Treaty nationality
The principal applicant must hold nationality of a country that qualifies for E-1 treatment.
For established cross-border trade
For treaty-country businesses already exchanging goods, services or technology with the United States, E-1 may offer a more natural route than purchasing a new business solely for immigration purposes.
The correct starting point
A strong analysis begins with the enterprise and its existing transaction history. Forming a U.S. company or planning future sales, without a qualifying flow of trade, is not the same as demonstrating E-1 readiness.
E-1 eligibility framework
Each requirement must support the same business, ownership and trade narrative.
The principal applicant must hold nationality of a country that qualifies for E-1 treatment.
At least 50% of the trading enterprise generally must be owned by nationals of the same treaty country.
Trade may include goods, services and technology exchanged internationally between the United States and the treaty country.
The record should show a sizable and continuing volume of trade. Transaction value and number are considered together.
More than 50% of the enterprise’s international trade must be between the United States and the treaty country.
The applicant may be the treaty trader or a qualifying executive, supervisor or employee with essential skills.
Qualifying commercial exchange
E-1 analysis should follow the actual commercial exchange—not assumptions about what an import-export business looks like.
Transaction evidence
Evidence differs by industry, but the objective remains consistent: demonstrate the parties, value, frequency, direction and continuity of qualifying trade.
Ownership and nationality records
Invoices and commercial contracts
Bank transfers and payment records
Customs and shipping documentation
Customer and supplier summaries
Financial statements and trade schedules
Service delivery records
Organizational chart and proposed U.S. role
Professional preparation
Confirm nationality, ownership, entities, business activity and the applicant’s proposed role.
Organize transactions by country, counterparty, date, value, type and supporting evidence.
Review continuity, substantiality and the percentage of international trade involving the United States.
Prepare the commercial record for independent legal review, consular requirements and interview readiness.
An employee normally must share the treaty nationality of the principal employer and serve in an executive, supervisory or qualifying essential-skills capacity. Job title alone does not establish eligibility.
Trade-readiness assessment
We will use approximate business facts to identify whether a focused E-1 consultation, E-2 comparison or additional trade development may be the most appropriate next conversation.
Provide approximate information only. Do not upload or send passports, tax returns, bank statements, customer lists or confidential contracts through this form.
This preliminary inquiry is not a legal determination and does not create an attorney-client, accounting, brokerage or fiduciary relationship.
Frequently asked questions
General information only. The correct strategy depends on the complete enterprise, trade and immigration record.
E-1 is centered on qualifying trade rather than a fixed investment threshold. Business setup costs do not replace the substantial and principal trade requirements.
E-1 cases generally rely on an existing, continuing flow of qualifying trade. Plans and projections alone require careful professional analysis and may not establish the required record.
Potentially. The Department of State recognizes trade in goods, services and technology, but the international exchange and supporting evidence must be clearly documented.
More than 50% of the enterprise’s international trade must be between the United States and the treaty country. This is not simply 50% of all domestic and international revenue.
Potentially, when nationality, enterprise and role requirements are met and the person will serve in an executive, supervisory or qualifying essential-skills position.
E-1 is usually evaluated through ongoing international trade; E-2 through a substantial investment in a real and operating U.S. enterprise. Some profiles require comparison of both routes.