E-1 Treaty Trader Visa: Who Qualifies and How to Apply
E-1 treaty trader visa for companies already trading goods or services between their treaty country and the U.S.: the tests, evidence and 2026 fees.
The short answer
The E-1 visa is for a treaty national, or an employee of a treaty-national company, coming to carry on substantial trade that already exists. More than 50% of the trader's international trade must be between the U.S. and the treaty country. There is no minimum dollar volume. Turkey's E-1 treaty has been in force since 15 February 1933. The visa fee is $315, and each admission lasts up to 2 years.
At a glance
- Trade must already exist: you cannot use E-1 to look for buyers or suppliers.
- Trade means an exchange of goods, services, money or technology between the two countries, with title passing from one party to the other.
- Substantial means a continuous flow of numerous transactions over time; there is no fixed minimum value.
- The company must be at least 50% owned by treaty nationals, and E-1 employees must share that nationality.
E-1 or E-2?
Both are treaty visas with the same 2-year admission periods and the same family rules. They test different things.
| Point | E-1 treaty trader | E-2 treaty investor |
|---|---|---|
| Core test | Existing, substantial trade between the U.S. and the treaty country | A substantial, at-risk investment in a U.S. business |
| Key number | Over 50% of the trader's international trade is with the U.S. | At least 50% ownership or operational control |
| Turkey in force since | 15 February 1933 | 18 May 1990 |
| Typical applicant | Exporter, importer or service firm already trading with U.S. clients | Founder or buyer of a U.S. business |
What counts as trade
9 FAM 402.9-5(B) sets three requirements: there must be an exchange, it must be international, and it must involve qualifying items. Title to the goods, or the benefit of the service, must pass from one party to the other, and the exchange must be traceable.
- Goods and merchandise shipped between Turkey and the U.S.
- Services sold as the business's product, such as engineering, software development, consulting, logistics, tourism or insurance.
- International banking, transportation and communications.
- Technology and its transfer.
Substantial and principal trade
Domestic sales inside the U.S. do not count as E-1 trade. Proceeds of U.S. services that are simply parked in a Turkish bank account do not show a meaningful exchange if they support no business activity in Turkey.
Substantial describes the flow, not a single deal. The FAM tells officers to focus on the volume of transactions and to give more weight to numerous transactions of larger value. A smaller business can qualify with many modest transactions, and income from the trade that supports the trader and family counts in its favour.
Principal trade means more than 50% of the trader's total international trade is between the U.S. and the treaty country. The rest can be trade with other countries or domestic trade.
Who is measured matters. A branch is part of its parent, so the whole company's trade is counted. A U.S. subsidiary is a separate legal person, so its own trade is counted.
Owners, employees and family
- The trader may be a person or a company. A company takes the nationality of its owners, and at least 50% must be treaty nationals.
- Owners who hold U.S. green cards do not count toward that 50%.
- Employees must have the company's treaty nationality and work in an executive or supervisory role, or have special qualifications essential to the business. Knowledge of a foreign language and culture alone is not enough.
- Spouses and unmarried children under 21 can accompany the trader, whatever their nationality. Spouses in E-1 status may work; an unexpired I-94 showing E-1S is accepted proof.
Applying from Turkey
- Complete Form DS-160 for each applicant and pay the $315 visa fee per person.
- Complete Form DS-156E for the principal applicant; 9 FAM 402.9-5 requires it of every E-1 principal.
- Book the appointment. The E visa unit at the U.S. Consulate General in Istanbul then contacts you with instructions.
- When the unit asks, send the package in 7 tabs as searchable PDFs of up to 15 MB each.
- For the trade evidence (Tab F), include an itemised list of all shipments from the last 24 months, with dates, country of origin and values. If you made more than 15 shipments a year, a sample may be enough; if 15 or fewer, include evidence for every one.
Each shipment file should hold the sales and purchase invoices with proof of payment, packing lists, bills of lading or air waybills, shipping invoices, U.S. customs entry forms and the matching company bank statements.
Applying from inside the U.S.
A treaty trader in lawful nonimmigrant status can ask USCIS to change status on Form I-129; an employer files it for an employee. USCIS cannot take an E-1 request on Form I-129 from someone outside the U.S.
Premium processing brings an approval, denial or request for evidence within 15 business days. A change of status does not give you a visa: to travel and come back, you still need an E-1 visa from a consulate.
