The E1 visa, also known as the Treaty Trader visa, is a non-immigrant visa for nationals of countries that have a treaty of commerce and navigation with the United States. As the UK is a treaty country, British citizens may be eligible to apply if they are entering the US to engage in substantial international trade.
The E1 visa is designed for business owners, executives, and key employees who need to live and work in the US to carry out or oversee trade between the United States and their home country. It can be an attractive option for UK businesses that rely heavily on international trading relationships with US companies.
What this article is about:
This article provides a detailed overview of the E1 visa for UK citizens. It explains what the E1 visa is, who can qualify, the application process, and the conditions of living and working in the US under this visa. It also covers key compliance requirements, renewal options, and rights of dependants. The purpose is to give employers, entrepreneurs, and applicants a clear, authoritative understanding of how the E1 visa works and what to expect.
Section A: Understanding the E1 Visa
The E1 Treaty Trader visa is a US non-immigrant category that allows nationals of treaty countries, such as the UK, to enter the United States for the purpose of engaging in substantial trade. Unlike immigrant visas that provide a pathway to permanent residence, the E1 is a temporary status tied to ongoing, qualifying trade activities.
1. What is the E1 visa?
The E1 visa enables qualifying individuals to live in the US while conducting or overseeing international trade. Trade must be substantial and conducted principally between the US and the applicant’s treaty country. The route commonly supports business owners, executives, and employees with essential skills who are critical to the trading enterprise’s US operations.
2. Treaty Trader agreements between the UK and the US
The UK and the US are parties to a treaty of commerce and navigation that underpins the E1 route. This treaty framework allows UK nationals to qualify where their business carries on substantial trade between the two countries, enabling a commercial presence in the US without conferring permanent immigration status.
3. Activities permitted under the E1 visa
- Exchange of goods, services, or technology between the US and the UK
- Negotiation and execution of trade contracts
- Supervision of trade-related staff and operations
- Business travel within and outside the US related to treaty trade
The visa is not intended for general employment outside the qualifying trade enterprise or role.
4. Duration of stay and renewal options
For UK nationals, E1 visas are typically issued with validity of up to five years. Admission to the US is normally granted for two years per entry by Customs and Border Protection. These are separate concepts: a visa is a travel document permitting you to request entry, while the period of stay is the authorised time you may remain in the US. Extensions of stay are available in two‑year increments, provided the trade continues to meet E1 requirements. There is no fixed maximum number of extensions, but status remains temporary and does not in itself lead to permanent residence.
Section Summary: The E1 visa provides a dedicated, renewable route for UK citizens engaged in substantial, principal trade with the United States. It supports owners and key staff of trading enterprises, permits a wide range of trade-related activities, and offers flexible admission and extension mechanisms while remaining a non-immigrant status.
Section B: Eligibility Requirements
To qualify for an E1 Treaty Trader visa, UK applicants must meet strict eligibility rules set by US immigration authorities. These ensure that the visa is only granted to individuals and businesses genuinely engaged in sustained international trade between the UK and the United States.
1. Nationality requirement for UK citizens
The applicant must be a UK citizen, as the E1 visa is restricted to nationals of treaty countries. Where the applicant is applying as an employee, they must share the nationality of the treaty trader business. For example, a US enterprise majority-owned by UK nationals may employ UK citizens under the E1 visa, provided the business meets the qualifying trade test.
2. Definition of ‘substantial trade’ and ‘principal trade’
Substantial trade refers to a continuous flow of sizeable transactions over time. There is no set financial threshold, but the trade must be of sufficient volume and frequency to demonstrate viability and sustain the trader and dependants.
Principal trade requires that more than 50% of the applicant’s or company’s international trade is conducted between the US and the UK.
3. Types of trade recognised (goods, services, technology)
Qualifying trade is not limited to physical goods. Examples include:
- Services such as consultancy, financial, legal, or engineering contracts
- Technology transfer, licensing agreements, and software distribution
- International exchanges in banking, tourism, communications, and transport
The key requirement is that the trade must involve cross-border exchange between the US and the UK.
