E-1 Visa from Canada to the U.S.: Complete Guide for Treaty Traders (2026)

The E-1 Treaty Trader visa allows Canadian citizens to live and work in the United States while conducting substantial international trade between Canada and the U.S. This visa is valid for up to five years for Canadians, can be renewed indefinitely, and allows spouses of E-1 visa holders to work without applying for separate employment authorization. To qualify, Canadian businesses must have existing trade with the U.S. that accounts for at least 50% of their total international trade. First-time applicants and companies renewing their E-1 visa registration must apply in Toronto.

What Is the E-1 Treaty Trader Visa?

The E-1 visa is a treaty-based work authorization that enables nationals from treaty countries to enter the United States to carry on substantial trade. Canada and the U.S. maintain a qualifying treaty relationship, making Canadian citizens eligible for this category.

Trade under the E-1 visa includes the exchange of goods, services, and technology across international borders. This encompasses tangible products as well as services in sectors like transportation, banking, insurance, tourism, communications, and technology. Any continuous commercial exchange specifically between the U.S. and Canada can qualify, provided it meets specific volume and continuity requirements.

How E-1 Differs from Regular Business Travel

A standard business visitor under CUSMA (Canada–United States–Mexico Agreement) /USMCA (United States–Mexico–Canada Agreement) can conduct certain short-term activities without a visa but cannot engage in gainful employment or run a business in the U.S. The E-1 visa, by contrast, permits you to reside in the U.S. and actively manage trade operations between the U.S. and Canada. This distinction is crucial for business owners and managers who need to establish a long-term presence in the United States.

Who Qualifies for an E-1 Visa from Canada?

Canadian citizens must satisfy the following specific requirements to qualify for an E-1 Treaty Trader visa:

Canadian Citizenship Requirement

You must be a Canadian citizen to apply under this category. Canadian permanent residents who are not citizens do not qualify. You’ll need a valid Canadian passport as proof of citizenship throughout the application process.

Substantial Trade Requirement

Your business must be carrying on substantial trade between Canada and the United States. “Substantial” means the volume of trade is considerable and ensures a continuous flow of international transactions over time.

There is no fixed minimum dollar value, but the requirement implies numerous ongoing transactions rather than one-time deals. The U.S. Department of State evaluates this based on the frequency and total value of transactions collectively. For example, a pattern of regular shipments or service contracts totaling significant annual value demonstrates substantial trade.

The 50% Rule: Principal Trade with the U.S.

At least 50% of your company’s international trade must occur between the United States and Canada. This “principal trade” requirement ensures that the U.S.-Canada trade relationship is central to your business operations.

If your company trades with multiple countries, at least half of your total import/export or service trade volume must be with the U.S. For instance, if your Canadian company generates 60% of its international revenue from U.S. clients and 40% from other countries, you meet this threshold. If U.S. trade only accounts for 30% of your international business, your application would likely be denied.

Business Ownership Requirements

The trading entity must be at least 50% owned by Canadian citizens. If you own a Canadian company, this is typically straightforward. If the business is U.S.-incorporated, then at least 50% of its shares must be ultimately owned by Canadian nationals.

Ownership can be held by you individually or by other Canadian shareholders. Any ownership by U.S. permanent residents or citizens does not count toward the Canadian ownership percentage. Ownership by entities (companies) is permitted, but only if at least 50% of those entities are ultimately owned by Canadian citizens.

Your Role in the Business

You must serve as either the principal trader with major ownership and control in the enterprise, or an employee in a supervisory, executive, or highly specialized capacity essential to operations.

If you’re not the business owner, you must be coming to the U.S. to fill a senior managerial role or critical specialist position. The E-1 category is not available for routine workers without specialized or supervisory responsibilities.

Active Trade History Required

The trade must already be in progress when you apply. The E-1 visa is not designed for startups without an existing trade history. You cannot obtain an E-1 to launch a brand-new trading business from scratch.

The U.S. Consulate expects evidence like contracts, invoices, bills of lading, and bank statements proving past and ongoing trade activities. If you’re in the planning phase of a new U.S.-Canada business, you’ll need to conduct trade under shorter visits or other arrangements until you build sufficient volume to meet E-1 criteria.

