half of the ultimate ownership of the enterprise needs to be in the hands of nationals of the same E-1 treaty country that is being relied on for the classification. That ownership test applies through any holding structures, so it is necessary to trace the shares through parent and group companies to show that treaty nationals collectively hold 50 percent or more. Changes in ownership at group level can affect E-1 eligibility, so businesses that rely on E-1 traders and employees need to monitor share movements, new investment and corporate reorganizations with the treaty rules in mind.

2. Employee Nationality

The E-1 category is not limited to business owners or senior traders. It can also cover key employees of a qualifying E-1 trading enterprise, provided both the business and the individual meet the treaty trader rules. In practice, that means the company has to qualify as an E-1 trader in its own right and the employee has to show the correct nationality, employment status and role profile.

E-1 employees need to share the same treaty nationality as the principal E-1 trader and they have to qualify as employees of the E-1 business rather than independent contractors or consultants. Their proposed US role should be executive or supervisory, or they should have highly specialized skills and experience that are demonstrably essential to the enterprise’s US trade. They are expected to work only in the E-1 business and only in activities that fall within the scope of the approved trading operations, although incidental duties in related group entities may be acceptable if they remain consistent with the E-1 trade.

3. E-1 Visa Family Members Nationality

E-1 treaty traders and qualifying E-1 employees can be accompanied by their spouse and unmarried children under 21. Each family member needs their own E-1 dependent application, either at the consulate or through a change of status in the US, but their eligibility is linked to the principal E-1 holder’s status rather than to the treaty nationality rules. In contrast to E-1 employees, dependents do not have to share the principal’s nationality and can hold a different passport, provided the relationship and age criteria are met and evidenced.

If the application is approved, E-1 dependents are generally admitted for the same period as the principal trader or employee and can extend their stay in line with any E-1 extensions, as long as the E-1 role and qualifying trade remain in place. E-1 spouses are treated as work-authorized incident to status under current USCIS policy, which means they can usually work for any US employer once they hold an I-94 showing the correct E spouse annotation, although some still choose to apply for a separate EAD for convenience with certain employers’ onboarding systems. Children cannot work, but they are free to attend school or college in the US while they hold valid E-1 dependent status.

Section C: If You Are from an E-1 Visa Country

Being a national of an E-1 treaty country is an important starting point, but it does not on its own secure an E-1 visa. The US expects applicants to show that they already have a qualifying pattern of trade with the US and a role that genuinely supports that trade. If your passport appears on the E-1 treaty list, the next step is to look at how your business is structured, where ownership sits and what the current trade with US counterparties looks like on paper.

For many applicants, the practical work involves pulling together trade evidence, clarifying who owns the business, planning the proposed US role and deciding whether to apply through a consulate or from inside the US. Getting those foundations right early in the process reduces the risk of later problems and helps ensure that time and budget are spent on an application that matches how the E-1 rules are applied in practice.

1. Next Steps in an E-1 Visa Application

Once you have confirmed that you are from a treaty country, the first step is to check whether your business qualifies as an E-1 trader. That means reviewing who ultimately owns the company and whether at least half of the shares are held by nationals of the same E-1 treaty country that you intend to rely on. At the same time, you should map out the current trade with US counterparties and identify whether the US market already accounts for more than half of your international trade.

You then need to define the proposed role in the US and decide whether the application will be filed through a US consulate or by way of a change of status inside the US, if that option is available. Consular filings usually involve preparing a full petition package for the embassy or consulate and attending an interview, while a change of status filing goes to USCIS and does not itself produce a visa stamp for travel. In both cases, you are expected to set out a clear picture of the business, the trade, the ownership and the role, supported by contracts, invoices, shipping records and other documentation that demonstrates an established pattern of trade.

2. Documents to Prove E-1 Nationality

Your application needs to show clearly that both the individual applicant and, where relevant, the business qualify on nationality grounds. For an individual trader or employee, this is normally done through a valid passport from an E-1 treaty country, supported where needed by evidence of any name changes or dual nationality. Where there are multiple nationalities, the application documents should consistently rely on the treaty passport to avoid confusion about which country is being used for eligibility.

For a company, nationality is proved by tracing ownership back to individual shareholders who are nationals of the E-1 treaty country. That usually involves providing incorporation documents, share registers, shareholder certificates, organizational charts and, where there are holding companies, documentation that shows who owns the parent entities. The goal is to produce a clear, well-supported ownership chain that confirms treaty nationals collectively hold at least 50 percent of the business that will act as the E-1 trader.

3. Further E-1 Requirements

Nationality and ownership are only part of the E1 visa requirements. The E-1 visa is designed for people and businesses that are already trading with the US, not those who are only exploring the market. For E-1 purposes, trade means the existing, documented exchange of goods, services or other qualifying items between the US and the relevant treaty country. That can include physical products, professional or technical services, banking and insurance services, tourism-related services, technology and software, licensing arrangements and other forms of cross-border commercial exchange, provided the flows are real, ongoing and properly evidenced.

To qualify as principal trade, more than half of the business’s total international trade needs to be between the US and the treaty country linked to the E-1 nationality. The focus is on the pattern of activity, so the business should be able to show that its US-facing trade is not incidental but forms the main part of its cross-border operations. Where there are multiple markets, the documentation should still make it clear that the US relationship dominates the business’s international trade profile.

