Does the E-1 accept partnerships with another foreign national from a treaty country?

Yes, the E-1 accepts partnerships formed by foreign nationals from countries that maintain a trade treaty with the United States. The key requirement is that the company be substantially controlled by nationals of the treaty country.

In practice, this means that the majority of the ownership and strategic decision-making of the business must remain in the hands of citizens of the treaty country. A partnership between two foreign nationals from a treaty country may qualify, provided both meet the nationality requirement and that majority control is demonstrated in the ownership structure.

Beyond control, the E-1 relies on the existence of substantial trade between the United States and the treaty country, meaning a real, continuous, and significant volume of international transactions. The legal form adopted (corporation, limited liability company, or other entity) matters less than proving who holds control and that the trade is genuine.

Since the requirements of ownership, control, and trade volume are assessed on a case-by-case basis, it is worth verifying the current criteria with the Department of State or with a specialist before structuring the partnership.

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Victoria Harper

Editor-in-Chief

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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.