The US has long been a lucrative market for both traders and investors worldwide, offering a large customer base and diverse business opportunities. If your country has a qualifying treaty with the US in place, you may apply for a E1 visa to enter the US market as an overseas supplier.
President Trump’s ongoing tariff war with different countries as well as tightening immigration controls have shaken the international business community to its core. Overseas suppliers are anxious to know whether they (or their employees) can still enter the US market with an E1 visa, whether there have been any changes to the E1 visa requirements for exporters, or how to prove substantial trade for E1 visa approval.
Let’s dig deeper here and now to find out answers to some of these crucial questions.
E1 Visa Benefits for International Trade Businesses
First, let’s understand the benefits an E1 visa offers to foreign traders. An E1 visa is a non-immigrant visa, allowing a successful applicant to stay in the US initially for two years. You may renew an E1 visa as many times as you want, provided you continue to meet the eligibility criteria.
You may bring your spouse and children under 21 with you to the US as your dependants. They do not necessarily have the same nationality as yours. Moreover, your spouse may automatically be considered authorised for employment in the US, or be eligible to apply for the same.
An E1 visa also allows multiple entries/exits to and from the US.
E1 Visa Requirements for Foreign Exporters and Suppliers
To be eligible to apply for an E1 visa, you must:
- Be a national of a treaty country i.e., a country with which the US either has a treaty of commerce and navigation in place or maintains a qualifying international agreement (alternatively, a country may also be deemed qualified for this purpose by law)
- Already have substantial and continuous trading relations with the US
There must also be principal trade, i.e., more than 50% of international trade involved, between the US and the treaty country.Â
You may also apply for an E1 visa if you are working for a treaty trader company as an executive, supervisor, or an employee possessing essential skills or proven expertise to facilitate the trade relations. Your company must have the treaty country’s nationality (i.e., at least 50% of the company must be owned by treaty country nationals). Alternatively, if your employer is an individual, they must be a treaty country national.
Documents Needed for E1 Visa Application for Suppliers
You must be able to submit the following documents while applying for an E1 visa:
- A cover letter describing the applicant and the trading company, and addressing how the applicant meets the E1 visa eligibility criteria
- The applicant’s current passport (must be valid for at least six months beyond their intended period of stay in the US)
- Confirmation pages of the online Ds-160 (i.e., the nonimmigrant visa application) and DS-156E (i.e., the nonimmigrant treaty trader application) forms
- The applicant’s photo (as uploaded while completing Form DS-160 online)
- Proof of nationality, e.g., the applicant’s passport, birth certificate, citizenship certificate, or any other evidence of nationality or legal status in the treaty country
- Proof of existing trading relations (including the volume of trade) with the US
- Evidence demonstrating that at least 51% of the international trade is between the US and the treaty country
- Documents proving company ownership, or if the applicant is an employee, documents proving their executive or supervisory role in the company, or evidence of essential skills and/or proven expertise
- Visa fee payment receipt
- Copies of any previous US visas and/or of changes or extensions of status granted by US immigration authorities
- The applicant’s signed statement of intent to depart the US upon visa expiry or termination
- Any other documents as requested by the consular officer
US Treaty Trader Visa Application Process 2025
You can apply for an E1 visa from outside the US as well as switch to it from your existing US visa from within the country. In both cases, the application process will vary depending on whether you are applying as a company owner or an eligible employee of the same.
If you are the business owner and applying for an E1 visa from within the US, you must file Form I-129 and submit the required supporting documents to switch to E1 from your current US visa. If you are doing so as an executive, supervisor or a skilled and/or experienced employee, your company may file Form I-129 on your behalf.
On the other hand, if you are an overseas business owner applying for an E1 visa from outside the US, you will have to register your company with the E-Visa Unit first for their review of your case. Upon the completion of a successful review, the concerned US embassy or consulate in your home country will schedule a visa interview with you for further enquiry.
If you are an eligible employee whose company is already registered with the E-Visa Unit, you can directly schedule an appointment with your US embassy/consulate.
How President Trump’s Tariff War May Impact the E1 Visa
President Trump’s tariff war has already started disrupting the volume of trade between the US and certain treaty countries. This is directly going to affect the ‘substantial trade’ eligibility requirement for an E1 visa. Companies leveraging the E1 pathway currently may find it difficult to meet the trade volume required to renew the existing visas, while new entrants may not meet the eligibility conditions at all due to reduced trade between the US and their home country.
However, it will also mean that countries which are benefitting from the new tariff rules at the cost of their competitors, may now be actually able to apply for E1 visas by increasing their trade volume with the US. What’s more, the possibility of E1 visa rule modifications in future cannot be written off either, given the drastic changes made recently to the H1B visa process.
Stay updated, and consult a reputed immigration lawyer whenever in doubt.
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Title: How the E1 Visa Helps Overseas Suppliers Trade With the US
Description: This article discusses E1 visa for overseas suppliers entering the US market, including a step-by-step guide to applying for an E1 visa as a supplier.
