Expanding Your Business to the US in 2025: e1 Visa For Foreign Enterprises

Apr 15 2025

Most foreign enterprises believe that tapping into the US market will increase their revenue and give them a strong market presence, which is why they capitalize on the opportunity an E1 visa gives them to do so.

Global businesses believe that with the E1 visa, they can enter the US and take advantage of the top skilled workforce, legal and financial infrastructure and the growth opportunities that businesses operating in the US enjoy.

The E1 visa is also known as the Treaty Trader visa because it is only available to countries that the US has signed a treaty of commerce and navigation. Citizens of such countries can enter the US using that visa to engage in substantial trade with the US.

If there is a company that engages in trade between the US and the foreign worker’s home country, then the foreign worker can come through this visa to work for that company.

It is important to know that the E1 visa is a non-immigrant visa meaning that E1 visa holders can only enter the US for the purpose of trade and business, and nothing else. Hence, it is important to understand the requirements of the E1 visa and how to apply for it.

This article will prepare you on the documents and requirements you need to have to be eligible, how to apply and the benefits you will gain by expanding your business to the US through this visa.

Expanding Your Business to the US in 2025: E1 Visa For Foreign Enterprises

After the US made trade agreements with other countries, they created the E1 visa that facilitates trade between them and those countries. Those eligible to apply for this visa must be citizens of any of those countries who wishes to engage in ‘substantial’ or ‘principal’ trade.

Substantial trade in this context means that the volume of international trade between the US and the treaty country must be reasonable and continuous (i.e., a substantial portion of more than 50%), with the trade being the primary activity of the trading firm.

Principal trade, on the other hand, looks at the major areas where reduced barriers or preferential treatment are applied. Good examples include: Free Trade Agreement (FTA), Most Favoured Nation (MFN) Status, Quotas and Tariff Reductions.

So, what do foreign enterprises who are into substantial and principal trade with the US stand to gain from obtaining an E1 visa?

E1 Visa Explained: Benefits For Foreign Enterprises Expanding to the US

What are the benefits of the E1 visa for international trade-focused businesses?

Firstly, during the visa validity (mostly two years), the visa holder can freely move in and out of the US. If the visa expires after the initial two years, it can be extended indefinitely as long as the holder keeps running sustainable business operations with the US.

Secondly, visa holders can travel with their dependent spouses and children (under the age of 21) who may also qualify for their own visas.

Thirdly, it is cost effective and faster because the USCIS and its associated filing fees are bypassed, and the consular officials handle the visa processing.

Fourthly, it offers business flexibility because the E1 visa does not require a physical office or mailing address within the US, or significant investment in the US, rather they focus on the benefits of past trade between the treaty country and the US.

Continuously, companies can easily send their major stakeholders in a company to the US to handle trade operations and agreements for them through the E1 visa.

Requirements for Obtaining an E1 Visa to Expand Your Enterprise to the US

What are the legal requirements for foreign businesses using the E1 visa to expand to the US?

To get the E1 visa as a foreign enterprise, you must prove the following:

  • That you are the principal owner (at least 50%) of the business in your home country.
  • That your business is engaged in substantial and principal trade with the US.
  • That you are a citizen of one of the countries that has a treaty of commerce with the US.
  • That 50% or more of your business trading transactions are between the US and your country.
  • That you have a detailed business plan that shows your trading relationship with the US.
  • That the trade agreement between your home country and the US is sizeable and continuous.
  • That you occupy a top position as an executive, supervisor or skilled personnel in the parent company.
  • That you are willing and able to pay the Machine Readable Visa (MRV) fee.
  • Attend a visa interview.

How to Expand Your Business to the US With An E1 Visa in 2025

This is a step-by-step application process for the E1 visa in 2025:

  1. Ensure you are eligible (you can read through the eligibility criteria above).
  2. Submit the required supporting documents.
  3. Complete the online application form (Form DS-160) with your personal information and travel itineraries.
  4. Pay the visa fee.
  5. Schedule your interview.
  6. Prepare for the interview.
  7. Present your case. Such as your role, the treaty relationship between your home country and the US, and the substantial trade.
  8. Wait to receive a decision.

The supporting documents you will be required to submit are:

  1. A valid passport.
  2. The DS-160.
  3. Passport photographs.
  4. Proof of trade.
  5. Business plan.
  6. Evidence of substantial trade between your country and the US, which should date back to at least a year.
  7. Financial documents such as latest bank statements showing your balance, funding source documentation, and wire transfer receipts.
  8. Receipt of visa fee payment.
  9. Cover letter.
  10. Evidence of business ownership - could be business registration documents, partnership or joint venture agreement, or stock or share certificates depending on your business structure.
  11. Corporate documents, lease agreements and business licenses.
  12. Resume/CV of the principal applicant.
  13. Real estate deeds - for businesses that own a property in the US.
  14. Employee payroll paperwork and company tax returns.
  15. Photographs of your business (optional).

A business plan is important because having a well-crafted plan will prove how legitimate and financially strong your business is. It also shows the substantial trade you have with the US which will show the immigration authority that you have serious intentions.

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