E-VISAS

The E  visa category includes treaty traders and investors who come to the  United States under a treaty of commerce and navigation between the  United States and the country of which they are a citizen or national.  This category also includes Australian specialty occupation workers.

Before  entering the United States, treaty traders or investors and Australian  specialty occupation workers must apply and receive an E-1, E-2, or E-3  visa from a U.S. consulate or embassy overseas. A U.S. company may also  request a change of status to E-1, E-2, or E-3 for a non-immigrant that  is already in the United States.

Treaty traders (E-1) conduct substantial trade in goods, including  but not limited to services and technology, mainly between the United  States and their country of origin of which they are citizens or  nationals.

Treaty investors (E-2) invest a substantial amount of money and  direct the operations of an enterprise they have invested in, or are  actively investing in.

Australian specialty occupation workers (E-3) perform services in a specialty occupation.

To qualify for E-1 classification, you must:

• Be a national of a country the United States maintains a treaty of commerce and navigation with;
• Carry on substantial trade; and
• Carry on principal trade between the United States and the treaty country which qualified you for E-1 classification.

Substantial trade generally refers to the continuous flow of  sizable international trade items, involving numerous transactions over  time. 

To qualify for E-2 classification, you must:

• Be a national of a country the United States maintains a treaty of commerce and navigation with;
• Have invested, or are actively in the process of investing, a  substantial amount of capital in a bona fide enterprise in the United  States; and
• Be seeking to enter the United States solely to develop and direct the investment enterprise.

To qualify for E-3 classification, you must:

• Be a national of Australia;
• Have a legitimate offer of employment in the United States;
• Have the necessary academic or other qualifying credentials; and
• Fill a position that qualifies as a specialty occupation.

To qualify for E-1 or E-2 classification, you must:

• Be the same nationality as the main alien employer (who must have the nationality of the treaty country);
• Meet the definition of “employee” under relevant law; and
• Be either engaging in duties of an executive or supervisory  position, or if employed in a lesser capacity, have special  qualifications.