E-1 Treaty Trader Visa Lawyer London
We handle the complexities of your E-1 Treaty Trader visa application, so your move to the US stays on track.
The E-1 Treaty Trader visa allows nationals of a qualifying treaty country to live and work in the United States in order to carry out substantial trade principally between their home country and the US. It is available to qualifying business owners and to their essential employees, carries no minimum investment requirement, and — unlike most US work visas — has no annual quota and can be renewed indefinitely for as long as the underlying trade continues. Adam Bernard Solicitors’ immigration team, working alongside our affiliated US attorneys at Adam Bernard Attorneys, advises UK-based traders and their staff through every stage of an E-1 application, from initial eligibility assessment to consular interview preparation.
What Is an E-1 Visa?
An E-1 visa is a US non-immigrant visa reserved for treaty traders — individuals or companies conducting substantial international trade principally between the United States and a treaty country. “Trade” for E-1 purposes covers the exchange of goods, services, technology, insurance, banking, transportation, tourism, communications and several other recognised categories, provided the trade is already flowing, not merely planned. Two people typically use this route: a qualifying business owner who is personally directing that trade, or an employee coming to the US to perform an executive, supervisory or essential-skills role for a qualifying treaty trading company.
Because the E-1 is a treaty-based, non-immigrant category, it sits outside the annual visa caps that constrain routes like the H-1B, and there is no formal limit on how many times it can be renewed — a trader who continues to meet the requirements can, in practice, remain on E-1 status indefinitely.
E-1 vs E-2 Visa: What's the Difference?
The E-1 is based on trade volume; the E-2 is based on capital investment — and a business or individual may qualify for one, both, or neither, depending on their treaty country and their activity in the US.
| E-1 Treaty Trader | E-2 Treaty Investor | |
| Core test | Substantial trade, majority of it between the US and the treaty country | Substantial capital investment in a real, operating US business |
| Minimum spend | None specified | Investment must be “substantial” relative to the business (commonly cited informal benchmarks start around $100,000+, case-by-case) |
| Ownership | Business must be at least 50% owned by treaty-country nationals | Same 50% nationality test, but tied to the investing entity |
| Renewability | Indefinite, in 2-year increments, while trade continues | Indefinite, in 2-year increments, while the investment enterprise operates |
Not every treaty country carries both statuses — the UK qualifies for both E-1 and E-2, but several countries hold only an E-2 treaty (investment-based) with no equivalent E-1 trade treaty, and a small number hold E-1 without E-2. If your business is investment-led rather than trade-led, our E-2 Treaty Investor visa guidance may be the better starting point.
Who Is Eligible for an E-1 Visa?
Eligibility differs depending on whether you’re applying as a business owner or as an employee of a qualifying trading company.
As a treaty trader (business owner), you must be a national of a treaty country, be actively engaged in substantial trade, and conduct at least 50% of that trade between your treaty country and the United States. In practice, this means:
- You (or, for a company, at least 50% of its owners) hold the nationality of a treaty country.
- Trade is already occurring — a business plan or projected trade is not sufficient.
- More than 50% of the total volume of international trade conducted is between the US and the treaty country.
- The trade is “substantial” — a continuous flow of sizeable transactions rather than one large but isolated deal.
As an employee, you must share your employer’s treaty nationality and be coming to the US to perform duties that are executive, supervisory, or that require essential specialised skills the business genuinely depends on. Ordinary or purely qualified staff — those in roles that could readily be filled by a US worker without a demonstrable skills gap — do not qualify; USCIS and consular officers scrutinise this closely.
Which Countries Qualify for the E-1 Treaty Trader Visa?
Roughly 50 countries currently hold an E-1 trade treaty with the United States, including the UK, though the exact list is not the same as the roughly 80 countries covered for E-2 investment purposes. Older guidance circulating online (including figures like “78 countries”) does not reflect the current State Department treaty table and should not be relied on — the list is amended periodically (Portugal, for example, was added to both the E-1 and E-2 lists in March 2024). Because the list changes, we check applicant nationality against the live US Department of State treaty country table at the outset of every matter rather than working from a fixed number.
E-1 Visa Documents and Requirements
Before filing, you’ll need your passport, both principal visa application forms, evidence of your trading relationship, and proof of the underlying business ownership. A complete E-1 application consular file typically includes:
- Passport valid for at least six months beyond your intended stay.
- Form DS-160 — the standard online non-immigrant visa application, completed for you and any dependants travelling with you.
- Form DS-156E — the supplemental Treaty Trader/Investor application, confirming your authority to apply on behalf of the trading business.
