E-1 Country Eligibility List — Treaty Trader Visa

The E-1 Treaty Country List — The First Eligibility Filter

The E-1 visa authorizes foreign nationals to enter the United States to conduct substantial trade between the U.S. and their country of nationality. Eligibility begins with nationality, not the business itself: only nationals of countries holding treaties of commerce and navigation with the United States may apply. The treaty country list is maintained by the Department of State and updated as new treaties enter into force or existing ones terminate.

As of January 2026, approximately 78 countries hold active E-1 treaties with the United States. The list includes major trading partners — Argentina, Australia, Canada, Colombia, France, Germany, Israel, Italy, Japan, Mexico, Philippines, South Korea, Spain, Taiwan, Thailand, and the United Kingdom — and smaller economies where historical treaty relationships remain intact. The complete authoritative list appears on the Department of State's Treaty Countries webpage at travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html, verified January 2026.

What the list does NOT cover: countries with E-2 investor treaties but no E-1 treaty (Bangladesh, Czech Republic, Poland), countries with neither treaty type (Brazil, China, India, Russia, Saudi Arabia), and countries where the treaty expired or was terminated. Nationality from a non-treaty country disqualifies the applicant regardless of trade volume or business quality. The Law Offices of Peter D. Chu confirms treaty status during the initial eligibility review for every E-1 consultation.

What 'Treaty Trader' Means Under the Statute

The E-1 classification exists under Section 101(a)(15)(E) of the Immigration and Nationality Act. A treaty trader is defined as a national of a treaty country who carries on substantial trade, principally between the United States and the treaty country. The term "trade" includes the commercial exchange of goods, services, international banking, insurance, transportation, tourism, technology transfer, and certain types of news gathering.

Trade must be substantial in a qualitative sense — a continuous flow of sizeable transactions, not isolated sales. USCIS evaluates numerous exchanges over time rather than a single large contract. Trade must also be "principally" with the treaty country, meaning more than 50% of the total trade volume measured by transaction count or dollar value must be between the U.S. and the treaty country. Trade exclusively between the U.S. and third countries, or between two foreign countries routed through a U.S. entity, does not satisfy the principal-trade test.

How the Treaty Country List Changes

Treaties of commerce and navigation are bilateral agreements negotiated between governments. A country joins the E-1 list when the treaty enters into force following ratification by both nations. A country exits the list when the treaty expires, is terminated by either party, or is superseded by a replacement agreement that omits the treaty trader provision.

Recent examples: the U.S.-Colombia Trade Promotion Agreement entered into force in 2012, adding Colombia to the E-1 list. The U.S.-Taiwan treaty relationship operates under the 1948 Treaty of Friendship, Commerce, and Navigation with China, recognized as continuing to apply to Taiwan under U.S. policy. Changes are published in Federal Register notices and reflected on the State Department treaty page. Applicants and employers relying on treaty status must verify it at the time of application, not assume it remains stable from prior filings.

Derivative Nationality and Dual Citizens

E-1 eligibility is based on the applicant's country of nationality, not residence or birthplace. A dual citizen holding nationality from both a treaty country and a non-treaty country may apply under the treaty country nationality. The applicant must enter and maintain status using the treaty country passport.

Derivative beneficiaries — the spouse and unmarried children under 21 of the principal E-1 treaty trader — do NOT need to hold treaty country nationality themselves. The spouse and children derive status from the principal applicant's nationality and treaty trader role. A Chinese national married to a Japanese E-1 principal may enter the U.S. in E-1 derivative status; the derivative does not independently need Japanese or any other treaty country nationality.

Here's the honest answer:

Nationality from the wrong country ends the E-1 path before you evaluate trade volume or business viability. No amount of U.S. business success, capital investment, or employee headcount can overcome the absence of a treaty. If your country is not on the E-1 list, the classification is categorically unavailable — and paying for a petition that USCIS will deny on nationality alone wastes both filing fees and months of processing time. Verify treaty status before you plan the business structure around E-1.

The 'Principally Between' Calculation

USCIS measures the principal-trade requirement by comparing the value or volume of trade between the U.S. and the treaty country against total international trade. More than 50% of the qualifying trade must involve the treaty country. Trade between the U.S. and third countries does not count toward the threshold, even if routed through the applicant's U.S. company.

Example: a German national operates a U.S. import company. In the 12 months before filing, the company imported $800,000 in goods from Germany and $600,000 from Italy, France, and China combined. Total international trade = $1,400,000. Trade with Germany = $800,000 / $1,400,000 = 57%, satisfying the principal-trade test. If the German imports had been only $500,000, the percentage would fall to 36%, failing the requirement.

Trade is measured at the time of filing and must remain substantial and principal throughout the E-1 status period. A business that shifts its sourcing away from the treaty country during E-1 status may fall out of compliance and risk denial at extension.

