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.
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
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.
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.
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.