Government costs (16 October 2026)
| Item | Amount |
|---|---|
| E visa application (MRV) fee, per applicant | $315 |
| Form I-129 for E-1 or E-2 status, 1 to 25 named beneficiaries | $1,015; $510 for small employers (25 or fewer full-time-equivalent employees) and nonprofits |
| Asylum Program Fee, paid with Form I-129 | $600; $300 for small employers; $0 for nonprofits |
| Premium processing (Form I-907) for an E petition | $2,965 |
| Form I-539 for family members already in the U.S. | $470 |
Common problems
- Trade that has not started yet, or one large contract instead of a continuous flow.
- Trade with third countries that outweighs trade with the U.S., so the 50% test fails.
- Measuring the wrong entity: a branch's trade is the parent's trade.
- Gaps between invoices, shipping documents and bank statements.
- An employee whose role is neither executive, supervisory nor essential.
- A merger, sale or similar change without a new Form I-129.
When E-1 is not the right route
- You are investing in a U.S. business rather than trading: see E-2 for Turkish investors.
- You are setting up a U.S. subsidiary to which a manager will transfer: see L-1.
- You first need the U.S. company itself: see U.S. company formation.
Who handles this
Nora Busra Turan
Partner · Attorney
Beyza Candelen
Attorney
E-1 visa: questions people ask
e1 visa requirements
E-1 visa requirements: you are a national of a treaty country, the company is at least 50% owned by treaty nationals, and its substantial trade already exists, with over 50% of its international trade between the U.S. and that country. There is no minimum dollar volume. An attorney reviews whether your trade meets the test.
e1 visa cost
The E-1 visa application fee is $315 per applicant (checked 16 October 2026; 22 CFR 22.1). A change of status inside the U.S. uses Form I-129, which costs $1,015, or $510 for small employers, plus an Asylum Program Fee. Merit Law LLP in Houston quotes attorney fees separately after a first conversation.
e1 visa countries
E-1 visa countries are those with a qualifying trade treaty with the U.S., listed in 9 FAM 402.9. Turkey has been an E-1 treaty country since 15 February 1933. You must hold the nationality of a treaty country, and so must the trading company. Check the State Department list for your country.
e1 visa employee requirements
E-1 visa employee requirements: the employee must have the company's treaty nationality and work in an executive or supervisory role, or have special qualifications essential to the business. Knowing a foreign language and culture alone is not enough (9 FAM 402.9). An attorney reviews the job duties and nationality.
e1 visa to green card
E-1 status does not itself lead to a green card. It is a temporary nonimmigrant status for existing trade, and each admission lasts up to 2 years. A green card needs a separate immigrant petition in another category. Merit Law LLP in Houston can review which route fits your situation.
how long does e1 visa last
Each E-1 admission is up to 2 years, with extensions of up to 2 years and no fixed overall limit. The visa's validity in your passport follows the State Department's reciprocity schedule for your nationality. Family members do not get a new period unless they travel with you. An attorney checks your dates.
Sources and review date
Fees and rules reviewed 16 Oct 2026. Sources below.
- 9 FAM 402.9: Treaty traders, investors and the treaty country list (CT:VISA-2190, 17 Feb 2026)
- USCIS: E-1 Treaty Traders
- U.S. Embassy in Türkiye: Treaty Trader / Treaty Investor Visa
- 22 CFR 22.1: Schedule of consular fees
- 8 CFR 106.2: USCIS fees
- 8 CFR 106.4: Premium processing fees and timeframes
- 8 CFR 106.1: Small employer definition and online filing discount
- USCIS: How do I request premium processing? (reviewed 23 Mar 2026)
What changed: two older posts (July 2024 and July 2025) merged and rewritten with the 9 FAM tests, the Istanbul trade-evidence rules and 2026 fees.
More in Investor visas
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Notes
- Source: 9 FAM 402.9-5, 402.9-6 and 402.9-10. For the investment route, see E-2 for Turkish investors. ↑
- Sources: 22 CFR 22.1 item 21(c); 8 CFR 106.2 and 106.4. Where USCIS allows online filing, the fee is $50 lower (8 CFR 106.1(g)). Some nationalities also pay a visa issuance (reciprocity) fee. Attorney fees are quoted after a first conversation. ↑