Substantial trade refers to a continuous flow of sizable trade items over time rather than a few isolated or speculative transactions. There is no fixed minimum number or dollar value that automatically qualifies. Instead, decision-makers look at the volume and frequency of shipments or service contracts, the length of the trading relationship, the number of counterparties and whether the trade is sufficient to support the type of E-1 role being proposed in the US. A handful of one-off, high-value invoices will rarely carry the same weight as a steady, well-documented trading history with regular US customers or suppliers.

4. Living with the E-1 Visa

Once the E-1 visa is granted, the focus shifts from eligibility to managing day-to-day status. That includes how long you can stay on each admission, how extensions work, how travel affects your position and how E-1 fits with any longer-term plans you may have for the US.

E-1 treaty traders and E-1 employees are usually admitted to the US for an initial period of up to two years, regardless of the longer validity that may appear on the visa stamp in the passport. As long as the underlying E-1 classification remains valid and the trader continues to meet the treaty, ownership and trade requirements, it is possible to request extensions of stay in two-year increments, with no fixed upper limit on the number of times an extension can be granted. In each case, the trader or employee is expected to show that they intend to depart the US when their E-1 activities come to an end, even if they have been present for many years on repeated grants of E-1 status.

In practice, many E-1 holders structure their travel so that they maintain status through re-entry rather than repeated USCIS extension applications. A fresh admission after a trip abroad will normally result in a new two-year period of E-1 status, provided the visa stamp is still valid and the individual is returning to resume qualifying trade-related duties. There is no guarantee of readmission in any case, since CBP retains discretion at the border, but for a compliant E-1 enterprise that continues to carry on substantial trade, regular travel and re-entry can be a straightforward way to maintain lawful status without frequent filings inside the US.

The E-1 category remains a nonimmigrant route, so it does not itself create a direct path to permanent residence. However, E-1 traders and employees can in some circumstances move to a different category, or pursue an immigrant petition, if a suitable option becomes available. Care is needed where a green card strategy is on the table, because E-1 applicants and entrants are still assessed on the basis that they intend to depart when their E-1 role finishes.

Any long-term plans for permanent residence should therefore be aligned with the E-1 travel pattern and with the way intent is presented in visa applications and at the border.

Section D: If you are not an E1 National

Not every nationality is eligible for E-1 classification, and a lack of treaty status closes off the treaty trader route entirely. Where the nationality requirement is not met, the US authorities will not accept an E-1 petition, regardless of the strength of the underlying business case or the volume of US trade. This is often the point at which individuals and companies look at the wider range of temporary and permanent visa options to determine whether an alternative route offers a workable path into the US market.

The most common alternative is the E-2 investor visa, which relies on a different set of treaties and covers a wider group of nationalities. Eligibility depends on the applicant being able to qualify as an investor in a US enterprise and having the ability to direct and develop the business. Where E-2 is not an option, other routes may be viable depending on the nature of the role and the structure of the overseas business. That can include the L-1 intracompany transfer category for executives, managers and specialized knowledge employees who have been employed abroad for a qualifying period, or employment-based categories such as H-1B or O-1 where the role and the individual’s credentials support the relevant classification.

Any decision on alternatives needs to be grounded in the applicant’s exact circumstances, the structure of the overseas business and the planned US activities. For organisations that expected to rely on E-1 traders or employees, the absence of treaty eligibility can mean revisiting the overall US entry strategy and the timing of any move, especially where the business case rests on cross-border trade rather than on investment or internal group transfers.

Section E: Summary

The E-1 treaty trader route sits on a narrow foundation. Eligibility depends first on nationality, then on trade that is already happening at scale between the US and a qualifying treaty country, and finally on a role in the US that genuinely supports that trade. If any of those elements is missing or weak, an E-1 petition will struggle, no matter how strong the broader business story may feel to the applicant.

For business owners, the key questions are whether the company meets the treaty nationality and ownership rules and whether its US-facing trade is substantial and principal when set against other markets. For employees, the focus shifts to whether the proposed position is senior enough or specialized enough to justify E-1 classification, and whether they will in practice be working only in the qualifying trade enterprise once in the US. Family members can benefit from the route, but their position is always dependent on the principal trader or employee maintaining valid E-1 status.

If treaty eligibility is not available, attention needs to move quickly to investor, intracompany transfer or employment-based categories so that US plans are built around a route that can actually deliver the required immigration status.

Section F: Need Assistance?

The E-1 trader visa can be a powerful route for businesses that already have meaningful trade with the US and want key people on the ground, but the eligibility and evidentiary rules are demanding. Case officers look closely at ownership structures, the pattern of cross-border trade and the way the proposed US role ties into that activity, and applications that rely on thin or inconsistent evidence are at real risk of delay or refusal.

NNU’s US immigration attorneys focus on treaty visas and handle E-1 visa matters for a wide range of sectors, from services and technology to manufacturing and distribution. We can assess whether your nationality, ownership structure and trading history support an E-1 strategy, advise on alternatives where treaty eligibility is not available and work with you to prepare a petition that presents the trade and roles in a way that aligns with current US adjudication trends.

For tailored guidance on your plans, contact us to speak to our team about the E-1 petition process in your specific circumstances.

Section G: Glossary

Section H: Additional Resources

Author

Nita Upadhye

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

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