Blog Post
Eligibility Criteria for Treaty Traders & Employees
5/26/2025
To qualify for an E-1 Visa, treaty traders and essential employees must meet specific requirements based on nationality, trade activities, and their role in the company. Understanding these qualifications is necessary for a smooth application process.
Treaty Traders
Treaty traders, typically business owners or entrepreneurs, are the backbone of the E-1 Visa program. To become eligible, they must fulfill certain conditions that prove their strong trade connections between the United States and their home country.
Nationality
The treaty trader must be a national of a country with a treaty of commerce or navigation with the U.S. This agreement enables citizens from those countries to apply for the E-1 Visa. Verify that your country is on the U.S. treaty country list. If you have dual nationality or complex citizenship, a skilled immigration lawyer can help establish eligibility.
Substantial Trade
Trade between the U.S. and the treaty country must be substantial. This doesn’t suggest a specific dollar amount but continuous, significant transactions measured by their number, frequency, and worth. More regular and higher-value transactions strengthen the case for meeting this requirement.
Trade can involve goods, services, banking, insurance, tourism, or technology transfers. While each transaction doesn’t need to meet a set minimum, the overall trade flow should be enough to support the trader and their family.
Principal Trade
The principal trade requirement mandates that at least 50% of a treaty trader’s international business occurs with the U.S. This ensures the business relationship is substantial enough to warrant an E-1 Visa. Proving this balance may require legal guidance, especially for enterprises operating in multiple markets.
Along with the qualifications for treaty traders, their employees must also meet specific requirements to qualify for an E-1 Visa. They must meet separate yet equally important requirements to be eligible.
Employees Of Treaty Traders
Qualified employees of E-1 Visa entrepreneurs contribute directly to the success of business operations in the U.S. They can obtain the same nonimmigrant classification if they meet specific criteria based on their role and nationality.
Nationality
Employees must share the same nationality as the treaty trader employer. They must be citizens of the same treaty nation to ensure the business maintains its strong link to the home country. For companies with multinational staff or complex ownership structures, a seasoned attorney can ensure compliance with nationality requirements and avoid delays.
Executive Or Supervisory Role
Employees seeking an E-1 Visa must hold executive, managerial, or supervisory positions within the company. These roles ensure that employees have notable control over critical day-to-day operations, keeping the business running smoothly.
However, employees without these titles may still qualify if they have specialized skills essential to the company’s success. These can include mastery in specific business areas or unique qualifications not readily available in the U.S. workforce. An E-1 Visa petition lawyer can help evaluate if an employee’s role or skills meet the criteria.
Meeting these qualifications allows traders and employees to establish a strong business presence in the U.S. Additionally, keeping track of these requirements can help maintain compliance with immigration laws.
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