E Visas are for citizens of countries that maintain treaties of commerce with the United States. The purpose of these treaties is to ease trade and navigation between the citizens of treaty countries and the United States. There are three available E-visa categories, the E-1 Visa for Treaty Traders and the E-2 Visa for Treaty Investors, and the E3 Visa for Australians. We discuss the main differences between the E-1, E-2, and E-3 visa categories here.
What is an E-1 Treaty Trader Visa?
The E-1 Treaty Trader Visa is for citizens of designated E-1 Visa countries whose purpose in the United States is to participate in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country. The E-1 Visa is one of the most underused visa categories and applies to many foreign nationals that conduct substantial trade with the United States. We often see the E-1 visa used for IT companies, consultants, service providers, sole proprietors, and many more. Spouses and children of E-1 Visa holders are able to obtain E-1 visa status. Spouses are provided work authorization. While children can go to school but are not able to work.
What is an E-2 Treaty Investor Visa?
The E-2 Investor Visa is for citizens of designated E-2 Visa countries whose purpose is to develop and direct the operations of an enterprise in which the applicant has invested a substantial amount of capital. The E-2 visa is commonly referred to as the “investor visa” and is the most common among the E-visa categories. We have used the E-2 visa for clients with small to large investments ranging from hair salons to large manufacturing companies. Spouses and children of E-2 Visa holders are able to obtain E-2 visa status. Spouses are provided work authorization. While children can go to school but are not able to work.
What are the countries that qualify for E-1 and E-2 Visas?
The US Department of State maintains a list of countries that qualify for both the E-1 and E-2 visa classifications. You can find the list here.
E Visas for Traders & Investors
What is an E-3 Visa?
The E-3 visa classification is designated for Australian nationals that will be coming to the United States to work in a “specialty occupation.” In general a “specialty occupation” is one that requires at least a bachelor’s degree or the equivalent for entry into the profession. This provides a wide range of occupations and positions that can qualify for E-3 Visa status. Spouses and children of E-3 Visa holders are able to obtain E-3 visa status. Spouses are provided work authorization. While children can go to school but are not able to work.
As an Australian, how do I work in the USA?
Work Authorization for E-Visa Spouses
Additional Outside Resources
- 9 FAM E Visas: Treaty Traders and Investors
- USCIS: E Visas for Treaty Traders and Investors
- US Department of State Treaty Countries
- E-3 Specialty Occupation Workers from Australia
We Can Help!
The immigration lawyers at Richards and Jurusik Immigration Law have more than 30+ years of experience helping foreign nationals to obtain E-1, E-2, and E-3 visas to live and work in the United States. Contact us today for an assessment of your legal situation.
