The E-1 visa allows a foreign national (“treaty trader”), of a country which maintains a qualifying treaty with the United States, to enter the United States to engage in substantial trade between the United States and the treaty trader’s home country”. Trade includes goods, services (such as banking, advertising, and accounting), and technology. While there is no set dollar amount of trade the treaty tradeer must do to qualify for an E-1 visa, the treaty trader must do enough trade to “ensure a continuous flow of international trade items between the United States and the treaty country”. 8 C.F.R. § 214.(e)(10). In addition, at least 50% of the total international trade done by the treaty trader must be between the United States and the treaty country.

A person may qualify for an E-1 visa as the principal trader, or as an employee of a business engaged in trade between the United States and a treaty country. In order to be eligible for an E-1 visa as an employee, the employee must be of the same nationality as the business. The nationality of the business is determined by the entity owning at least 50% of the business enterprise. In addition, the employee must be an executive or manager, or have special skills that are essential to the operation of the business.