You may qualify under the Treaty Trader (E-1), Treaty Investor (E-2), or Australian in Specialty Occupation (E-3) classification for citizens of countries with which the United States maintains treaties of commerce and navigation.
Requirements the E classifications have in common
- Your employer or investment must be an enterprise at least 50% owned by persons in the U.S. of that nationality
- You have to share a nationality with the employer or majority owners of the investment
- Your spouse and children under 21 don’t have to meet this classification and can apply for a dependent visa
- Your spouse may apply for a work authorization
- You must be coming to the U.S. solely to engage in substantial trade between the U.S. and the treaty country of your nationality.
- You intend to depart the United States when the E-1 status terminates.
Different Requirements for different E visas
The E-1 applicant may be an owner or an employee of the company. The employment must be in a managerial capacity or require special technical knowledge similar to what qualifies for an L-1 visa.
The E-2 enterprise (company, corporation, etc.) must involve a substantial amount of capital, rather than a marginal investment solely to earn a living for the investor.
The E-3 visa is for nationals of Australia who wish to enter the United States to perform services in a specialized occupation similar to one required for H-1B visas.
Periods of stay
- Qualified treaty traders (E-1), investors (E-2), specialized occupations (E-3), 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, E-2, or E-3 classification may be granted in increments of up to two years each.
- There is no limit to the number of extensions an E nonimmigrant may be granted. However, you must maintain an intention to depart the United States when their status expires or is terminated.
For more information, please call our office and schedule a consultation with Attorney Sarah Mu to determine your next steps forward.