E-1 Trader Visa

The E-1 Business Visa is the most recommended visa for marketing products or services in the U.S., allowing both company shareholders, executives, managers or specialists, and family members of companies who are transferred to the U.S. and those visiting the U.S. for specific work reasons to reside and work in the U.S.

E-1 Visa

  1. Introduction to the E-1 Trader Visa
  2. E-1 Trader Visa Requirements
  3. Where is the best place to apply for an E-1 Trader Visa?
  4. Processing an E-1 Trader Visa at the U.S. Embassy in Madrid
  5. Difference between the process at the USCIS and at the Consular Section
  6. Family members and companions
  7. Application for Permanent Residence (“GREEN CARD”)
  8. Citizenship Application
  9. Is a lawyer necessary to process an E-1 Visa?
  10. How do we provide our services in E-1 Visa procedures?
  11. FAQ (Frequently Asked Questions) E-1 Visas for the U.S.

Introduction to the E-1 Trader Visa

Section 101(a)(15)(E) of the Immigration and Nationality Act (Immigration and Naturalization Act, INA) regulates the E-1 Trader Visa for anyone who holds the nationality of the countries that have a Treaty of Commerce and Navigation with the United States and who establishes himself in the United States, in order to develop and/or direct operations of a company, which carries out trader/service activities between Spain and the United States in a substantial and continuous manner.

The E-1 Trader Visa is the most recommended visa for marketing Spanish products or services in the U.S., allowing investors, executives, managers, key or training personnel, and family members of companies transferred to the U.S. to reside and work in the U.S.

The Treaty of Commerce and Navigation countries whose nationals are eligible for an E-1 Trader Visa with the United States are those published by the Department of State .

The process of applying for and obtaining an E-1 Trader Visa is complex, as detailed below, and requires the establishment of a U.S. business that meets the requirements outlined below.

The E-1 Trader Visa is considered the best visa for conducting business activities in the United States for two basic reasons: it is valid for five years, with successive renewals for five years, and is awarded to a wide variety of foreign personnel categories.

E-1 Trader Visa Requirements

1. Nationality Requirements

In the company for which the E-1 Visa is being requested, 50% or more of the company’s ultimate shareholders must have the Nationality of a Treaty country and this must be the same as the Nationality of the Visa Beneficiary.

2. Requirements for Beneficiary

Supervisory staff, executive staff, specialists, and local employee training staff who will be employed by the company in the United States are eligible for an E-1 visa. Shareholders/owners or executives of the company may also obtain an E – 1 visa to periodically travel to supervise the company’s activities without becoming a permanent employee of the company in the United States.

  • What is considered Executive or Supervisory Personnel?
    Personnel who perform a primary and principal function, rather than an incidental or collateral function. The position primarily requires developing management or control powers that entail key responsibility for a large portion of a company’s operations, with a number of employees supervised and a corresponding salary level.
  • What is considered Specialist Personnel?
    Personnel who possess specialized skills essential to the business’s operations. That is, they have technical knowledge, experience, or specific training relevant to the company’s operations in the United States and who are not available in the U.S. labor market.
  • What is considered Training Personnel?
    Personnel transferred to the United States to train or provide specific training to local staff, whether for businesses establishing themselves in the United States for the first time or for those already established and seeking to develop new business areas.

3. Trader Requirements

  • Trader between Spain and the United States:
    The company in the United States for which the E-1 Trader Visa is being requested must conduct trader, which also includes services, primarily between the United States and the Treaty country. This means that more than 50% of the trader conducted must be between the United States and the Treaty country, in this case, Spain.
  • What activities are considered “Trader”?
    – Goods : Includes physical products such as merchandise, raw materials, manufactured goods, etc.
    – Services: May include financial, tourism, consulting, transportation, insurance, telecommunications, etc.
    – Technology: Technology transfers or licenses related to international trader may also qualify.
  • Substantial Trader
    The volume of trader must be significant, implying a continuous and considerable flow of international commercial transactions.
     
    The regulations do not establish a minimum, but it must be demonstrated that the commercial activity is sufficient to justify the visa beneficiary’s presence in the United States.
  • Continuous Trading
    Trading should be a continuous process, not a single event. This involves multiple trading transactions over time, not just a single transaction.

Where is the best place to apply for an E-1 Trader Visa?

E-1 Trader Visas are typically processed at the Consular Section of the United States Embassy in the visa applicant’s country of nationality or residence.

The fact that embassies generally speak both the official languages of the country in which they are located—in this case, Spanish—and the English of the United States makes Madrid an attractive location for submitting documents in both languages. Furthermore, visa interviews can be conducted in English and Spanish , which is beneficial for citizens of Spanish-speaking countries.

