§ 41.51 Treaty trader, treaty investor, or treaty alien in a specialty occupation.
(a) Treaty trader —(1) Classification. An alien is classifiable as a nonimmigrant treaty trader (E–1) if the
consular officer is satisfied that the alien qualifies under the provisions of INA 101(a)(15)(E)(i) and that the
(i) Will be in the United States solely to carry on trade of a substantial nature, which is international in
scope, either on the alien's behalf or as an employee of a foreign person or organization engaged in
trade, principally between the United States and the foreign state of which the alien is a national,
(consideration being given to any conditions in the country of which the alien is a national which may
affect the alien's ability to carry on such substantial trade); and
(ii) Intends to depart from the United States upon the termination of E–1 status.
(2) Employee of treaty trader. An alien employee of a treaty trader may be classified E–1 if the employee
is in or is coming to the United States to engage in duties of an executive or supervisory character, or, if
employed in a lesser capacity, the employee has special qualifications that make the services to be
rendered essential to the efficient operation of the enterprise. The employer must be:
(i) A person having the nationality of the treaty country, who is maintaining the status of treaty trader if in
the United States or, if not in the United States, would be classifiable as a treaty trader; or
(ii) An organization at least 50% owned by persons having the nationality of the treaty country who are
maintaining nonimmigrant treaty trader status if residing in the United States or, if not residing in the
United States, who would be classifiable as treaty traders.
(3) Spouse and children of treaty trader. The spouse and children of a treaty trader accompanying or
following to join the principal alien are entitled to the same classification as the principal alien. The
nationality of a spouse or child of a treaty trader is not material to the classifica