How to Apply for an E-1 Visa as a Canadian

The application process differs depending on whether you apply from outside the U.S. at a consulate or from within the U.S. through a change of status.

Applying Through the U.S. Consulate in Toronto

Most Canadian applicants pursue this route, which requires several key steps. The U.S. Consulate General in Toronto is the designated post in Canada that handles principal E-1 Treaty Trader visa applications.

Step 1: Complete Required Forms

Fill out the DS-160 online nonimmigrant visa application and print the confirmation page. Additionally, complete Form DS-156E (Treaty Trader/Investor Application), which details your ownership and trade activities. The application fee is $315 USD as of 2025, with no additional reciprocity fee for Canadians.

Step 2: Prepare Your Documentation Package

Gather comprehensive evidence demonstrating that you meet all E-1 requirements, including:

• Proof of Canadian citizenship (passport copy)
• Evidence of ownership structure showing 50%+ Canadian ownership
• Documentation of substantial trade (contracts, purchase orders, invoices, bills of lading, shipping records, bank statements)
• Business financials (tax returns, profit/loss statements, balance sheets)
• Organizational chart showing your role
• Your detailed resume and employment documentation
• Cover letter summarizing how you meet each E-1 criterion

The U.S. Consulate in Toronto handles all initial E-1 applications centrally for all of Canada through its dedicated E Visa Unit. They allow applicants to first email a condensed application packet for review, which can take a few weeks before they invite you to schedule an interview. Procedures can change periodically, so petitioners should confirm current submission instructions on the Toronto U.S. consulate website before applying. 

Step 3: Attend Your Interview

All first-time E-1 applicants from Canada must interview in Toronto. This requirement applies to principal applicants; some dependents or follow-on cases may be processed at other posts depending on the current Mission Canada policy. 

A consular officer will verify your information and ask questions about your business, the nature of trade, your role, and your intentions. Bring originals or certified copies of all supporting documents, neatly organized.

Step 4: Receive Your Visa

Once approved, the E-1 visa will be placed in your passport. For Canadians, the visa is typically valid for up to five years and allows multiple entries. Upon your first entry, a U.S. Customs and Border Protection officer will issue an I-94 entry record, granting two years of E-1 status.

2025 Policy Change: What to Expect Going Forward

As of September 6, 2025, the U.S. Department of State requires visa applicants to apply in their home country or country of permanent residence. Canadian citizens residing in Canada must apply at U.S. consulates in Canada. If you’re a Canadian citizen living abroad, you would apply at the U.S. Embassy or Consulate in your country of residence rather than in a third country. (Note: This policy does not change the fact that principal E-1 applicants in Canada are still processed at the U.S. Consulate in Toronto.)

Changing Status from Within the U.S.

If you’re already in the United States on a valid non-immigrant status (such as B-1/B-2, F-1, or TN), you can request a change of status to E-1 without leaving the country. This requires filing Form I-129 (Petition for Nonimmigrant Worker) with USCIS.

For Canadian citizens, changing status inside the U.S. is legally allowed, but some entries, especially at land borders, may involve limited admission records. In addition, a change of status does not provide an E-1 visa for travel. Because the E visa offers flexibility and ease of re-entry, many Canadians choose to obtain the E-1 visa through consular processing instead. 

E-1 Visa Requirements: Documentation You’ll Need

Strong documentation is essential for E-1 approval. Your evidence package should include:

Document Category	Evidence Examples
Citizenship Proof	Valid Canadian passport
Ownership Evidence	Articles of incorporation, share certificates, or affidavits showing 50%+ Canadian ownership
Trade Documentation	Contracts, purchase orders, invoices, bills of lading, shipping records, sales receipts, and bank statements showing multiple transactions over time
Financial Records	Business tax returns, profit/loss statements, and balance sheets demonstrating active operations
Trade Description	Brochures, catalogs, or descriptions of products/services being traded
Organizational Structure	Company organizational chart, employee information
Applicant Qualifications	Detailed resume, employment letter or contract, job title, and duties documentation

The trade documentation is the heart of your application. Provide a summary showing the number of transactions and total trade value over the past year. Include evidence spanning multiple transactions over time rather than one or two large deals.

