The non-immigrant visa category known as the E-1 for Treaty Traders is designed for firms or individuals who develop substantial trade between the United States and a country with which the United States maintains a treaty of commerce and navigation and which is the country of birth/citizenship of the foreign national. In order to qualify for a Treaty Trader visa, the U.S. office of the company must engage in substantial international trade, a majority (at least 51%) of which must be between the United States and the country of the applicant's nationality. The trade must involve the actual exchange of goods, monies, or services and is generally demonstrated to exist by offering evidence of the number as well as the value of the transactions. 

The E-1 visa is generally available to managers, executives, or individuals with specific skills that can be demonstrated as unique (vis-a-vis the trade conducted) and that are not generally available in the United States. The aspect of essentiality to the U.S. operation is a necessary component of the E-1 visa application, and therefore will eliminate the availability of the category for the unskilled worker, clerical employee, or middle- or lower-level manager. 

Trade in goods includes both imports and exports between the U.S. and the treaty country. Trade in services includes international banking, insurance, transportation, tourism, communications, data processing, advertising, accounting, design and engineering, and management consulting. It is also possible to show trade based on a legally binding in contract that calls for trade is merchandise or services. 

Some examples: 
A U.S. company has been established or is actively in the process of being set up, and at least 50% of the stock ownership in the hands of a treaty country entity or individual. This U.S. company is currently engaged in international trade (or has committed irrevocably to this trade). It must be demonstrated that a minimum of 51% of the total trade is directed to and from the treaty country. 

A U.S. company has been established or is actively in the process of being set up, and at least 50% of the stock ownership is in the hands of a treaty country entity or individual. The U.S. operation is engaged in providing services to a substantial number of U.S. clients related to certain treaty country manufactured software. At least 51% of this software is manufactured in the treaty country.

A treaty country bank establishes a wholly owned subsidiary in the United States. This subsidiary engages in substantial transactions, of which at least 51% are with U.S. citizens or entities. Based on these transactions, a qualifying employee would qualify for E-1 status. 

A treaty country entity enters into a binding agreement to provide consulting services to its U.S. majority-owned subsidiary. The calculated value of these services is demonstrated as the main revenue of the U.S. subsidiary, and the certainty of the agreement is not in doubt. It is likely that E-1 status will be granted.