EB-1 Category
Treaty Traders
and Investors (E’s)
The E categories are designated for aliens engaged in international
trade or investment between the United States (U.S.) and the
aliens’ countries of nationality, provided the U.S. has an appropriate
treaty relationship with the foreign country.
If applicant will be employed rather than doing business on
his or her own account, employing company must have (same) treaty
nationality. Company's nationality is determined by its ownership,
not ordinarily by its place of registry.
Company must be at least 50 percent owned by persons with treaty
country nationality who are not lawful permanent residents of
the U.S. and, if in the U.S., are maintaining E-1 or E-2 status.
Dependents (spouses and unmarried children under 21 years of
age) of an E-1 or E-2 nonimmigrant will be admitted under same
classification as the principal and can apply for a work authorization.
The dependent spouse and children are not required to have the
same nationality as the principal alien.
E-1 Treaty Trader
The E-1 classification is authorized for a national of a country
with which the United States has a commercial treaty, who is
coming to the U.S. solely to engage in trade of a substantial
nature principally between the United States and the alien’s
country of nationality. The trade involved must be international
exchange (successfully negotiated contracts binding on all parties)
of items of trade between the U.S. and a treaty country. Title
to the trade item must pass from one treaty party to the other.
The treaty trader countries are:
Argentina, Australia, Austria, Belgium, Bolivia, Brunei, Canada,
China (Taiwan), Colombia, Costa Rica, Denmark, Estonia, Ethiopia,
Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel,
Italy, Japan, Jordan, Korea, Latvia, Liberia, Luxembourg, Mexico,
Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines,
Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey,
United Kingdom, Yugoslavia.
