E-1 Treaty Trader

Requirements

• You're a treaty national, and the business is at least 50% owned by treaty nationals.
• Trade must be substantial: a steady flow of many deals, with no set dollar minimum.
• Over 50% of the business's international trade must be between the U.S. and the treaty country.
• Trade can be goods, services, banking, insurance, transport, tourism or technology.
• Employees need the same nationality and an executive, supervisory or essential-skills role.

How long you can stay

Up to 2 years per admission. Extensions come in up to 2-year steps, with no limit on how many. You must intend to leave when status ends.

Timeline

Most Koreans apply for the visa at the U.S. Embassy in Seoul; USCIS can't take E requests from people outside the U.S. Inside the U.S., regular I-129 processing for E takes about 20 months (80% of cases). Many use premium processing (15 business days). Check current times.

Government fees

Abroad, the main government fee is the $315 visa fee per person. USCIS fees apply only if you change or extend status inside the U.S.

Typical attorney fees

A lawyer-bid marketplace reports an average flat-fee bid near $5,330 for E-1, based on only 7 bids. Complex trade records can cost more.

Spouse & children

Spouse and unmarried children under 21 can get E-1 dependent status, of any nationality. Spouses with an E-1S I-94 can work incident to status; an EAD is optional.

Work

You may work only in the approved activity for the treaty business, which can be your own. Big changes like a merger or sale need a new I-129 approval.

Path to a green card

E-1 has no built-in green card path, and you must intend to leave. People often explore EB-1C, EB-2/EB-3 or EB-5; ask a lawyer about timing.

Note for Korean applicants

South Korea has been an E-1 treaty country since Nov 7, 1957. Korean E-1 visas carry no reciprocity issuance fee and allow multiple entries for up to 60 months. Apply at the U.S. Embassy in Seoul.

Key documents

• Korean passport and proof of the company's Korean ownership
• Trade records: invoices, contracts, bills of lading, customs papers
• Breakdown showing over half of international trade is U.S.–Korea
• Company financial statements and tax returns
• Letter describing your role and qualifications

Common pitfalls

• One big deal doesn't count; officers look for many ongoing transactions.
• If most trade is with other countries, E-1 doesn't fit; people often explore E-2.
• A merger, sale or other major change needs a new I-129 approval.
• Family members' stay isn't reset when the principal re-enters alone; extend in time.
• After a job loss, the 60-day grace period is short, and a proposal would remove it.

Rules in flux

Official sources

• E-1 Treaty Traders — USCIS
• 9 FAM 402.9 — Treaty Traders, Investors, and Specialty Occupations (E Visas) — U.S. Department of State
• 8 CFR 214.2 — Special requirements for admission, extension, and maintenance of status (current text; includes the postponed F/J rule) — eCFR
• Fee Schedule (Form G-1055), edition 09/09/26 — USCIS
• 22 CFR 22.1 — Schedule of fees for consular services — eCFR
• U.S. Visa: Reciprocity and Civil Documents by Country — South Korea — U.S. Department of State
• Fees for Visa Services — U.S. Department of State
• Check Case Processing Times — USCIS
• How Do I Request Premium Processing? — USCIS
• 8 CFR 274a.12 — Classes of aliens authorized to accept employment — eCFR

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