The treaty-trader status applies to citizens of treaty countries who can enter the United States as part of a company that "trades" a substantial amount of goods or services between the United States and the treaty country.

• The foreign national coming to the U.S. must be a national of a treaty country.
• The trading company for which the applicant is coming to the U. S. must have the nationality of the treaty country.
• The trading company must be owned by treaty nationals.
• The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade.
• The trade must be principally between the U.S. and the treaty country.
• The foreign national coming to the U.S. must be 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.
  

"Trade" means the exchange, purchase, or sale of goods and/or services. "Goods" are tangible commodities or merchandise having intrinsic value. "Services" are economic activities whose outputs are other than tangible goods. Such services include,but are not limited to, banking, insurance, transportation, communications and data processing, advertising, accounting, design and engineering, management consulting, tourism, and technology transfer.

A person in a "supervisory" or "executive" position is similar to a L visa holder. Such persons should possess managerial skills and experience and should be in a position of authority and responsibility. Factors considered include: title, salary, place in the organizational structure, responsibility for discretionary decisions and directing and managing business operations. Employees possessing "essential skills" are those employees that have knowledge or skills which are essential to the effective operation of the U.S. enterprise. Factors considered include: the degree of proven expertise in the area of specialization and the length of experience or training with the company.

For more detailed listing of information requirements, click here.

Unlike most nonimmigrant visas, a foreign national seeking to enter the U.S. on an E-1 treaty trader visa is not required to obtain prior approval from the U.S. Immigration and Naturalization Service ("INS"). They can apply directly to a U.S. consulate using Form OF-156. Of course, if a foreign national is already in the U.S. (for example, on a B-1 business visa), (s)he can apply for a change of status to an E-1 visa status through the INS using Form I-129 and its "E" Supplement. To see or download copies of these forms, click here.

The time period an E-1 visa holder is entitled to remain in the U.S. is generally based on the "reciprocity" agreement in the treaty. A foreign national's visa stamp is always for two years from the date of last entry. However, there is no limit to the number of times an E-1 visa can be renewed, so long as the sponsoring company still qualifies as an E-1 sponsor. It is also important to remember that an E-1 visa cannot substitute for an immigrant visa, and that treaty investors must have an intent to depart at the end of the visa. They are not, however, required to retain a residence abroad to which they will return.

Spouses and unmarried children (under 21 years old), regardless of nationality, may also enter the U.S. on an E-1 visa. Dependents, however, are not authorized to work in the United States.

Countries With Treaty-Trader Status (as of 9-15-98)

Argentina	Australia	Austria	Belgium	Bolivia	Bosnia	Brunei	Canada	China (Taiwan)	Columbia
Costa Rica	Croatia	Denmark	Estonia	Ethiopia*	Finland	France	Germany	Greece	Honduras
Israel	Iran**	Ireland	Italy	Japan	Korea	Latvia	Liberia	Luxembourg	Macedonia
Mexico	Netherlands	Norway	Oman	Pakistan	Paraguay	Philippines	Slovenia	Spain	Suriname
Sweden	Switzerland	Thailand	Togo	Turkey	United Kingdom***

* The U.S. State Department has not yet determined whether Eritrea will be considered a successor to the treaty with Ethiopia.
** Iran's treaties are still in effect despite the lack of diplomatic relations between the countries. E-1 visas, however, are no longer available since no U.S. company is permitted to "trade" with Iran.
*** The treaty with the United Kingdom is only for British nationals "normally resident" in the UK. Therefore, no "landed immigrants" from Canada, Hong Kong or other countries can obtain an E-1 visa.