Does the E-1 require a specific type of legal entity?

No, the E-1 does not impose a specific type of legal entity. The visa is designed for nationals of countries that have a trade treaty with the United States, and the focus falls on the commercial activity itself, not on the corporate structure chosen to carry it out.

In practice, different structures may qualify, as long as they meet the visa requirements. What truly matters is demonstrating two core points:

• That there is substantial and continuous trade between the United States and the treaty country.
• That the company is owned and controlled by nationals of the treaty signatory country.

In other words, both an individual acting in their own name and a formally incorporated company can, in principle, qualify, provided the treaty connection and the substance of the trade are present and well documented.

Since each structure carries its own implications, it is worth verifying the current requirements with USCIS and designing the corporate arrangement with the support of a trusted professional, without relying on promises of quick results.

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.