E-VISAS

E Visas (E-1, E-2, and E-3) for Temporary Workers

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.

Eligibility

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.

General Eligibility for E-1 Classification

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.

General Eligibility for E-2 Classification

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.

General Eligibility for E-3 Classification

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.

E-1 or E-2 Classification as an Employee of a Treaty Trader or Treaty Investor

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.