How Long Does the E-1 Visa Process Take?

The consular E-1 process typically takes several months from start to finish.

After submitting your application packet, the U.S. consulate instructs petitioners to wait for authorization to schedule an interview. This review phase often takes several weeks, though timing varies by workload and staffing. Interview appointment availability may require additional waiting time depending on current demand and backlogs.

Once you’ve completed the interview, visa processing usually takes a few days to a week if approved. In total, starting the process three to four months in advance of when you need to be in the U.S. on E-1 status is advisable.

Remember that you cannot begin working in the U.S. until the visa is issued and you have entered on E-1 status. Plan your timeline accordingly to avoid disrupting your business operations.

E-1 Visa Validity and Renewal for Canadians

The E-1 visa offers significant flexibility and long-term viability for Canadian business professionals.

Visa Validity Period

When issued to a Canadian citizen, the E-1 visa is typically valid for the maximum reciprocity period of five years. This means you can use the visa to enter the U.S. multiple times until the expiration date.

Period of Stay

When you enter the U.S. with an E-1 visa, Customs and Border Protection grants an initial stay of up to two years in E-1 status, regardless of the visa’s longer validity. This is documented on your I-94 arrival record.

If you leave the U.S. and re-enter with a still-valid E-1 visa, you receive a fresh two-year period of stay from the date of re-entry. This automatic two-year admission on each entry is a valuable feature of E visas.

Unlimited Renewals

The five-year visa stamp can be renewed indefinitely, provided you continue to qualify. Renewal involves essentially a new application demonstrating that the trade is still ongoing and substantial.

There is no maximum number of renewals. The E-1 can serve as a long-term solution for living and working in the U.S., with some treaty traders maintaining E visa status for decades by continually extending.

Each renewal requires:

• Updated trade documentation showing continuing substantial volume
• Evidence that at least 50% of international trade remains with the U.S.
• Proof that the business remains Canadian-owned
• Demonstration that you continue in an executive/specialist role
• Payment of the $315 visa fee
• An interview at the consulate

Extension of Stay

If you remain in the U.S. continuously and approach the expiration of your two-year I-94, you can file with USCIS to extend your E-1 status for another two years without leaving the country. There is no limit to how many extensions USCIS can grant, as long as you continue meeting requirements. Extensions of stay do not provide a visa stamp; if you later travel abroad, you must obtain an E-1 visa at a U.S. consulate to re-enter in E-1 status.

Can Your Spouse and Children Come with You on an E-1 Visa?

Your immediate family members can accompany you to the United States on E-1 dependent status.

Spouse Work Authorization

Your spouse receives automatic work authorization in the U.S. without restrictions. Under current rules, E-1 spouses are authorized to work “incident to status,” meaning no separate Employment Authorization Document (EAD) is required.

Your spouse can work for any employer, start their own business, or work full-time or part-time in any field. This provides significant flexibility for two-income households. To utilize this benefit, your spouse should obtain an I-94 correctly annotated as an E-1 spouse.

Children’s Rights

Unmarried children under 21 can accompany you on E-1 dependent status. They can attend U.S. schools (K-12 or college) without needing student visas. Children cannot work on E-1 dependent status, though they may transition to F-1 status or their own work visa when appropriate.

If a child reaches age 21, they “age out” and must transition to another status to remain in the U.S. legally.

Duration for Family Members

Your spouse and children typically receive the same period of stay as you (two-year I-94s on entry) and can renew their E-1 visas alongside your renewal. 

E-1 vs. E-2 Visa: Which Is Right for Your Business?

Both E-1 and E-2 visas are treaty-based options for Canadians, but they serve different purposes.

Aspect	E-1 Treaty Trader	E-2 Treaty Investor
Primary Purpose	Conduct substantial international trade between the U.S. and Canada	Direct and develop a business with substantial capital investment
Capital Requirement	No investment required; focus is on trade volume	Requires substantial investment (typically $80,000+ for Canadians, depending on the business model)
Trade Requirement	Must show substantial existing trade (50%+ with U.S.)	No trade requirement; investment-focused
Business Stage	Existing business with established trade history	New or existing business being funded by an investor
Best For	Expanding cross-border trade operations with existing U.S. customers	Starting or acquiring a new business venture in the U.S.