4. Employer vs self-employment eligibility
Applicants may qualify either as self-employed business owners or as employees of a qualifying UK-owned enterprise. Where applying as an employee, the applicant must demonstrate that their role is executive, supervisory, or requires specialist skills essential to the US operations of the trading business. Ordinary skilled or unskilled workers do not qualify under the E1 route.
Section Summary: Eligibility for the E1 visa is based on nationality, the focus and volume of trade, and the applicant’s role. UK citizens must show that their business conducts principal trade with the US and that the applicant is either a principal trader or an essential employee of the enterprise.
Section C: Application Process
The E1 visa application requires careful preparation and detailed supporting evidence. For UK citizens, applications are handled by the US Embassy in London, with forms submitted online and supporting documentation reviewed at the visa interview.
1. Preparing evidence of trade activities
Applicants must demonstrate that trade between the UK and the US is substantial and ongoing. Evidence may include:
- Contracts and invoices with US clients or suppliers
- Shipping records and bills of lading
- Bank statements evidencing international trade payments
- Business plans and financial statements projecting continued trade
The evidence must show that trade is central to the business and not incidental or speculative.
2. Completing the DS-160 and DS-156E forms
Applicants must complete the DS-160 (Online Non-Immigrant Visa Application) and the DS-156E (Nonimmigrant Treaty Trader/Investor Application) forms. These capture personal data, company ownership, and details of qualifying trade. Accuracy and consistency are vital, as errors or discrepancies may cause delay or refusal.
3. Visa interview at the US Embassy in London
Following form submission, the applicant books an interview at the US Embassy in London. A consular officer will assess eligibility, review documentation, and ask questions about the trade, the applicant’s role, and the company’s US operations. Additional evidence may be requested before a decision is made.
4. Key documents required for submission
Supporting documentation typically includes:
- Valid UK passport
- DS-160 confirmation page and DS-156E form
- Company registration and ownership documents
- Proof of UK nationality of the business and owners
- Trade contracts, invoices, and shipping records
- Employee contracts and job descriptions (for employee applicants)
- Evidence showing substantial and principal trade with the US
5. Typical processing times and fees
Processing times generally range from several weeks after the interview, though delays may occur if further checks are required. UK citizens must pay the standard MRV application fee of $315. No reciprocity fee applies to UK applicants.
Section Summary: The application process requires robust evidence of trade, accurate completion of the DS-160 and DS-156E forms, and an interview at the US Embassy in London. With full preparation, UK applicants can usually expect a decision within weeks, although timescales vary depending on case complexity.
Section D: Living and Working in the US under the E1 Visa
Once approved, the E1 visa allows UK citizens to live and work in the United States for the purpose of carrying on treaty trade. While it offers flexibility and family benefits, it also comes with restrictions that applicants must understand.
1. Work rights and business activities
E1 visa holders are permitted to work only for the specific business that qualified them for the visa. If self-employed, this means they may only work for their own treaty trading enterprise. If employed, they must remain in the approved role within the qualifying business unless US immigration authorities approve a material change.
2. Bringing family members (spouses and children)
E1 visa holders may bring their spouse and unmarried children under 21 as dependants. Dependants are granted derivative E1 status for the same duration as the principal visa holder.
3. Right to study and work for dependants
Spouses of E1 visa holders are regarded as work-authorised incident to status and may take employment in the US without applying for a separate employment authorisation document. Children may attend school or university but are not permitted to work.
4. Travel rights and re-entry conditions
The E1 visa is a multiple-entry visa. Holders can travel freely in and out of the US during its validity. Each time the holder enters the US, Customs and Border Protection generally admits them for two years. Importantly, a valid period of authorised stay may extend beyond the visa’s expiration date, but the individual cannot re-enter without a valid visa stamp.
