E Visa

The United States maintains commerce and
navigation treaties with various countries around the world to encourage mutual trade and business negotiations. The E visa classification allows nationals of countries having commercial treaties with the United States to engage in trade or business investment activities. Here is a link to the countries that have a treaty  with the United States: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

  1. E-1: Treaty Trader
  2. E-2: Treaty Investor
  3. E-3: Specialty Occupation Professional from Australia

 E-1 Treaty Traders:

 The E-1 nonimmigrant classification allows a national of a treaty country to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

Requirements:

 Treaty Trader:

  • Must be a national of a country with which the United States maintains a treaty of commerce and navigation
  • Must carry on substantial trade
  • Must carry on principal tradebetween the United States and the treaty country which qualified the treaty trader for E-1 classification.

 Employee of Treaty Trader:

  • Must be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
  • Must meet the definition of “employee” under the relevant law
  • Must either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

 Duration:

Qualified treaty traders and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-1 nonimmigrant may be granted.

Dependents:

The spouse and unmarried children (under 21 years of age) can accompany Treaty traders and employees. Their nationalities need not be the same as the treaty trader or employee. Spouses of E-1 workers may apply for work authorization, if approved, there is no specific restriction as to where the E-1 spouse may work.

E-2 Treaty Investors:

 The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business.

 Requirements:

Treaty Investor:

  • Must be a national of a country with which the United States maintains a treaty of commerce and navigation.
  • Must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.
  • Must be seeking to enter the United States solely to develop and direct the investment enterprise.  This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

Employee of Treaty Investor:

  • Be the same nationality of the principal alien employer (who must have the nationality of the treaty country).
  • Meet the definition of “employee” under relevant law.
  • Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

Duration:

Qualified treaty investors and employees will be allowed a maximum initial stay of two years.  Requests for extension of stay may be granted in increments of up to two years each.  There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted.

Dependents:

 The spouse and unmarried children (under 21 years of age) can accompany Treaty investor and employees. Their nationalities need not be the same as the treaty investor or employee.

Spouses of E-2 workers may apply for work authorization, if approved, there is no specific restriction as to where the E-2 spouse may work.

 E-3 Certain Specialty Occupation Professionals from Australia:

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.

Requirements:

  • Must be a national of Australia.
  • Have a legitimate offer of employment in the United States.
  • Possess the necessary academic or other qualifying credentials.
  • Will fill a position that qualifies as a specialty occupation

 Duration:

 The E-3 approved individual will be allowed a maximum initial stay of two years and can extend Up to 2 years per extension; There are no maximum number of extensions, with some exceptions.

 Dependents:

 The spouse and unmarried children under 21 years of age are entitled to the same E-3 classification. Your spouse is entitled to work authorization.

Contact us for more details about work authorization.