To qualify for E-1 classification, the treaty trader must:

• Be a national of a country with which the United States maintains a treaty of commerce and navigation or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation;

• Carry on substantial trade; and

• Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.
  

Trade is the existing international exchange of items of trade for consideration between the United States and the treaty country.  Items of trade include but are not limited to:

• Goods

• Services

• International banking

• Insurance

• Transportation

• Tourism

• Technology and its transfer

• Some news-gathering activities.
  

See 8 CFR 214.2(e)(9) for additional examples and discussion.

Substantial trade generally refers to an amount of trade sufficient to ensure a continuous flow of international trade items between the United States and the treaty country. The continuous flow contemplates numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. While monetary value of transactions is a relevant factor in considering substantiality, greater weight is given to more numerous exchanges of greater value. For smaller businesses, the income derived from the value of numerous transactions which is sufficient to support the treaty trader and their family is a favorable factor.  See 8 CFR 214.2(e)(10) for further details.

Principal trade between the United States and the treaty country exists when over 50% of the volume of international trade of the treaty trader is between the United States and the treaty country of the treaty trader’s nationality. See 8 CFR 214.2(e)(11).

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