The E visa is a non-immigrant visa category that allows foreign nationals from certain treaty countries to enter the United States for business or investment purposes. The E visa is designed to facilitate international trade and investment by providing a way for individuals involved in these activities to live and work in the U.S. for a temporary period. There are two main types of E visas: E-1 (Treaty Trader Visa) and E-2 (Treaty Investor Visa).

E-1 Visa (Treaty Trader Visa)

The E-1 visa is for individuals or employees of companies that are engaged in substantial trade between the U.S. and the visa holder’s home country, which must have a valid treaty of commerce and navigation with the United States.

Eligibility for E-1 Visa

• Nationality: The applicant must be a national of a country that has a treaty of commerce and navigation with the U.S. This includes countries like the U.K., Japan, Germany, and others.
• Trade Requirement: The applicant must be involved in substantial trade (the exchange of goods, services, or technology) between the U.S. and the treaty country. This includes activities such as importing, exporting, or other commercial transactions.
• Principal Role: If the applicant is an employee of a company, they must be in a supervisory, executive, or highly specialized role related to the trade activities.
• Trade Volume: The trade must be continuous and at a significant volume. This can include goods, services, or intangible assets like patents or technology.

Duration of Stay for E-1 Visa

• The E-1 visa is typically granted for an initial period of up to two years. However, it can be extended in increments of two years as long as the treaty trader’s business activities remain operational and meet the visa requirements.
• There is no limit on the number of extensions, as long as the applicant continues to meet the requirements.

Family Members

• Spouse and children under 21 can accompany the principal E-1 visa holder under the E-1 dependent visa. The spouse can apply for work authorization once in the U.S.

E-2 Visa (Treaty Investor Visa)

The E-2 visa is for individuals or employees of companies that are involved in substantial investment in a U.S. business, again with a requirement that the applicant’s country has a treaty with the U.S.

Eligibility for E-2 Visa

• Nationality: The applicant must be a national of a country that has a treaty of commerce and navigation with the U.S.
• Investment Requirement: The applicant must have made a substantial investment in a U.S. business. The investment must be enough to ensure the successful operation of the business, though there is no fixed amount. Typically, investments of $100,000 or more are considered substantial, though lower amounts can be considered depending on the nature of the business.
• Control: The applicant must have control over the investment, meaning they must be an owner or a key executive in the business.
• Business: The business must be real, active, and operating, and the investment must be directed toward the success of the business, not just to generate passive income.
• Development and Direction: The applicant must be coming to the U.S. to develop and direct the business. The role must be a managerial or executive position, or a position that involves critical skills that are essential to the success of the business.
• Temporary Nature: The E-2 visa is for a temporary stay, with the applicant intending to return to their home country once their business in the U.S. has concluded.

Duration of Stay for E-2 Visa

• The E-2 visa is typically granted for an initial period of up to two years, but the stay can be extended in increments of two years as long as the business continues to operate successfully.
• There is no maximum limit on the total number of extensions, as long as the applicant maintains the requirements.

Family Members

• The spouse and children under 21 can accompany the E-2 visa holder under the E-2 dependent visa. Spouses can apply for work authorization once in the U.S., allowing them to work for any employer in the country.

E-3 Visa (For Australian Professionals)

The E-3 visa is a unique visa category specifically for Australian nationals who are coming to the U.S. to work in a specialty occupation. While the E-3 visa is similar to the H-1B visa, it is available only to Australian citizens.

Eligibility for E-3 Visa

• Nationality: Only Australian nationals are eligible.
• Specialty Occupation: The applicant must have a job offer from a U.S. employer in a specialty occupation, which typically requires at least a bachelor’s degree or equivalent in a specific field.
• Labor Condition Application (LCA): The employer must file an LCA with the Department of Labor, demonstrating that the wage offered meets the prevailing wage for the occupation.

Duration of Stay for E-3 Visa

• The E-3 visa is initially granted for up to two years, and extensions are available in two-year increments.

E Visa Application Process

1. Petition and Application
   • E-1 and E-2 Visa: Applicants typically don’t need to file a petition with USCIS before applying for the visa. Instead, they can apply directly at a U.S. embassy or consulate in their home country.
   • E-3 Visa: Australian nationals can apply directly at the U.S. embassy or consulate without the need for a petition if the job offer is valid.
2. Documentation
   • Applicants must provide supporting documents to demonstrate their eligibility, including proof of nationality, proof of trade or investment, and evidence of the substantial nature of the business.
   • For E-2 visa applicants, evidence of the investment amount and control over the business must also be provided.
3. Visa Interview
   • Most E visa applicants must attend a visa interview at the U.S. embassy or consulate.
   • During the interview, the consular officer will review the applicant’s qualifications and business plans to ensure they meet the visa requirements.
4. Visa Issuance
   • If approved, the applicant will receive an E visa, allowing them to enter the U.S. and engage in the approved activities related to their trade or investment.

E Visa Benefits

• Dual Intent: The E-1 and E-2 visas allow for dual intent, meaning that the visa holder can apply for permanent residency (Green Card) while in the U.S. without jeopardizing their non-immigrant status.
• Family Members: Spouses and children of E visa holders can accompany them to the U.S. under E-2 or E-1 dependent visas. The spouse can also apply for work authorization.
• Multiple Entries: E visa holders can typically enter and exit the U.S. multiple times during the validity of the visa.
• Entrepreneur and Investor Flexibility: The E visa is particularly advantageous for entrepreneurs, traders, and investors who want to manage or operate a business in the U.S. without needing to pursue a more complicated immigration process.

E Visa Limitations

• Country Restrictions: The E visa is only available to citizens of countries with which the U.S. has a treaty of commerce and navigation. Not all countries qualify.
• Investment and Trade Requirements: For the E-2 visa, applicants must have made a substantial investment in a U.S. business. The E-1 visa requires a significant volume of trade between the U.S. and the treaty country. These requirements can be difficult for some businesses to meet.
• Temporary Stay: The E visa is a temporary visa, meaning that the holder must maintain an intent to return to their home country once the purpose of their visit is completed.

Conclusion

The E visa is a valuable tool for entrepreneurs, investors, and employees of businesses involved in trade or investment between the U.S. and treaty countries. It offers opportunities for temporary residence and work in the U.S., with the possibility of renewing the visa as long as the business remains active and continues to meet the requirements. The E-1 and E-2 visas are particularly attractive for international business owners and employees who want to expand or manage U.S. operations.