Can any employee of a foreign company apply for an E-1?

No, not every employee of a foreign company can apply for the E-1. The visa is designed for nationals of countries that maintain a trade and navigation treaty with the United States and for companies whose principal activity is substantial trade between the two countries.

Two factors define employee eligibility:

• Nationality: the applicant must be a citizen of the treaty country.
• Role in the company: the employee must hold a position that is essential to the trade activity, such as an executive, supervisory, or specialized role with relevant skills and responsibilities tied to the company’s cross-border business operations.

The position does not need to be managerial, but it must have a direct connection to the functioning and success of the company’s international trade. Purely operational roles with no link to strategic or commercial decisions are far less likely to qualify.

Because each case is evaluated individually, it is worth confirming the current requirements with the Department of State or an immigration specialist before starting the process, and avoiding offers that promise guaranteed outcomes.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.