E-1 Treaty Trader
For qualifying treaty-country nationals engaged in substantial, ongoing trade, such as goods, services, or technology, principally between the United States and the treaty country.
Where Trade and Investment Become an E-1/E-2 Visa
The strongest E-1/E-2 visa cases are not just paperwork. They are built. We structure your trade or investment, document it the way officers expect to see it, and file a case designed to hold up to scrutiny.
E-1 and E-2 status is available to nationals of treaty countries who trade with, or invest in, the United States. For qualifying treaty traders and investors, E status offers a business-based path without an annual lottery or numerical cap.
- File on Your Own Timeline There is no annual application window or randomized selection to wait for. You file once your case is ready.
- Renewable for as Long as You Qualify There is no fixed maximum number of extensions. E status may generally be extended in increments of up to two years as long as the requirements continue to be met.
- Your Spouse Can Work Too Qualifying spouses of E-1 and E-2 principals are generally authorized to work in the U.S. based on their valid E spouse status, a benefit many other work visa categories do not offer.
E-1 and E-2 cases generally fall into several common categories. We will help determine which may apply to your situation, and in some cases more than one theory is available.
-
-
E-2 Treaty Investor
For someone who has invested, or is actively investing, a substantial amount of capital that is genuinely at risk in a real U.S. business they will develop and direct.
-
E-1/E-2 Employee
For an executive, supervisor, or specially qualified employee of a qualifying E-1 or E-2 enterprise, sharing the enterprise's treaty nationality even without an ownership stake.
E-1 and E-2 share the same legal foundation and the same broad benefits: no cap, renewable for as long as you qualify, work authorization for spouses. Where they differ is what you are actually building your case on.
| Criterion | E-1 Treaty Trader | E-2 Treaty Investor |
|---|---|---|
| What qualifies you | Substantial, ongoing trade, with more than 50% of the enterprise's international trade occurring between the U.S. and the treaty country | A substantial amount of capital, genuinely at risk in a real U.S. business |
| Minimum amount | No fixed minimum. What matters is a steady, recurring flow of trade | No fixed minimum. What matters is the investment relative to the total cost of the business |
| Best fit for | Import/export businesses, trading companies, service providers with cross-border contracts | Founders launching or buying a business, investors funding a U.S. operation they will run |
| Show where the money came from? | Unlike E-2, the primary focus is on qualifying trade rather than an investment of capital | Yes. A documented, lawful paper trail from source to enterprise is central to the case |
Not sure which describes your situation? That is normal. The same business can sometimes support either theory, and we will work through it with you at intake.
For qualifying treaty traders and investors, E status can offer a business-based path to live and work in the U.S., driven by your own enterprise rather than a third-party sponsor or an annual visa cap. Applicants with a standout individual record may also want to compare the O-1A extraordinary ability visa and our extraordinary and exceptional ability visas.
Strong candidates include founders launching or acquiring a U.S. business with capital they control, business owners with an established import/export or services trade with a treaty country, and executives, supervisors, or specially qualified employees brought in to work for a qualifying treaty enterprise.
Our E-1/E-2 approach focuses on core parts of the case: the qualifying enterprise and the trade or investment supporting it.
- Treaty & Enterprise Analysis We confirm your treaty-country nationality against the current State Department list, and the E-1 and E-2 lists are not identical, then evaluate whether the enterprise is positioned to meet the applicable E-1 or E-2 requirements before you invest additional time or capital.
- Source-and-Path-of-Funds Documentation For E-2 cases, clearly documenting the lawful source and path of invested funds is an important part of building the case. We build the paper trail from day one.
- Strategic Case Narrative Your trade volume or investment is presented as a coherent case for substantiality and non-marginality, not a folder of receipts.
- Pre-Filing Review by a Former USCIS Officer Available on Elite plans. A former USCIS officer reviews your complete case before filing to flag weaknesses before an adjudicator does.
- End-to-End Support From intake through adjudication, and where applicable future extensions, your attorney and case team support you at each stage.
** Former USCIS officer review is provided in an advisory capacity only and does not guarantee approval or influence USCIS adjudication. All legal work is performed and supervised by licensed attorneys.
Every plan includes attorney-led preparation and filing. Choose the level of protection that fits your situation.
Essential
Core Filing
$6,500
- Attorney-led E-1/E-2 case preparation and filing/application support, including your treaty business plan where applicable
- Case tracking and status updates
- Dedicated case support throughout the filing process
Premium
Protected Filing
$9,975
- Everything in Essential
- One complimentary refile, if eligible, or 50% fee protection*
- Enhanced case strategy support
Elite
Maximum Protection
$10,975
- Everything in Essential
- Independent pre-filing review by a former USCIS officer**
- Up to 80% fee protection after two unsuccessful filings*
- Enhanced attorney oversight and case review
** Former USCIS officer review is provided in an advisory capacity only and does not guarantee approval or influence USCIS adjudication. All legal work is performed and supervised by licensed attorneys.
* Plan benefits, eligibility requirements, and fee protection terms are subject to the Pricing Terms & Conditions and Engagement Agreement.
Have a specific question about your case? Schedule a free evaluation and we will answer it directly.
Do I need a U.S. employer to qualify for E-1 or E-2?
Not necessarily. Treaty traders and treaty investors may qualify based on a qualifying enterprise, while E-1/E-2 employees must work for a qualifying treaty enterprise and meet the applicable requirements.
What is the difference between E-1 and E-2?
E-1 is trade-based: it requires actual, substantial, ongoing trade principally with your treaty country. E-2 is investment-based: it requires a substantial amount of capital genuinely at risk in a real U.S. business you will develop and direct. The right fit depends on your specific facts.
Is there a minimum investment amount for E-2?
There is no fixed statutory minimum. What matters is whether the investment is substantial relative to the total cost of the particular business, and whether it is enough to support a real, non-marginal enterprise.
How long can I stay in the U.S. on E status?
There is no cap on how many times you can extend E-1 or E-2 status. Extensions are typically granted in two-year blocks, for as long as the underlying enterprise and your role remain eligible.
Is E-1 or E-2 a green card?
No. E-1 and E-2 are temporary, nonimmigrant classifications. Some E visa holders may separately qualify for a green card such as the EB-2 NIW self-petition , or another immigration category, depending on their circumstances.
Can my spouse and children come with me?
Yes. Spouses and unmarried children under 21 can generally accompany or follow to join an E-1 or E-2 principal. Qualifying E spouses are generally authorized to work based on their valid E spouse status. Children in E derivative status are not employment authorized based solely on that status.
What happens if my enterprise already exists but has not been through the E-status process?
We evaluate the business as it stands today, including ownership, operations, and trade or investment records, to evaluate whether it appears to meet the applicable requirements or what may need to be built out before filing.
Your Trade or Investment Is the Case.
We Build the Strategy.
An E-1 or E-2 case is built on the strength of the qualifying enterprise, trade, or investment. Our attorneys work closely with you to structure the case, document the trade or investment, and present a clear argument under the treaty standard. You can also explore our immigration services.