Additionally, in Madrid, a digital processing process is followed with very reasonable wait times —both for new company applications, for the incorporation of additional personnel in companies in the United States, and for visa renewals—compared to other U.S. Consulates in other countries.

The Consular Section in Madrid offers E-1 visa renewals without a Consular Interview (“Interview Waiver “).

Processing an E-1 Trader Visa at the U.S. Embassy in Madrid

E-1 visa processing procedures follow the guidelines established by the Department of State, but each Consular Section may specify its own formalities. The Consular Section of the U.S. Embassy in Madrid follows the following process, and we offer recommendations that may help achieve a successful outcome:

1. Complete Form DS-160 from the United States Department of State .

This form is required for all principal applicants and their family members: spouse and children under 21 years of age. https://ceac.state.gov/ceac/

2. Pay the Visa Application Fee (MRV) .

To do this, an account is created on the website ( https://ais.usvisa-info.com/es-es/niv ). All members of the family unit must be added, and the fee of $315 is paid for each family member.

3. Complete Form DS-156E (Treaty Trader/Investor Application) from the Immigration and Customs Enforcement Administration (USCIS)/Department of State.

This DS-156-E form is required only for the primary applicant in each household.

4. Supporting documentation required by the Consular Section of Madrid.

Creation of an E-1 Visa File that must include a cover letter with the description of the company, the nature of the business and compliance with the requirements for granting the E-1 Visa, and must be accompanied by supporting documentation as evidence of compliance with the requirements as established in Foreign Affairs Manual (9 FAM 402.9).

It’s important to have a specialized and well-trained team for creating an E-1 Trader Visa application, a process that requires precision, experience, and a comprehensive approach.

WARNING

The Consular Section of the U.S. Embassy in Madrid announces on its E-1 Visa processing website that submitting false or misleading documentation will result in permanent ineligibility for a U.S. visa.

5. Submit the application .

Send your application by email to evisasmadrid@state.gov following the instructions provided by the Consular Section of the U.S. Embassy in Madrid. https://es.usembassy.gov/visas/treaty-trader-investor-visas/

6. Prior review of documentation .

The Consular Section will review the documentation within 6 to 8 weeks for new company applications, and within 2 to 3 weeks for companies that have been granted an E-1 visa within the last 5 years and need to renew a visa or apply for a visa for an additional employee in the United States.

7. Schedule a Consular Interview .

Once the Consular Section confirms that the documentation is complete, the scheduling of a Consular Interview will be authorized through the website https://ais.usvisa-info.com/es-es/niv

An urgent appointment or emergency interview may be requested, but the need for it must be justified (for example, death or serious illness of a family member or urgent medical treatment in the United States).

The Consular Section in Madrid allows the renewal of E-1 visas without a consular interview (“Interview Waiver ”).

8. Consular Interview .

You should attend the Consular Interview with only the following documentation:

  • Printed copy of the E-1 Visa File provided by the Attorney.
  • Valid passport with a validity of at least 6 months.
  • One photo per person (5×5 cm, white background, without glasses, taken within the last 6 months).
  • Confirmation of Consular Appointment. de la Cita Consular.

Large bags, backpacks, computers, cameras, and electronic devices are not permitted in the Embassy, nor are they permitted to be stored or kept in safekeeping.

For E-1 visa renewal processes without an interview, the required documentation must be sent to the Consular Section. Consult with the attorney responsible for the process for the fastest and most secure submission options in Spain.

In Spain, all legal documentation sent by a lawyer is protected by Professional Secrecy and Confidentiality.

9. Visa Approval .

If the Consular Officer approves the E-1 Visa application, it will generally be valid for a period of 5 years.

The Consular Section will retain your passport for 3 to 5 business days to issue your E-1 visa. It will then be sent to the location you selected when scheduling your Consular Interview.

If the E-1 Visa is approved, an Issuance Fee of $325 – also called Reciprocity Fee – must be paid.

If additional documentation is required or the E-1 visa application is denied, the Consular Officer will inform you of the process to follow.

10. Entry and Admission to the United States .

Upon arriving in the United States, either through the airport or border, and passing through the official control of the Customs and Border Protection Office (CBP), the CBP Officer will verify the E-1 Visa, and if he/she finds that everything is correct will grant a period of admission, generally up to 2 years per entry, although the E-1 Visa has a longer validity.

The admission period can be verified on the website https://i94.cbp.dhs.gov/home

Each time a person leaves and re-enters the United States, the CBP Officer will grant them a new two-year period of admission, and so on until the E-1 visa validity limit is reached.

If you are unable to leave the United States before the end of the two-year period of admission, you may request a two-year extension of the admission period from the United States Citizenship and Immigration Services (USCIS).

