The E-1 nonimmigrant classification allows a national to be admitted into the United States for the sole purpose of engaging in international trade. His or her employees may also be eligible for such classification, as well as certain dependent family members. For those treaty traders who are currently in the United States in a lawful nonimmigrant status, they may file a Form I-129 to request their status be changed to an E-1 classification. Employers may also file Form I-129 on behalf of eligible employees.
To qualify for an E-1 classification, one must be a national of a country with which the United
States have a treaty of commerce and navigation, they must carry on a substantial trade and, they must carry on a specific trade that qualifies for the E-1 classification. These items include goods, services, insurance, international banking, transportation, tourism, technology, its transfer, and certain news-gathering activities.
In order to qualify for an E-1 classification, you must have the same nationality as your employer, meet the definition of an "employee" under the law, and either have a supervisory position or special qualifications if you are in a lesser capacity.