Choose E-1 if: Your business already conducts significant trade with U.S. clients or suppliers, and you need to be in the U.S. to manage those relationships. You don’t need to invest additional capital beyond normal business operations.

Choose E-2 if: You’re willing to invest substantial capital to start or purchase a U.S. business, even if you don’t yet have established U.S. trade relationships.

Some businesses might qualify for both visas. In those cases, E-1 is often preferable since it doesn’t require committing a large sum beyond normal business operations.

Success Stories: Canadian Professionals Using E-1 Visas

Canadian businesses across various sectors have successfully used E-1 visas to expand their U.S. operations.

Manufacturing and Distribution

A Canadian manufacturing company that exports over 60% of its products to U.S. distributors needed a senior manager in the U.S. to oversee logistics, client relationships, and quality control. With documentation showing consistent monthly shipments totaling several million dollars annually to multiple U.S. partners, the company obtained an E-1 visa for its operations director. The visa enabled them to establish a U.S. office and provide real-time support to their largest market.

Technology Services

A Canadian software consulting firm providing IT services to numerous U.S. corporate clients needed technical specialists on-site for implementation and support. The firm demonstrated substantial trade through service contracts with U.S. companies representing 70% of its international revenue. They successfully obtained E-1 visas for two senior consultants, allowing them to work directly with clients across multiple U.S. states while maintaining their employment with the Canadian parent company.

Cross-Border Trade Company

A Canadian import-export business specializing in specialty foods had built relationships with U.S. retailers, accounting for 85% of their international sales volume. The owner needed to relocate to the U.S. to manage these critical relationships and oversee U.S. warehousing operations. With extensive documentation of ongoing transactions, shipping records, and purchase orders spanning two years, the owner obtained an E-1 visa as the principal trader, enabling them to establish a U.S. base while the Canadian operations continued.

These examples demonstrate the E-1 visa’s versatility for Canadian businesses with established U.S. trade relationships across manufacturing, services, and distribution sectors.

Avoiding Common Mistakes

Understanding these pitfalls can strengthen your E-1 application.

Insufficient Documentation of Trade

One or two large contracts aren’t enough to demonstrate “substantial trade.” The requirement contemplates numerous transactions over time. Provide comprehensive evidence, including multiple invoices, bills of lading, and payment records spanning several months or years.

Failing the 50% Threshold

Carefully calculate your international trade percentages before applying. If only 40% of your international business involves the U.S., your application will be denied. Wait until you’ve established a stronger U.S. trade presence before proceeding.

Applying Too Early

The E-1 is not for startups without a trade history. If you’ve just incorporated but haven’t completed transactions, you won’t qualify. Build your trade record first, then apply once you can demonstrate ongoing commercial activity.

Inadequate Role Documentation

If you’re not the owner, clearly demonstrate why your position qualifies as supervisory, executive, or specialized. Generic job descriptions won’t suffice. Provide organizational charts, detailed duties, and evidence of your essential role in the trade operations.

Inconsistent Information

Ensure all ownership percentages, trade figures, and business details are consistent across every form and supporting document. Discrepancies raise red flags and can delay or derail your application.

Ignoring the 2025 Location Rules

As of September 2025, you must apply in your country of citizenship or residence. Don’t attempt to schedule interviews at consulates in countries where you don’t reside, as these applications will be refused.

Next Steps: Getting Help with Your E-1 Visa Application

The E-1 Treaty Trader visa requires detailed preparation and documentation. Success depends on demonstrating substantial ongoing trade between the U.S. and Canada, showing that at least 50% of your international trade involves the United States, proving Canadian majority ownership of the business, and establishing that you serve in an executive, supervisory, or specialized role within the enterprise.

Every E-1 application involves unique circumstances. The requirements can be complex, particularly when it comes to documenting trade volume, establishing proper ownership structures, and presenting your role effectively. Working with attorneys who focus specifically on business immigration can help you navigate these complexities and present the strongest possible case.

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