5. Limitations and restrictions on the E1 visa
- The visa does not directly lead to a Green Card or permanent residence
- Employment is restricted to the treaty trading enterprise
- Children lose dependent status upon turning 21 and must seek their own visa
- Compliance with treaty trader requirements is mandatory at all times
Section Summary: The E1 visa provides UK citizens and their families with rights to live in the US, undertake treaty trade, and enjoy work authorisation for spouses. However, it remains a temporary, non-immigrant status with no direct pathway to permanent residence and strict conditions attached.
FAQs
How long does it take to get an E1 visa from the UK?
Processing usually takes several weeks after the visa interview at the US Embassy in London. Timelines may extend if the consular officer requests additional documentation or further checks.
Can my spouse work in the US under my E1 visa?
Yes. Spouses of E1 visa holders are considered work-authorised incident to status and can work in the US without needing a separate employment authorisation document. They may work for any employer.
What qualifies as ‘substantial trade’?
Substantial trade refers to a continuous flow of sizeable international transactions over time. While no fixed minimum exists, the trade must be sufficient in volume and frequency to support the business and demonstrate its ongoing viability.
Can I switch from an E1 visa to a Green Card?
The E1 visa does not directly lead to a Green Card. However, some E1 holders may later qualify for immigrant visa categories such as employment-based sponsorship or family immigration if they meet the requirements.
What is the difference between an E1 and an E2 visa?
The E1 visa is for treaty traders engaged in substantial trade between the US and their treaty country. The E2 visa, by contrast, is for treaty investors who make a substantial investment in a US business. Both are temporary, non-immigrant visas, but serve different purposes.
Conclusion
The E1 Treaty Trader route offers UK citizens a practical way to live and work in the United States while conducting international trade. Founded on the US–UK treaty of commerce, it supports business owners and essential employees to manage and expand trading relationships with US partners.
While the category provides renewable periods of stay and dependent benefits—most notably work authorisation for spouses—it remains a temporary status. Applicants must evidence substantial, principal trade between the UK and the US, maintain compliance throughout their stay, and consider alternative immigration routes if their objective is permanent residence.
Successful outcomes depend on rigorous preparation: coherent evidence of trade, accurate forms, and clear articulation of the role and business need at interview. Where facts are complex or growth plans are ambitious, professional advice can help align the application with E1 criteria and ongoing compliance expectations.
Glossary
| Term | Meaning |
|---|---|
| E1 Visa | US non-immigrant category allowing nationals of treaty countries, including the UK, to live and work in the US to conduct substantial trade. |
| Treaty Trader | An individual or qualifying enterprise engaged in substantial trade principally between the US and a treaty country. |
| Substantial Trade | Continuous flow of sizeable transactions over time; assessed by volume and frequency rather than a fixed monetary minimum. |
| Principal Trade | More than 50% of the enterprise’s international trade is between the US and the treaty country (e.g., the UK). |
| DS-160 | Online Non-Immigrant Visa Application completed by all E1 applicants. |
| DS-156E | Supplemental form for E1 principal applicants and employees with details of ownership, operations, and qualifying trade. |
| MRV Fee | Machine-Readable Visa application fee (currently $315) payable for non-immigrant visas, including E1. |
| Reciprocity Fee | An additional fee sometimes charged based on nationality; not currently applicable to UK E1 applicants. |
| Visa Validity vs Admission Period | Visa validity is the timeframe to seek entry; admission period (I-94) is the authorised stay granted at the border (typically 2 years per E1 entry). |
| CBP | US Customs and Border Protection, which inspects entrants and determines admission periods. |
| Derivative E1 Status | Status granted to dependants (spouse and unmarried children under 21) of the E1 principal. |
| Work‑Authorised Incident to Status | Spouses in E1 derivative status may work in the US without a separate employment authorisation document. |
Useful Links
| Resource | Link |
|---|---|
| US Embassy London – Visas | https://www.gov.uk/uk-border-control |
| US Department of State – Treaty Trader (E1) Visa | https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-investor-visa.html |
| US Embassy London – Visa Appointment System | https://ais.usvisa-info.com/en-gb/niv |
| NNU Immigration – E1 Visa | https://www.nnuimmigration.com/e1-visa/ |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
