E-1 Visa Business Plan Requirements
No regulation requires a business plan for an E-1 treaty trader visa, and a plan cannot stand in for trade that already exists. The State Department's Foreign Affairs Manual, 9 FAM 402.9-5(B)(d): "An applicant cannot qualify for E-1 classification to search for a trading relationship". Paris and Brussels make a transaction spreadsheet mandatory; the post in Türkiye also asks companies under five years old for a business plan, so follow your own post's page. Over 50 percent of the volume of the firm's international trade must be between the United States and the treaty country (8 CFR 214.2(e)(11)). Domestic trade is outside the fraction, and exactly 50 percent is not over 50 percent.
This is general information, not legal advice, and we are not immigration attorneys. Apply for an E-1 visa or change of status with qualified immigration counsel. E-1 is open only to nationals of the countries listed at 9 FAM 402.9-10. The E-2 treaty investor test is different and has its own page.
Do you need a business plan for an E-1 visa?
No regulation requires one, though at least one post asks newer companies for it. 8 CFR 214.2(e)(9) to (11), the trade definitions, never mention a business plan. The U.S. Embassy in Guatemala City, in its E-1 trade tab:
You are not required to submit a business plan with your application. Instead, include a cover letter describing how the enterprise and beneficiary qualify for E-1 status.
Guatemala is not on the 9 FAM 402.9-10 treaty list, and the same tab copies Rome's spreadsheet instruction.
The U.S. Embassy and Consulates in Türkiye go the other way. Tab D of their format, common to E-1 and E-2 applicants (only Tab F is split by category), lists: "If the company was incorporated less than five years ago; business plan with profit/loss projections for the next 5 years." Follow your own post's page.
Can an E-1 business plan be based on projected trade?
No. The FAM:
An applicant cannot qualify for E-1 classification to search for a trading relationship. Trade between the treaty country and the United States must already be in progress on behalf of the individual or firm.
8 CFR 214.2(e)(9) agrees, and counts one forward-looking thing, a signed contract: "Existing trade includes successfully negotiated contracts binding upon the parties which call for the immediate exchange of items of trade."
What a projected-trade filing puts at risk. For a change of status on Form I-129, the USCIS fee schedule (Form G-1055, edition 10/07/26) lists E-1 petitions at "Paper Filing: $1,015 plus additional fees" and "Online Filing: $965 plus additional fees". With the $600 Asylum Program Fee of 8 CFR 106.2(c)(13), the filing costs $1,015 + $600 = $1,615 on paper or $965 + $600 = $1,565 online. A small employer (25 or fewer full-time equivalent US employees, counting affiliates and subsidiaries, 8 CFR 106.1(f)) pays a $510 petition fee either way and a $300 Asylum Program Fee: $510 + $300 = $810. 8 CFR 103.2(a)(1)(v): "Filing fees generally are non-refundable regardless of the outcome of the benefit request". At a consulate, the E category application fee at 22 CFR 22.1, item 21(c), is $315 per person.
If the business is not yet trading, E-2 may be the route that fits, where your country has an E-2 treaty. Ask counsel that first.
What does "substantial trade" mean for an E-1 visa?
A continuous flow of numerous transactions over time. 8 CFR 214.2(e)(10):
Substantial trade is an amount of trade sufficient to ensure a continuous flow of international trade items between the United States and the treaty country. This continuous flow contemplates numerous transactions over time.
A single transaction cannot qualify, however valuable. The paragraph adds that "greater weight will be given to more numerous exchanges of larger value" and that "There is no minimum requirement with respect to the monetary value or volume of each individual transaction." That sentence is about each transaction, not the annual total, which must still be enough to ensure a continuous flow. Neither 8 CFR 214.2(e)(10), 22 CFR 41.51(a)(9), 9 FAM 402.9-5(C) nor Form DS-156-E states an annual dollar floor or a minimum number of transactions, so a benchmark you read elsewhere is not a rule.
What does "principally between the United States and the treaty country" mean?
Over 50 percent of the firm's international trade by volume, with domestic trade outside the fraction. 8 CFR 214.2(e)(11):
Principal trade between the United States and the treaty country exists when over 50 percent of the volume of international trade of the treaty trader is conducted between the United States and the treaty country of the treaty trader's nationality.
The Immigration and Naturalization Service, adopting that wording in 1997 (62 FR 48138), said: "Thus, for purposes of the principal trade requirement, the Service will look only at the volume of the enterprise's international, as opposed to total, trade." 9 FAM 402.9-5(D)(a) says what the rest may be: "The remainder of the trade in which the applicant is engaged may be international trade with other countries or domestic trade."