Want to know if the E-1 visa is the best option for establishing or expanding your business in the U.S.? Contact us and we’ll discuss your case.

CONTACT

Difference between the process at the USCIS and at the Consular Section

USCIS processing is a process typically used to change or extend immigration status to remain in the United States under the E-1 category without having to leave the country.

Applicants are typically individuals already in the United States with legal immigration status and wish to change to E-1 status or extend their E-1 status.

If the application is approved, the applicant will be permitted to work and reside in the United States under E-1 conditions, but this approval does not include the issuance of a physical visa in the passport.

On the first trip abroad, the applicant must apply for an E-1 visa in their country of residence or nationality, or in a country that allows processing for third-country nationals (TCN). The visa will be issued in their passport and will allow them to travel—to leave and enter the United States—without restrictions for the duration of the E-1 visa.

Therefore, processing at USCIS is only advisable in very specific cases, since it does not require issuing an E-1 visa, and the applicant and their family must apply for their E-1 visas at the appropriate Consular Section, thus doubling the time, resources, and costs.

Accompanying family members

family members of a principal applicant for an E-1 Trader Visa —spouse and children under the age of 21–may each apply for an E-1 Dependent Visa, which will be issued to them , upon documentary proof of family ties, for the same period of validity as the principal applicant’s E-1 Trader Visa.

The spouse of the principal applicant for an E-1 Trader Visa will receive an E-1 Dependent Visa that includes a Work Permit (“Employment Permit”) -EAD- that will allow you to legally work with any company in the United States.

The descendants of the principal applicant for an E-1 Trader Visa will receive E-1 Dependent Visas that will allow them to study, but not work, in the United States.

Application for Permanent Residence (“GREEN CARD”)

E-1 Trader Visa holders may apply to USCIS for Permanent Residence (“Green Card”) based on either personal (self-sponsored or company-sponsored applications. Each of these options has different types and requirements:

Personal Sponsorship:

EB-1 (Extraordinary Ability): Prove sustained recognition in your field (science, arts, education, business, athletics) with evidence such as awards, publications, prestigious memberships, or significant contributions.

EB-2 (NIW): Demonstrate that your work benefits the U.S. national interest (in areas such as health, technology, education) and that you are significantly above average in your field.

Company Sponsorship:

Immigrant Petition (Form I-140):

  • EB-1 (extraordinary abilities).
  • EB-2 (professionals with advanced degrees or exceptional ability).
  • EB-3 (skilled or unskilled workers).).

PERM Labor Certification:

The company applies for a PERM Labor Certification from the Department of Labor (DOL). It must demonstrate that there are no available or qualified U.S. workers for the position and that employment will not adversely affect local wages or working conditions. This includes a supervised recruitment process to test the labor market.

Once PERM is approved, the company files Form I-140 (Petition for Immigrant Worker) with USCIS for EB-1, EB-2, or EB-3.

Citizenship Application

To obtain U.S. citizenship through naturalization, you must follow these main steps:

Permanent Residence:

Be a legal permanent resident (have a Green Card) for at least 5 years if you are married to a citizen.

Eligibility Requirements:

  • Be over 18 years old.
  • Have good moral character.
  • Meet the continuous residence requirement (living in the U.S. for at least half of the required time) and physical presence (being physically in the country for a minimum cumulative period).
  • Reside for at least 3 months in the state or district where the application is submitted.

Is a lawyer necessary to process an E-1 Visa?

It’s not legally required, but it’s highly recommended. This is not only because is important to have extensive knowledge and experience in the regulations applicable to the E-1 Visa, but also because is necessary to have knowledge of relevant legal and tax areas that may directly affect the process.

Want to know if the E-1 visa is the best option for establishing or expanding your business in the U.S.? Contact us and we’ll discuss your case.

CONTACT

How do we provide our services for E-1 visa applications?

At Juris Magister Abogados, we have implemented a consolidated action plan for over 30 years, which has guaranteed success for both our firm and our clients, combining professional excellence with proven results.

  • Case analysis: Detailed initial evaluation of each case.
  • Case assignment : Appointment of an Attorney with a specialized support team.
  • Comprehensive consulting: Support from the firm and external collaborators for comprehensive advice .
  • Efficient procedures : Processing within reasonable timeframes with competitive fees.
  • Continuous support : Direct communication with the responsible lawyer and administrative support from the team
  • US Visas : Interview preparation, post-approval follow-up , and immigration and customs clearance assistance.
  • Post-service update : Information on corporate and tax legal obligations that may affect the issued visa and its renewal.

FAQ (Frequently Asked Questions)
E-1 Visas for the U.S.

All countries that have a Treaty of Commerce and Navigation with the U.S. that allows them to apply for this visa. Spain is one of the countries with this Treaty.

