E Visas

The E visa category is for treaty traders and investors who enter the United States under a treaty of commerce and navigation between the U.S. and their home country. This category also includes Australian workers in specialty occupations.

Eligibility

Before coming to the U.S., treaty traders, investors, and Australian specialty occupation workers must apply for and obtain an E-1, E-2, or E-3 visa at a U.S. consulate or embassy abroad. Alternatively, a U.S. company can request a status change to E-1, E-2, or E-3 for a nonimmigrant already in the U.S.

• E-1 Treaty Traders engage in substantial trade of goods, including services and technology, primarily between the U.S. and their home country.
• E-2 Treaty Investors invest a significant amount of money in an enterprise and oversee its operations or are actively involved in its investment.
• E-3 Australian Specialty Occupation Workers work in specialty occupations in the U.S.

For a list of countries the U.S. has treaties with, refer to the U.S. Department of State’s Treaty Countries list.

General Eligibility for E-1 Classification

To qualify for the E-1 visa, you must:

1. Be a national of a country with which the U.S. has a treaty of commerce and navigation.
2. Engage in substantial trade.
3. Ensure that the principal trade is between the U.S. and the treaty country that qualifies you for the E-1 visa.

Substantial trade generally means the consistent exchange of significant international goods, involving a broad range of transactions.

General Eligibility for E-2 Classification

To qualify for E-2 classification, you must:

1. Be a national of a country with which the U.S. has a treaty of commerce and navigation.
2. Have invested, or be actively in the process of investing, a substantial amount of capital into a legitimate business in the U.S.
3. Be intending to enter the U.S. solely to develop and manage the investment enterprise.

For more details, refer to the E-2 Treaty Investors page. Note that there is a separate classification for E-2 CNMI Investors.

General Eligibility for E-3 Classification

To qualify for E-3 classification, you must:

1. Be an Australian national.
2. Have a valid job offer in the U.S.
3. Possess the required academic qualifications or other credentials.
4. Be filling a position that qualifies as a specialty occupation.