So domestic trade, however large, does not count against a firm, and third-country trade dilutes its share. If a provider tells you the test is 50 percent of total trade, they have put domestic trade in the denominator.
And "over 50 percent" means exactly 50 percent is not enough. The FAM's document checklist says "51% of the trade", which asks for more than the regulation does; the Rome and Guatemala City pages say "At least 50%", which asks for less. 22 CFR 41.51(a)(10) uses the regulation's threshold too.
How is the E-1 50 percent test calculated? A worked example
Add treaty-country imports and exports, divide by all international trade, and leave domestic trade out. Question 10 of Form DS-156-E, required of every E-1 principal visa applicant (9 FAM 402.9-5(A)(b)), collects the inputs under the heading "Gross International Trade of the U.S. Enterprise": dollar value, number of transactions (marked optional) and "PERCENT OF TOTAL TRADE". The percent column has a line for each of the four import and export rows, none for the domestic row, and a printed 100% at the Total line. The fillable form's Total fields add the dollar and transaction columns across all five rows, the domestic row included; the form computes no percentages and no treaty-country share. The last column is our reading of 8 CFR 214.2(e)(11). For a UK-owned US subsidiary's last calendar year:
| DS-156-E question 10 row | Dollar value | Transactions | In the test? |
|---|---|---|---|
| "Imports from treaty country to U.S. business" | $620,000 | 84 | Numerator and denominator |
| "Exports from U.S. business to treaty country" | $140,000 | 22 | Numerator and denominator |
| "Imports from third countries to U.S. business" | $310,000 | 31 | Denominator only |
| "Exports from U.S. to third countries" | $190,000 | 17 | Denominator only |
| "Domestic U.S. production/manufacturing" | $900,000 | 212 | Outside the test |
By dollar value: international trade is $620,000 + $140,000 + $310,000 + $190,000 = $1,260,000 and US to UK trade is $620,000 + $140,000 = $760,000, so the share is $760,000 / $1,260,000 = 60.3 percent. By number of transactions: (84 + 22) / (84 + 22 + 31 + 17) = 106 / 154 = 68.8 percent. Both are over 50 percent.
We show both because the regulation says volume without defining how it is measured, and the FAM's guidance on substantial trade treats volume and value as different things: "You should focus primarily on the volume of trade conducted but you may also consider the monetary value of the transactions as well." If your two measures point different ways, put that to counsel.
Here the form's own Total, domestic row included, is $1,260,000 + $900,000 = $2,160,000, and its percent column is headed "PERCENT OF TOTAL TRADE". Against that Total the treaty-country rows are $760,000 / $2,160,000 = 35.2 percent. 8 CFR 214.2(e)(11) and the 1997 preamble (62 FR 48138) count international trade only, so the treaty share under the regulation is 60.3 percent by value. How the form's percent column is completed is for the attorney who completes the form.
What is the difference between an E-1 and an E-2 visa business plan?
E-1 proves trade that exists; E-2 proves an investment that is substantial, at risk and not marginal. They are clauses (i) and (ii) of 8 U.S.C. 1101(a)(15)(E).
| Point | E-1 treaty trader | E-2 treaty investor |
|---|---|---|
| Not yet trading or operating | Cannot qualify (9 FAM 402.9-5(B)(d)) | May qualify where the applicant "has invested or is actively in the process of investing" (9 FAM 402.9-6(A)) |
| Projections | Only where the DS-156-E ("If an enterprise is not yet fully operational") or your post calls for them | For a new business, the FAM checklist lists under marginality "Financial projections for next 5 years, supported by a thorough business plan" |
For the immigrant investor route, see our EB-5 business plan requirements guide.
What does an E-1 business plan have to show?
Existing trade, transaction by transaction, with the treaty-country share over 50 percent, measured on the right entity. Paris, Tab F, labeled mandatory:
You must include a detailed spreadsheet showing all of the company's international transactions for a period of at least one year, the value of each transaction, and a list of trading partners.
Brussels uses the same label for a spreadsheet of every qualifying treaty-country transaction in the last calendar year. Rome and Guatemala City ask for that too, and all three add: "Show in a prominent place the total number and value of these transactions". Türkiye asks for "An itemized list of all shipments from the last 24 months."
We prepare the ledger, the computed figures, the matched documents and the charts below; your attorney completes the DS-156-E and argues nationality and the applicant's role.
- A transaction ledger for the period your post asks for, at least twelve months: date, invoice number, counterparty, country, dollar value and direction, with a count by month.
- The DS-156-E question 10 figures, computed from that ledger: value and count per row, the four percentages on both bases (international trade and the form's Total), and the treaty-country share on both measures.
- The right measuring entity: a subsidiary's own trade or, for a branch, the trade of "the entire entity of which it is a part" (9 FAM 402.9-5(D)(b)).