- Evidence of business ownership — incorporation documents, share certificates, or a partnership/joint venture agreement demonstrating the required treaty-country ownership.
- Trade documentation — purchase orders, sales contracts, shipping and customs records, invoices, and accounts showing the required 50%+ US–treaty-country trade flow.
- A detailed cover letter setting out how both you and the business meet each E-1 requirement.
- Dependant documentation — marriage and birth certificates for any spouse or children accompanying you.
- Visa fee payment confirmation.
Consular officers frequently request additional supporting evidence once an application is under review, particularly around trade volume and the “substantial” test — having a well-organised, well-evidenced file from the outset materially reduces the risk of delay or refusal.
E-1 Visa Fees in 2026
The core government fee for an E-1 visa is the $315 MRV (visa application) fee, payable per applicant; UK nationals do not pay an additional reciprocity/issuance fee. Beyond that baseline:
- Visa Integrity Fee — $250. New for nonimmigrant visa issuances since October 2025 under the “One Big Beautiful Bill Act.” Rollout across US consular posts has been uneven, and formal guidance on E-category applicability and refund mechanics is still developing — we confirm current requirements with the filing post before every application.
- Premium processing — $2,965 (from 1 March 2026). This only applies if you are already in the US and are filing Form I-129 with USCIS to change or extend E-1 status, rather than applying at a US consulate — USCIS commits to acting within 15 business days for this fee. There is no equivalent “paid fast-track” for the standard consular route.
- Visa validity for UK nationals is currently up to 60 months (5 years), multiple entry — though each individual admission at the US border is limited to a maximum stay of 2 years, renewable in further 2-year increments with no cap on the number of renewals, for as long as the qualifying trade continues.
How to Apply for an E-1 Visa
Most UK applicants apply for their E-1 visa directly through a US embassy or consulate, though those already lawfully in the US can instead apply to change or extend status with USCIS. The standard consular route runs as follows:
- Complete Form DS-160 online, plus the supplemental DS-156E for the trading business.
- Pay the MRV fee ($315) and, where applicable, the Visa Integrity Fee, following the instructions issued by your chosen embassy or consulate.
- Upload your visa photo as part of the DS-160 submission.
- Schedule your interview. Interview wait times vary significantly by post and by month — some competitor guidance has cited waits of around 45 days at the US Embassy in London, but this fluctuates with staffing and demand, so we check the State Department’s live wait-time tool for the specific post before advising a client on timing.
- Attend your interview and provide biometrics (digital fingerprint scan), taken before, during or shortly after the interview depending on the post.
- Await the consular officer’s decision. If approved, you’ll pay any applicable visa issuance fee (nil for most UK applicants) and the visa will be affixed to your passport, typically within one to two weeks.
Applicants already inside the US on another valid status can instead file Form I-129 with USCIS to change status to E-1 or extend existing E-1 status, with the option of premium processing described above.
How Long Does the E-1 Process Take?
Most UK applicants can expect a total timeline of roughly six to twelve weeks from a complete DS-160/DS-156E submission to a decision, though this depends heavily on the receiving post’s current interview backlog. As a guide:
- DS-160/DS-156E preparation: typically a few days to two weeks, depending on how quickly supporting trade documentation can be assembled.
- Interview scheduling: varies by post — check the live State Department wait-time tool rather than relying on a fixed figure, as it changes month to month.
- Post-interview issuance: usually one to two weeks once approved.
There is currently no accelerated, paid consular option — the fastest route to a faster outcome is a complete, well-evidenced application that avoids a request for further documentation (“administrative processing”), which can add weeks or months.
How Adam Bernard Solicitors Can Help
Our immigration team, supported by our affiliated US attorneys at Adam Bernard Attorneys, prepares E-1 applications for both UK business owners establishing US trade operations and employees being sent to run them — assessing eligibility against the current treaty list, building the trade-volume evidence file, preparing DS-160/DS-156E submissions, and coaching clients ahead of their consular interview. If your route is investment-led rather than trade-led, we also advise on the E-2 Treaty Investor visa, and for staff transfers within an existing multinational group, the L-1 Intra-Company Transfer visa or O-1 visa for individuals of extraordinary ability may be a better fit. Clients planning a longer-term move can also ask us about the EB-1 employment-based green card route. See our full US Consular Immigration Services overview for the complete range of routes we advise on.
Frequently Asked Questions
Do I need to invest money to qualify for an E-1 visa?
Can my family come with me on an E-1 visa?
How long can I stay in the US on an E-1 visa?
Is there a faster, paid processing option for an E-1 visa?
What's the difference between an E-1 and an E-2 visa?
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