E-1 Treaty Trader
Lets a national of a country that has a qualifying trade treaty with the United States come here to run substantial trade between the US and that treaty country. It also covers certain executive, supervisory, or essential-skills employees of a qualifying trading enterprise, provided the employee shares the employer's treaty-country nationality.
- Срок
- Initial admission up to 2 years. No maximum - extensions/readmissions in increments of up to 2 years each are available indefinitely as long as the underlying trade and treaty-nationality requirements continue to be met.
- Продление
- Requests for extension of stay, or change of status to E-1, may be granted in increments of up to 2 years each with no limit on the number of extensions. A traveler who departs and is found admissible generally receives a new automatic 2-year period of readmission at the border.
- Работа
- The E-1 principal may work only in the trading activity for which classification was approved (plus, under conditions, for the same enterprise's qualifying parent or subsidiary). A change of employer or a substantive change in the underlying enterprise requires a new Form I-129.
- Двойное намерение
- limited - E-1 is a nonimmigrant category requiring intent to depart when status ends, but pursuing lawful permanent residence does not by itself bar E-1 extensions the way it can for some other categories; officers assess intent case by case
- Члены семьи
- Spouse and unmarried children under 21 may accompany or follow, regardless of their own nationality, generally with the same period of stay as the principal. As of November 12, 2021, E-1 spouses are employment authorized incident to status (not required to apply for a separate EAD); since January 30, 2022, USCIS/CBP issue Form I-94 with an E-1S notation as List C evidence of that work authorization, with a narrow exception for spouses of TECRO/TECO employees, who still need Form I-765. Children may not work.
- Путь к грин-карте
- No direct path. E-1 is nonimmigrant-only; someone wanting to immigrate permanently must separately qualify for an immigrant visa or adjustment of status category (e.g., through employment-based sponsorship) - this typically also requires establishing an intent to depart consistent with E-1 status until that immigrant path is pursued.
- Срок рассмотрения
- Consular processing time varies by post; USCIS Form I-129 processing time varies by service center (check the USCIS processing times tool) - not independently verified for a specific number here (unverified)
Кто подходит
- A national of a treaty country carrying on substantial trade, principally (more than 50 percent) between the US and that treaty country
- An employee of a qualifying trading enterprise, of the same nationality as the principal employer, working in an executive or supervisory role, or possessing special qualifications essential to the enterprise
- If the employer is not an individual, the enterprise must be at least 50 percent owned by persons with the treaty country's nationality who themselves hold or would qualify for E-1 status
Требования
- Nationality of a treaty country (per the Department of State treaty country list)
- Substantial trade: a continuous flow of numerous transactions between the US and the treaty country - no fixed dollar minimum
- Principal trade: more than 50 percent of the trader's total international trade volume is between the US and the treaty country
- Trade covers goods, services, international banking, insurance, transportation, tourism, technology transfer, and some news-gathering activity
- Intent to depart the US when E-1 status ends
Как подать
- 1
If applying from abroad: complete Form DS-160 online, pay the MRV fee, schedule and attend a visa interview at a US embassy or consulate in the applicant's country of nationality (E-1 cannot be requested on Form I-129 from outside the US)
- 2
If already in the US in valid nonimmigrant status: the trader (or qualifying employer, for an employee) files Form I-129 requesting change of status to E-1
- 3
Dependents already in the US file a single Form I-539 for change of status or extension
- 4
Upon visa issuance, seek admission at a US port of entry as an E-1 nonimmigrant
Сборы и формы
| Nonimmigrant visa application fee (MRV), E category (E-1/E-2/E-3) | $315.00 |
| Form I-129 filing fee, E classification (change of status/extension filed with USCIS) | $1,015 standard; $510 for qualifying nonprofits/small employers (25 or fewer full-time-equivalent employees) |
| Form I-539 (dependents applying for change/extension of E-1 status) | $420 online; $470 paper |
| Form I-765 (optional EAD for E spouse, not required to prove work authorization) | $470 online; $520 paper |
| Visa Integrity Fee (H.R. 1 / Public Law 119-21, sec. 100007) | at least $250 per nonimmigrant visa issued, refundable if conditions met - statutory as of July 4, 2025 but as of September 2026 not yet operational; DHS/State have not published the collection mechanism (unverified implementation date) |
DS-160Form I-129 (if changing status/extending from within the US)Form I-539 (dependents changing/extending status)Form I-765 (optional, for spouse EAD)
Что изменилось в 2025 и 2026 годах
- 2021-11-12 (still in effect): E-1 spouses became employment authorized incident to status; since 2022-01-30 documented via an E-1S notation on Form I-94, removing the need for a separate EAD in most cases
- 2024-04-01: USCIS fee rule set the Form I-129 fee for E classifications at $1,015 standard / $510 small employer or nonprofit
- 2025-07-04: Statutory $250-minimum Visa Integrity Fee (H.R. 1) applies to nonimmigrant visa issuance generally, including E-1, but as of September 2026 DHS/State had not published how or when it will actually be collected
Где чаще всего ошибаются
- E-1 status depends on the ongoing trading relationship and treaty-country ownership; a merger, acquisition, or sale of the relevant business unit is a 'substantive change' requiring a new Form I-129 before continuing in E-1 status
- An E-1 employee's nationality must match the treaty enterprise's qualifying nationality, not just the principal trader's
- Trade volume that drifts below the 50-percent US/treaty-country threshold jeopardizes 'principal trade' eligibility
- E-1 cannot be requested on Form I-129 by someone physically outside the United States - that requires consular processing
Также в категории Treaty trader and investor
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