- Title and traceability: bills of lading or invoices matched to ledger lines, because title must pass from one treaty party to the other (8 CFR 214.2(e)(9)). For services, the service "must itself be the saleable commodity which the enterprise sells to clients" (9 FAM 402.9-5(B)(f)).
- Nationality and role. An ownership chart tracing at least 50 percent to treaty-country nationals, leaving out shares owned by US lawful permanent residents (9 FAM 402.9-4(B)), and, for an employee, the executive, supervisory or essential-skills role of 8 CFR 214.2(e)(3).
- Projections only where the DS-156-E or your post calls for them, never in place of the ledger.
What does an E-1 business plan cost?
Our immigration business plans are published at $1,900 Essential, $2,400 Standard and $3,200 Premium, fixed. We never charge a percentage of anything you borrow, invest or raise. For E-1 the work is the ledger, the question 10 figures, the matched trade documents and the narrative tying them to 9 FAM 402.9-5, with a financial model only where projections are called for. See our pricing page and immigration business plan overview.
Business Plan Firm is the US practice of Avvale, a London consultancy. We have written 1,000+ plans for 500+ founders across 30+ countries, and our clients have raised $500M+.
How we verified this
All sources were retrieved on 10 October 2026 and every quotation checked against the raw text.
- 8 U.S.C. § 1101(a)(15)(E): the E-1 and E-2 clauses. law.cornell.edu.
- 8 CFR 214.2(e), its 1997 preamble (62 FR 48138) and 22 CFR 41.51: the trade definitions and the denominator. 8 CFR, preamble, 22 CFR. Federal Register searches found no final rule amending either since 1 January 2025.
- 9 FAM 402.9 (CT:VISA-2190, 17 February 2026): the existing-trade rule, the remainder sentence, the treaty list and the checklist. fam.state.gov.
- Form DS-156-E (06-2018 edition): question 10, its two calculated Total fields and the instruction on projections. eforms.state.gov.
- USCIS Form G-1055 (edition 10/07/26), 8 CFR 106.1 and 106.2, and 8 CFR 103.2(a)(1)(v) as revised from 11 August 2026: the I-129 fees and the non-refundable rule. Fee schedule, 106.2, 106.1, FR Doc. 2026-16313. No 2026 amendment to 8 CFR 106.2 touches the paragraphs used.
- 22 CFR 22.1, item 21(c): the consular application fee. govinfo.gov. Later rules change other items.
- Consular post instructions: Paris and Brussels (mandatory spreadsheet), Rome (spreadsheet wording), Guatemala City (not-required sentence) and Türkiye (business plan line, 24-month list).
Not verified, and therefore not on this page: charges a post may collect beyond the 22 CFR 22.1 fee (travel.state.gov blocked retrieval); how officers weigh value against count when they disagree; processing times and approval rates.
Frequently asked questions
Does an E-1 visa require a business plan?
No regulation requires one: 8 CFR 214.2(e)(9) to (11) never mention a business plan. Post formats differ: Paris and Brussels make a transaction spreadsheet mandatory, and the post in Türkiye lists a business plan with five-year projections for companies under five years old. Follow your own post's page.
Can E-1 trade be projected rather than existing?
Not under the rules as written. For E-1, 9 FAM 402.9-5(B)(d) says trade must already be in progress, and 8 CFR 214.2(e)(9) counts as existing trade binding contracts that call for the immediate exchange of items of trade. Put your own facts to immigration counsel.
What is the E-1 visa 50 percent rule?
Under 8 CFR 214.2(e)(11), E-1 principal trade exists when over 50 percent of the volume of the treaty trader's international trade is between the United States and the treaty country. Domestic trade is outside the fraction, and exactly 50 percent is not over 50 percent.
Is there a minimum amount of trade for an E-1 visa?
No rule sets an annual dollar figure or transaction count for E-1 substantial trade. 8 CFR 214.2(e)(10) requires a continuous flow of numerous transactions over time and says there is no minimum for the monetary value or volume of each individual transaction.
What is the difference between an E-1 and an E-2 visa business plan?
Under 8 U.S.C. 1101(a)(15)(E), E-1 is for substantial trade and E-2 for an enterprise in which the applicant has invested or is actively investing. An E-1 package proves existing trade with a treaty-country share over 50 percent under 8 CFR 214.2(e)(11); for a new E-2 business, the FAM checklist lists five-year projections with a business plan.
This page is general information as of 10 October 2026, not legal or immigration advice, and creates no attorney-client relationship. Rules, fees and post procedures change. Retain qualified immigration counsel and confirm current requirements with USCIS and your post before acting.