The updated filing fee for E-1 can be found here.

Requirements:

1. Applicant must be a citizen of a treaty country;
2. Trading firm applicant is representing must have the nationality of the treaty country, such that persons with the treaty country’s nationality must own at least 50 percent of the enterprise;
3. Substantial international trade, such that there is a sizable and continuous volume of trade;
4. More than 50 percent of the international trade involved must be between the United States and the treaty country;
5. Trade involves the international exchange of goods, services, and technology; the title of the trade items must pass from one party to the other;
6. Applicant must be an essential employee employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. 

Limitations:

1. Ordinary skilled or unskilled workers do not qualify;
2. E-1 Visa holders may only engage in employment that is consistent with the terms and conditions of the activities forming the basis for their status.

A treaty trader or employee may only work in the activity for which he or she was approved at the time the classification was granted.  An E-1 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:

• Relationship between the organizations is established;
• Subsidiary employment requires executive, supervisory, or essential skills; and
• Terms and conditions of employment have not otherwise changed.

See 8 CFR 214.2(e)(8)(ii) for details.

USCIS must approve any substantive change in the terms or conditions of E-1 status.  A “substantive change” is defined as a fundamental change in the employer’s basic characteristics that would affect the alien’s eligibility for E classification, such as, but not limited to

•  a merger;
• Acquisition;
• sale of the division where the alien is employed; or
• other event that affects the treaty trader or employee’s previously approved relationship with the treaty enterprise. 

Where there has been such a substantive change, the treaty trader or enterprise, if it wishes to continue to employ the alien in E-1 status, must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty trader or affected employee. The petition must include evidence to show that the treaty trader or affected employee continues to qualify for E1 visa classification.  An employer who no longer employs an E-1 nonimmigrant is urged to inform USCIS of this upon termination of the E-1 nonimmigrant’s employment.

A treaty trader is not required to file a new Form I-129 to notify USCIS about non-substantive changes. A treaty trader or E-1 employee enterprise may seek advice from USCIS, however, to determine whether a change is considered substantive. To request advice, the treaty trader or enterprise must file Form I-129 with fee and a complete description of the change.

See 8 CFR 214.2(e)(8) for more information on terms and conditions of E-1 treaty trader status.

A strike or other labor dispute involving a work stoppage at the intended place of employment may affect a Canadian or Mexican treaty trader or employee’s ability to obtain E-1 status. See 8 CFR 214.2(e)(22) for details.

Qualified treaty traders and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-1 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-1 nonimmigrant may be granted. All E-1 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-1 nonimmigrant who travels abroad may generally be granted, if determined admissible by a U.S. Customs and Border Patrol Officer, an automatic two-year period of readmission when returning to the United States.