The E-1 Visa is available for:

  • Individual traders who are citizens of a treaty country.
  • Essential employees (managers, executives, or individuals with specialized skills) of a company that meets the treaty requirements.
  • The company must have the same nationality as the applicant (i.e., at least 50% of the ownership must belong to citizens of the treaty country).

At least 50% of the company’s ownership must be owned by citizens of the treaty country. For example, a Spanish company applying for an E-1 visa must be at least 50% owned by Spanish citizens.

The term “substantial trader” refers to a significant, continuous flow of goods, services, or technology between the treaty country (the applicant’s home country) and the U.S. There is no specific minimum dollar amount defined, but the trader must be substantial enough to justify the applicant’s presence in the U.S. to supervise or manage it.

No. The E-1 Visa applicant is the company itself.

Generally, E-1 visas are valid for 3 to 5 years and are renewable.

Yes. The spouse and children under 21 years of age are eligible. The spouse obtains a work permit to legally work in the U.S., while the children can study, but not work.

It is only possible to work for the company that sponsored the E-1 Visa.

Yes. It is possible to request a change of status to E-1 within the U.S. by submitting Form I-129 to USCIS, but this does not grant a visa. If approved, you will obtain E-1 status, but if you need to leave and re-enter the U.S., you must obtain an E-1 visa from a U.S. consulate.

If substantial trader declines or the business ceases to operate, the E-1 visa may not be renewed, and the holder could lose legal status in the U.S.

The holder would lose his or her legal status and would have to change status or leave the U.S. within 60 days.

The E-1 visa is a non-immigrant visa, so it does not lead directly to a green card . However, holders can explore other immigration avenues through immigrant visas such as EB-1, EB-2, and EB-5.

Training and Experience in International Law:

The training and experience in international law of an attorney specializing in E-1 visas is essential. It is important to remember, first of all, that E-1 visas are granted to citizens of countries with which the United States has signed a Treaty of Friendship, Commerce, and Navigation. In the case of Spain, this treaty dates back to July 3, 1902. Furthermore, and especially in the case of Spain, since this is a commercial visa, many trader/services considerations are regulated by regulations originating from European Union regulations and directives.
  
Knowledge of Corporate Laws Relating to the Parent Company:

Knowledge of the corporate regulations of the company owned by the company in the United States is essential for processing an E-1 Visa, since each country has different corporate models and in each case, it must be proven that the Final Beneficiaries possess the nationality of the Treaty country to successfully obtain an E- 1 Visa.


Each corporate model consists of specific documentation to evidence the status of Final Beneficiary, and in the case of Spain, both the regulations applicable to the different corporate models and those relating to the ownership of the Final Beneficiaries also have their origin in Regulations and Directives of the European Union.

Knowledge of Commercial Laws Relating to the Parent Company:

Knowledge of the commercial laws that affect commercial relations/services between Spain and the United States is crucial to successfully process an E-1 Trader Visa.

Many regulations applicable to trader between any member country of the European Union, and in this case, the United States, also have their origin in European Union regulations and directives.

Understanding the E-1 Trader Visa Regulatory Regulations:

Foreign Affairs Handbook The Federal Affairs Manual (FAM) regulates the E-1 Trader Visa. It is actually only a four-page publication. Our attorneys specialized in the subject matter have extensively developed, in their own articles and publications, not only the regulatory content of the FAM, but also the framework and scope of binding judicial and administrative decisions on this matter.
  
Experience with E-1 Visa Processing Procedures:

Hands-on experience with E-1 Trader Visas is arguably as important as, or even more so than, regulatory knowledge. While the Department of State establishes general procedures and guidelines for processing these visas, many Consular Sections of U.S. Embassies establish their own procedures that cater to specific circumstances involving legal and tax issues both in the United States and in the country where the consular mission is located.
  
Knowledge of United States Business Regulations:

Knowledge of United States corporate and business regulations is essential for successfully processing an E-1 Trader Visa.

Corporate and business regulations in the United States are state-based. Since there are 50 states, it is important to consider hiring attorneys specialized in the corporate and business regulations of the state in question. Specifically, the attorney must be authorized to practice law by the Bar Association in the state in question. A firm like Juris Magister Abogados, which has a significant team of attorneys both within our firm and with professional collaborations developed continuously over the years and strongly consolidated in the United States, undoubtedly represents a safe and experienced bet.

**Legal Warning**

The information provided above is of a general nature and is for informational purposes only. It does not constitute legal advice or replace consultation with a specialized attorney. Each case is unique and requires a personalized analysis tailored to the applicant’s specific circumstances.

When selecting an attorney, do not be guided solely by advertisements. Be sure to verify the attorney’s academic qualifications, professional experience, and track record to ensure adequate and reliable representation.