The Employer and Employee Variants

The E-1 classification covers two applicant types: the treaty trader operating their own business, and the employee of a treaty trader organization. Both require treaty country nationality.

For the treaty trader (owner/partner), the U.S. business entity itself must also qualify as a treaty trader — at least 50% owned by nationals of the same treaty country. A Japanese national seeking E-1 status must demonstrate that the U.S. company is majority-owned by Japanese nationals and that the trade is principally between the U.S. and Japan.

For the employee, the employer must be a qualifying treaty trader organization, and the employee must be destined to an executive, supervisory, or essential skills role. The employee does not need to own any part of the business, but must hold the same treaty country nationality as the majority owners. A Canadian employee cannot work for a Japanese treaty trader on E-1 status — the employee's nationality must match the employer's treaty country.

What If My Country Has an E-2 Treaty But No E-1 Treaty?

Several countries hold E-2 investor treaties without corresponding E-1 trader treaties. Poland, Czech Republic, Bangladesh, and others fall into this category. Nationals of these countries may apply for E-2 status if they are investing capital in a U.S. business, but cannot use the E-1 treaty trader route regardless of trade volume.

The E-2 path requires a substantial investment of capital at risk in a bona fide enterprise. The investment amount is not fixed by statute, but adjudicators expect enough capital to ensure the business's successful operation. Trade volume alone — without capital investment — does not satisfy E-2 requirements. If your treaty country offers only E-2, the business plan must center on investment, not trade.

What If My Country Has No Treaty at All?

Countries without E-1 or E-2 treaties include China, India, Russia, Brazil, and many others. Nationals of these countries cannot access E-1 or E-2 status under any circumstances. The alternatives depend on the business role and qualifications:

• L-1A or L-1B: if the foreign national works for a multinational company with both a foreign entity and a U.S. affiliate, and has been employed abroad by the foreign entity for at least one continuous year in the prior three years, the L-1 intracompany transferee classification may apply
• H-1B: if the role qualifies as a specialty occupation requiring a bachelor's degree or higher in a specific field, and the employer obtains an approved Labor Condition Application, the H-1B route is available (subject to the annual cap)
• O-1: if the foreign national has extraordinary ability in business, sciences, arts, education, or athletics, demonstrated by sustained national or international acclaim, the O-1 classification does not require a treaty
• EB-5: investment of the required amount in a new commercial enterprise that creates at least 10 full-time U.S. jobs leads to permanent residence, not temporary status — a different timeline and commitment level, but no treaty requirement

These alternatives operate under separate statutory frameworks with distinct tests. None allow the flexible trade-based entry the E-1 provides.

What If the Treaty Terminates While I Hold E-1 Status?

When a treaty of commerce and navigation terminates, the Department of State typically announces a wind-down period during which existing E-1 visa holders may continue to use their status. New applications filed after the termination date are generally denied. Extensions filed during the wind-down period are decided on a case-by-case basis depending on the specific termination terms.

If a treaty terminates and no replacement treaty enters into force, the visa holder must transition to another status or depart the U.S. when the current E-1 period expires. USCIS does not extend E-1 status indefinitely once the underlying treaty no longer exists. The business owner or employee would need to qualify for a different classification — L-1, H-1B, O-1, or an immigrant category — to remain beyond the final authorized E-1 period.

The Consultation and Verification Process

Before filing an E-1 petition, confirm three facts in this order: (1) the applicant's nationality matches a current E-1 treaty country, (2) the trade meets the substantial and principal tests, and (3) the ownership structure (for business owners) or role (for employees) satisfies the classification requirements. Nationality is the threshold — if the treaty does not exist, stop.

The Law Offices of Peter D. Chu verifies treaty country status during the initial consultation and reviews the trade documentation to assess whether the principal-trade threshold is met. The firm's $250 consultation includes eligibility screening on nationality and a preliminary assessment of the business's qualifying trade. The consultation does not constitute legal advice applying to your specific facts, but provides the framework for determining whether an E-1 petition is the appropriate route.

Disclaimer: This article provides general information about E-1 treaty country eligibility and the treaty trader classification. It is not legal advice and does not create an attorney-client relationship between the reader and the Law Offices of Peter D. Chu. E-1 eligibility and approval depend on individual facts, documentation, and the specific terms of the applicable treaty. Consult a licensed immigration attorney before filing any petition or making business decisions based on visa status. Outcomes are not guaranteed, and processing times and policies change. For personalized guidance on your E-1 eligibility, contact the Law Offices of Peter D. Chu at 858-268-8823 or visit www.peterchu.com

Schedule a consultation with the Law Offices of Peter D. Chu — 4615 Convoy St, San Diego, CA 92111 · 858-268-8823 · Mon–Fri, 8:30 AM–5:30 PM. Consultation fee: $250.