Treaty Traders

The E-1 classification may be granted on application to USCIS (the former INS) to an individual who is a national of a country with which the United States has a commercial treaty.� This person must be coming to the United States solely to engage in trade of a substantial nature principally between the United States and his or her country of nationality.

To be eligible as a treaty trader under E-1:

• The applicant must be a national of a treaty country.
• The trading firm for which the applicant is coming to the United States must have the nationality of the treaty country.
• The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade.
• The trade must be principally between the United States and the treaty country, which means that more than 50 percentof the international trade involved must be between the United States and the country of the applicant�s nationality.
• Trade means the international exchange of goods, services, and technology.� The title of the trade items must pass from one party to the other.
• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm.� Ordinary skilled or unskilled workers do not qualify.

E-1 status is granted for an initial period of two (2) years and can be extended indefinitely, in two (2) year increments.

Spouses and unmarried children (under twenty-one (21)) of E-1 employees are entitled to apply for E-1 status as well, as derivatives.� Further, the spouse of an E-1 nonimmigrant (but not his/her children) is also entitled to apply for work authorization (an EAD card) after arriving in the United States.