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Treaty Trader/Investor

Treaty Trader E-1

If you are an applicant from a treaty country, such as France, the enterprise itself possesses treaty country nationality, and the enterprise’s activities constitute trade within the meaning of the Immigration and Nationality Act [See 9 FAM 41.51 N4], you may qualify for an E-1 visa. The trade involved must be substantial [See 9 FAM 41.51 N6] and must take place principally between the United States and the treaty country [See 9 FAM 41.51 N6].

If you believe you qualify for an E-1 visa, you must first register and pay the application fee(s) through the online appointment system.  Follow the instructions and submit your application by mail.  After your application has been received and processed, you will be contacted by the E visa office directly to schedule an interview.  Please adhere to the following format in submitting your application. All applications not complying with the format below will be returned to the applicant.

Required Format for E-1 Visa Applications

Applications must be submitted in a folder divided into sections clearly separated by lettered or numbered tabs. Please do NOT submit binders as our mail room is not equipped to process them.

Tab A

For principal applicant(s) and dependent family member(s): DS-160 confirmation page with suitable photo generated by the online system. 

Tab B

For principal applicant(s) and dependent family member(s): Photocopy of data (photo) page of passport. This tab should also include photocopies of the applicant’s prior US visas, as applicable.

Tab C

DS-156E. Contact information must include an e-mail address.

Tab D

Cover letter describing company, position, and beneficiary. This letter must address all requirements for E visa eligibility as defined by the Foreign Affairs Manual and US law. It should address the following in detail:

  • that the trade is substantial, as defined in 9 FAM 41.51 N6 (to be documented in Tab F/6)
  • that the trade is occurring principally between the United States and the treaty country, 9 FAM 41.51 N6 (to be documented in Tab G/7)
  • that the applicant will fill an executive/supervisory role or possesses skills essential to the firm’s operations, 9 FAM 41.51 N13 (to be documented in Tab H/8).  

If the company has previously qualified for E visa status, please include the date of the initial qualification. Also, please include a paragraph concerning the applicant’s unequivocal intent to depart US when E status ends.

Tab E

Proof of treaty country ownership and controlling interest in the enterprise. Articles of Incorporation, Secretary of State certificates, Minutes of Board of Directors’ meetings showing who the officers are and the distribution of capital, and other documents of this nature may be included.

Tab F

Evidence of substantial trade as defined by 9 FAM 41.51 N6

Tab G

Evidence that trade is principally between the US and the treaty country. US Customs invoices and/or purchase receipts may be submitted here.

Tab H

Applicant’s résumé and, if an essential employee, evidence that employee has essential skills that the enterprise urgently needs, as well as the projected duration of this essentiality. You should include copies of relevant diplomas, job training certificates or letters from previous employers in this section. Please include an organizational chart. You may also wish to explain why the enterprise was unable to find a qualified US citizen or Legal Permanent Resident to fill the position.

Tab I

G-28 “Notice of Entry of Appearance as Attorney or Representative” (as appropriate), including contact e-mail address and phone number.

All written material should be submitted by mail (courier service preferred) to: