The Treaty Countries Requirement for the E-1 Visa

The E-1 visa, also known as the Treaty Trader visa, is a non-immigrant visa that allows individuals from certain countries to enter the United States to engage in international trade on their own behalf or as employees of a trading company. One of the primary requirements for this visa is that the applicant must be a citizen of a country that has a qualifying treaty of commerce and navigation with the United States. 

*If you’re looking for the E-2 visa treaty countries, click here.

Qualifying for the E-1 Visa 

These are the primary eligibility criteria for applicants for the E-1 Visa: 

• The applicant must be a citizen of an E-1 treaty country (a country with which the U.S. maintains a treaty of commerce and navigation). 

• The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country. 

• The trade must be substantial, meaning there must be a significant and continuous flow of goods, services, or technology between the U.S. and the treaty country. 

• More than 50% of the total volume of international trade must be between the U.S. and the treaty country. 

• The applicant must be employed in a supervisory or executive capacity, or possess skills essential to the firm’s operations in the U.S. 

That first bullet point is our main focus here. It’s an unusual requirement that only applies to one other visa category, the E-2, but it’s still a requirement.  

The point here is that meeting the “treaty requirement” is a must for anyone who wants to apply for an E-1 Visa. There are no exceptions to this rule and citizens of countries that do not have an E-1 treaty agreement with the United States are simply ineligible to apply. 

Consult the State Department’s list of countries with an E-1 treaty for the most current information.  

If you do not meet the E-1 treaty requirement, consult an immigration professional for advice on what other U.S. business immigration visas you may be eligible for.  

Who is on the List of E-1 Treaty Countries 

The U.S. State Department is responsible for concluding the treaty agreements on which the E-1 Visa is based. The list of “approved” countries for the E-1 program is shorter than you might think, just 54 out of the 220+ countries in the world.  

Some of the E-1 treaty agreements were established as long ago as the 19th century (Argentina), while others were concluded as recently as 2019 (New Zealand). Many of the world’s largest countries — including China, India, Russia, Brazil and Indonesia — are not on the list but Togo, Oman and Latvia are.  

For the current list of countries with which the United States maintains a treaty of commerce and navigation, visit this website.  

If you think the E-1 visa might be a good option for you, reach out to learn how Joorney can help.