E-1 Visa - Treaty Trader Visa For The USA

An E-1 visa is only issued to self-employed persons or employees of U.S. companies that conduct trade between the treaty country (e.g. Germany) and the USA.

The term “trade” is to be understood in a relatively broad sense. It includes not only the exchange of goods, but also the provision of services in the fields of transportation, banking, insurance, and tourism. It is important to note that the exchange must take place directly between the U.S. and the treaty country. The term “trade” also includes technology and data transfers; the regularity and frequency of transactions are decisive, not just absolute sales figures.

The trade must be of a certain size or be substantial. Although the amount of turnover plays a role that should not be underestimated, the regularity and frequency of the exchange of goods or services over a longer period of time are more important.

It is essential that trade already exists. Anyone who first wants to set up a business in the U.S. in order to then engage in trade must apply for an E-2 investor visa; an E-1 visa is not an option for them at this stage. Check in advance whether your country of nationality is eligible: Treaty Countries (E-1/E-2)

In order to work for a U.S.-based company on an E-1 visa, at least 50 percent of the company must be owned by natural persons from the other contracting country. This means that the U.S. target company must be at least 50 percent owned by German citizens if Germans are to apply for an E-1 visa. If, for example, U.S. citizens are also to be involved in the company, particular attention must be paid to the minimum German shareholding of 50 percent when the company is founded. Caution is also advised if Germans who already have a permanent residence permit for the U.S. (green card) are involved or are to be involved. In this context, they are not considered German citizens.

Practical tip: Document the ownership structure on an ongoing basis (cap table, register extract). If the share of eligible nationals falls below 50 percent, the E status for employees is immediately revoked – even if the visa label is still valid.

It should also be noted, particularly in the case of larger companies, that if the shareholder structure changes over time in such a way that the nationality requirements are no longer met, E visas issued in the past become invalid, even if the printed validity date is still current. Employees who are in the U.S. during the change of ownership would be there illegally after the change has been completed.

These requirements also apply accordingly to cases from Austria, Switzerland, or other countries with which an “E-1 agreement” exists.

Both the E-1 and E-2 visas are available to citizens of countries that have concluded bilateral trade agreements with the U.S. With regard to Germany, this is the Treaty of Friendship, Commerce, and Navigation, which came into force on July 14, 1956. German citizens are therefore generally eligible to apply for an E visa.

Applicants for an E-1 visa must be either the direct or indirect owner of the company, a senior executive, or an employee with specialized knowledge specific to the company, e.g. with regard to the products being traded. The USCIS distinguishes between executives/supervisors and employees with essential skills (company-specific, indispensable knowledge).

To apply for an E-1 visa, several forms must be completed and an application package put together. The documents must be sent by mail and e-mail to the U.S. Consulate, which will review them. An important document is the business plan (or tax documents for existing and active companies) with a profit and loss forecast for the next five years. The business plan should show, in particular, that the trade already exists, how it is to develop further, and that it takes place or will take place predominantly between the U.S. and the treaty country; precise percentage figures are required here. Of course, information about the applicant, (potential) customers, and, if applicable, a foreign parent company must also be provided. However, the consulate's submission methods and checklists are subject to change at any time.

You should expect a processing time of eight to twelve weeks at the U.S. consulate. After reviewing your application, the U.S. consulate will contact you and you can make an appointment for you and your family (who wish to travel with you) to attend an interview at the consulate. Since September 2, 2025, the automatic interview exemption for children under the age of 14 has been lifted. Now, all applicants, including minors, are required to appear for a personal interview, unless they fall under a rare exception.

Plan realistically: Depending on workload, the application process now often takes 8 to 16 weeks from submission to interview. After entry, we recommend checking the I-94 entry online (end of stay = decisive; regardless of visa validity).

If the main applicant qualifies for an E-1 visa, their spouse and unmarried children under the age of 21 can also come to the U.S. without having to meet any special conditions. However, they must also fill out various forms.

Children are allowed to attend school or study, and spouses are allowed to take up employment in the U.S. Since November 2021, spouses of E-1/E-2/E-3 holders are automatically eligible to work (“incident to status”) – no EAD required. The prerequisite is an I-94 with the addition E-1S/E-2S/E-3S. An I-765 (EAD) can be applied for optionally if physical proof of employment is desired.

Note for employers: The I-94 with an “S” designation is considered proof of employment authorization for the I-9.