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Nonimmigrant Visas

Treaty Traders (E)

Treaty Trader (E-1) visas are authorized based on a treaty of commerce between the United States and Denmark. Individuals applying for E visas must have Danish nationality. The U.S. has also concluded treaties of commerce with several other countries, therefore if you are not a Danish national please refer to the website of the U.S. Embassy or Consulate in your home country. Note: A treaty trader visa is not a substitute for an immigrant visa. Persons wishing to remain in the United States indefinitely should apply for immigrant visas. Treaty trader visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations.

To obtain a Treaty Trader Visa (E-1), you must demonstrate:

  • The applicant is a national of a treaty country (see 9 FAM 41.51 N3)

  • The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country (see 9 FAM 41.51 N3)

  • At least 50 percent of the stock of the company is owned by Danish citizens. Stock held by Danish citizens who are permanent resident aliens in the U.S. cannot be included in this 50 percent (see 9 FAM 41.51 N3.1 & N14.1)

  • The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade (see 9 FAM 41.51 N6)

  • The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality (see 9 FAM 41.51 N7)
    (Trade means the international exchange of goods, services and technology. Title of the trade items must pass from one party to the other)

  • The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify (see 9 FAM 41.51 N14)

  • The applicant intends to depart the United States when the E-1 status terminates (see 9 FAM 41.51 N15)

Company Registration Procedures

The first step in applying for a Treaty Trader visa is to establish the qualification of the company or operation in the U.S. This process is known as registration. All companies seeking E visas for their owners or employees must register with the US Embassy in Copenhagen. If your company is not registered, see E-1 registration procedures. Please note that the applicant should not make an appointment before the company has been registered. The consular section will then contact the applicant.

If your company is registered, see the “How to Apply” section.

To maintain your company registry, Form DS-156E and Financial Statements/Tax Returns must be submitted annually. If an employee from a “non-active” company applies for an E visa, we will request an updated Form DS-156E and financial statement/tax return. If you do not submit any updates for five years, your company registration will expire. Companies under “expired” registration status must register again with the embassy.

Application Fee Payment

Initial registration applications must be accompanied by a visa application fee payment. Payments should be made using the Visa Application Fee System.

If your company has an active and up-to-date E company registry, you may make your visa appointment online and pay the application fee in the regular manner.

Spouses and Children

Spouses and/or children under the age of 21 can receive derivative E visas to accompany the employee to the U.S. The application procedure is the same; the I-797A or B covers dependents. If family members apply after the primary applicant's visa has been issued, they will need to include a copy of that visa with their application. Spouses and/or children who do not intend to reside in the United States with the primary visa holder, but visit for vacations only, may be eligible for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program. There is no requirement that the spouse and/or children of an E visa holder apply for a student (F-1) visa if they wish to study in the U.S. They may study on a derivative E visa. However, if qualified, they may apply for a F-1 visa. If you have school-age children, you should refer to the regulations governing the issuance of F-1 visas.

Spouses may seek employment authorization on derivative E visas. For further information, please contact the USCIS after arrival in the U.S.For information on how to apply for a visa, please see the "How to Apply" section