Complete guide to E1 E2 visa USA requirements. Learn what is an E1 visa in the USA, how to apply for an E1 visa, and all requirements for E1 visa for USA and E2 visas.
The United States immigration system offers multiple pathways for international business professionals. Two of the most popular options are the E1 and E2 visas. But many people get confused about these options. The E1 E2 visa USA requirements are completely different from each other. They serve different types of business activities. Choosing the wrong one can waste months of your time.
The E1 is for traders who already have active business between their country and America. The E2 is for investors putting money into US businesses. Both let you live and work in America, but the paths are totally different. Understanding which visa fits your situation saves time, money, and frustration. Let's break down everything you need to know about these visa options.
Ready to explore your visa options? Book a free consultation with Beyond Border today and we'll help you determine whether an E1 or E2 visa is right for your business.
The E1 visa is a nonimmigrant visa for treaty traders. An E1 visa for the USA allows nationals from countries with commerce and navigation treaties to enter America for conducting substantial trade between the US and their home country.
Trade includes the exchange of goods, services in the transport sector, banking and insurance industries, and the tourism industry. Technology transfers also count. So does international journalism and communications work. The key word is "substantial." Your business needs to show continuous trading activity over time. Not just one big deal, but multiple transactions creating an ongoing pattern.
Here's something important. Principal trade means over 50% of your international trade volume must happen between the US and your treaty country. If you're trading with five countries and the US only represents 30% of your business, the E1 visa to the USA. Unlike investment visas, the E1 requires zero capital investment. Your achievements and trade volume matter more than your bank account. That makes it accessible for traders who haven't yet built up huge cash reserves.
Let's get specific about E1 visa requirements for USA eligibility.
First, nationality matters. You must be a national of a country with which the United States maintains a treaty of commerce and navigation. Not all countries qualify. The USCIS maintains an official list of treaty countries.
Second, your US business must have the right ownership structure. The US company must be at least 50 percent owned by natural persons from the treaty country. If you're German and applying for an E1, Germans must own at least half the company. US citizens or green card holders in your ownership structure don't count toward this requirement.
Third, you need the right role. Not everyone in a trading company qualifies. You must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the treaty enterprise.
Fourth, the trade must already exist. You can't use an E1 visa for America to start brand new trading operations. The business needs a track record of substantial trade already happening.
The application for the E1 visa USA process involves several clear steps.
Some countries have streamlined processes. For Canadian nationals, the process involves uploading Form DS-160 and submitting a condensed application to the E Visa Unit in Toronto via email. Processing times are generally quick. On average, E1 visa processing takes between two and four weeks. However, getting an interview appointment often takes longer than the actual processing.
Need help preparing your E1 visa application? Beyond Border's experienced immigration team can handle your entire application process and maximize your approval chances.
The E2 visa, which appears in searches about E1 E2 visa USA requirements because people often compare these options. The E2 visa allows nationals from treaty countries to enter the US to invest and direct a substantial amount of capital in a bona fide enterprise. This is fundamentally different from the E1 trader visa.
E2 visa requirements include:
You must be from an E2 treaty country. Check the State Department's E2 treaty country list to confirm your eligibility. Note that E1 and E2 treaty lists aren't identical. Some countries only qualify for one type.
You must make a substantial investment. There's no exact dollar amount defining substantial investment for an E2 visa, but generally, the lower the cost of the business, the higher the percentage of investment needed. For small service businesses, you might need to invest a higher percentage than for capital intensive ventures.
The investment enterprise may not be marginal, meaning it must have present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and family. For new businesses, you need to show capacity to generate such income within five years. You must have at least 50% ownership or operational control through a managerial position. The business must be a real, active, operating commercial enterprise producing goods or services for profit.
When researching what is an E1 visa in the USA versus E2 options, understanding the key differences helps you choose correctly. Trade versus investment. The E1 focuses on existing international trade. The E2 centers on capital investment in a US business. If you're buying or starting a US company, E2 makes more sense. If you're expanding existing cross border trade operations, E1 fits better.
Flexibility. Both visas allow two year initial stays with unlimited renewals. Qualified treaty traders and employees will be allowed a maximum initial stay of two years, with extensions granted in two year increments. Neither leads directly to a green card, but both allow you to pursue permanent residency separately.
Confused about which visa fits your situation? Schedule a consultation with Beyond Border's visa experts to get personalized guidance based on your specific business model.
Let's talk numbers for when you apply for an E1 visa USA or pursue an E2. Application fees for E1 visas include the DS-160 visa application fee of $315. For E2 visas in 2025, the processing fee is $315. This is the base government fee that everyone pays.
If you're already in the US and want to change status, you'll file Form I-129. The filing fee is $810 for petitioners who employ fewer than 25 employees and $1,615 for petitioners who employ more than 25 employees. Timeline expectations matter. E1 visas are typically granted for a maximum of two years, during which the holder can move freely in and out of the US. Upon each reentry, treaty traders usually receive an automatic two year readmission period.
Getting approved is just the beginning. Maintaining your E1 visa for USA or E2 status requires ongoing compliance. Continue your qualifying activity. For E1 holders, maintain substantial trade between the US and your treaty country. For E2 holders, actively direct and develop your investment enterprise.
Track your stay carefully. File extension applications before your current status expires. Although E visas allow unlimited extensions, each requires proving you still meet all requirements.
Worried about visa compliance issues? Beyond Border provides ongoing support to help you maintain valid status and handle any complications that arise.
People make predictable errors when pursuing E1 E2 visa USA requirements.
What is the difference between E1 and E2 visa USA requirements? E1 visa requirements focus on substantial international trade between the US and treaty countries with no investment needed, while E2 requirements center on making a substantial capital investment in a US business, making E1 better for traders and E2 ideal for investors.
Can I apply for an E1 visa if my country doesn't have a treaty? No, only nationals of countries with commerce and navigation treaties with the US can apply for E1 visa to the USA, you must check the official USCIS treaty country list before starting your application as eligibility is strictly limited to treaty nations.
How long does it take to get an E1 visa for America? E1 visa processing typically takes two to four weeks once your application is submitted, but scheduling an interview appointment can take several additional months depending on your embassy, so apply early to meet your timeline.
Can my spouse work in the US on my E1 visa? Yes, spouses of E1 visa holders are automatically employment authorized incident to status and can work for any employer in the US without needing a separate work permit, though children under 21 cannot work in dependent status.
What happens if my E1 business stops trading? If substantial trade between the US and your treaty country stops, your E1 visa status ends and you must leave the US, change to another visa category, or risk being out of status which can lead to removal proceedings.
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