Treaty merchants and investors who travel to the United States in accordance with a treaty of commerce or navigation between the United States and the nation they are a citizen or national of fall under the E visa category. Australian employees in specialized occupations are also included in this group.
Eligibility
Treaty traders, investors, and Australian employees in speciality occupations must apply for and get an E-1, E-2, or E-3 visa from a U.S. consulate or embassy abroad before visiting the United States. A U.S. business may also ask for a nonimmigrant who is currently in the country to modify their status to E-1, E-2, or E-3. Treaty merchants (E-1) primarily trade items between the United States and the countries of their nationality or citizenship, including but not limited to services and technology. Treaty investors (E-2) make a large financial commitment and manage the day-to-day operations of a business they have invested in or are actively pursuing. Workers from Australia who are in a speciality occupation (E-3) provide services.
General Eligibility for E-1 Classification
In order to be classified as E-1, you must: Be a citizen of a nation with whom the United States has a treaty governing commerce and navigation; engage in significant trade; and conduct the main commerce between the United States and the treaty nation that made you eligible for E-1 classification. The continuous flow of large international commerce products, including several transactions over time, is referred to as substantial trade. To learn more, see the E-1 Treaty Traders website.
You cannot apply for E-1 or E-2 status from outside of the U.S. There is a different classification for E-2 CNMI-Only Investors.
- General Eligibility for E-2 Classification
- General Eligibility for E-3 Classification
- E-1 or E-2 Classification as an Employee of a Treaty Trader or Treaty Investor
General Eligibility for E-2 Classification
In order to be classified as E-2, you must: possess citizenship in a nation with whom the United States has a trade or navigation agreement; Have invested, or are actively pursuing investing, a substantial sum of money in a legitimate business in the United States; and Be looking to enter the country only to build and manage the investment venture. For additional information, see the E-2 Treaty Investors website. Investors in the E-2 CNMI are categorized differently.
General Eligibility for E-3 Classification
In order to be classified as E-3, you must: Being an Australian citizen, having a valid job offer from a company in the US, having the required academic or other qualifications, and working in a speciality occupation are all requirements. For additional details, see the E-3 Certain Specialty Occupation Professionals from Australia website.
E-1 or E-2 Classification as an Employee of a Treaty Trader or Treaty Investor
To qualify for E-1 or E-2 classification, you must: Be the same nationality as the main alien employer (who must have the nationality of the treaty country); Meet the definition of “employee” under relevant law; and Be either engaging in duties of an executive or supervisory position, or if employed in a lesser capacity, have special qualifications.
