E1 Visa Eligibility for Canadian Businesses: What You Need and How to Prove It (2026 Guide)

If you're a Canadian business owner looking to expand into the U.S. in 2026, you may want to consider the E1 visa. This article covers eligibility for an E1 visa as well as how you can prove eligibility.

The E1 Treaty Trader visa is designed for Canadian companies that do regular trade with the United States. But eligibility rules can be confusing, especially when it comes to proving your business qualifies.

This guide breaks down who qualifies, what counts as trade, and what documents you’ll need, in plain language.

What Is the E1 Visa and Who Is It For?

The E1 visa lets citizens of treaty countries, including Canada, enter the U.S. to conduct trade between their home country and the U.S.

To be eligible for an E1 as a Canadian, you must:

• Be a Canadian citizen
• Own or work for a business that trades mainly between Canada and the U.S.
• Show the trade is substantial, ongoing, and real
• Work in an executive, supervisory, or essential role

This visa works well for businesses that ship products, provide cross-border services, or manage international contracts between Canada and the U.S.

What Counts as “Trade” for E1 Visa Purposes?

To qualify, your company must show that it regularly trades goods or services across the border. Trade can include:

• Importing goods into the U.S. from Canada (e.g., parts, food, materials)
• Exporting services to U.S. clients (e.g., consulting, tech, design)
• Selling digital products or IP across borders
• Providing logistics, transport, or brokerage between the two countries

Important:

Over 50% of your company’s total international trade must be between Canada and the U.S.

So if you trade with other countries, that’s okay, but the majority must be U.S.-focused.

What Is “Substantial” Trade for an E1 Visa?

The U.S. government doesn't give an exact dollar amount. Instead, they look at the volume and frequency of transactions.

Here’s what they consider substantial:

• Ongoing and continuous trade, not just one or two deals
• Multiple transactions per year
• A meaningful impact on your company’s success

A small business can still qualify if the trade is steady and makes up a big part of the company’s activity.

Documents You Need to Prove Eligibility for an E1 Visa

To qualify for the E1 visa, your business must prove its trade activity and ownership structure. Here's what you’ll need:

1. Proof of Canadian Citizenship

• Canadian passport (current and valid)
• Birth certificate (if needed)
• Citizenship certificate (if applicable)

2. Proof of Business Ownership

To show the business is Canadian and eligible:

• Articles of incorporation or business registration
• Share certificates showing ownership
• Corporate structure chart (if you have partners)
• Proof that at least 50% of the business is owned by Canadian citizens

3. Proof of Substantial Trade

This is the most important part of your application.

You’ll need to show a pattern of trade activity. Useful documents include:

• Invoices for goods or services sent to U.S. clients
• Shipping logs and customs documents
• Sales contracts or service agreements
• Bank statements showing international wire transfers
• Revenue breakdown by country
• Purchase orders from U.S. buyers
• Delivery receipts or tracking logs
• Inventory export reports

If you’re a service provider (like a consultant or agency), focus on client contracts, invoices, and payment records showing cross-border work.

4. Proof of Principal Trade with the U.S.

You need to prove that more than 50% of your international trade is with the United States.

Gather documents like:

• Sales reports by country
• Client lists with country details
• Transaction spreadsheets
• Financial statements with U.S. vs. non-U.S. breakdown

A simple pie chart or summary table can help visualize this and it’s great for interview prep, too.

5. Proof of Your Role in the Business

Only certain people can qualify for the visa: owners, executives, supervisors, or essential employees.

To show you qualify:

• Organizational chart showing your position
• Employment contract or offer letter
• Job description with key responsibilities
• Résumé or CV
• Letters from leadership describing your value to the business

If you’re the owner, business registration and tax filings in your name are helpful.

What About Family Members?

If you're approved for the E1 visa, your spouse and children (under 21) can also enter the U.S. under E1 status.

They don’t need to meet the trade or ownership rules. Your spouse can also apply for work authorization.

Common Mistakes to Avoid

Here are a few things that could get your application denied:

• Not having enough transactions (one big contract is not enough)
• Not proving Canadian ownership is 50% or more
• Failing to show trade is ongoing (not just a one-time project)
• Not organizing documents clearly

Quick Eligibility Checklist