What is an E Visa?

An E visa is given to foreign nationals if they meet certain treaty or international agreement-related criteria related to trading and/or investing.

The United States has entered into Treaties of Friendship, Commerce, or Navigation, Bilateral Investment Treaties, and Free Trade Agreements with more than 78 countries. Some of those treaties accord foreign nationals visa privileges under section 101(a)(15)(E) of the Immigration and Nationality Act. Some treaties allow foreign nationals from the treaty country to come to the U.S. as a treaty trader, treaty investor, or both depending on the terms of the treaty executed between the two countries. For example, if a foreign national wishes to come to the U.S. in treaty investor status but the terms of the treaty do not provide for treaty investor status, then that foreign national cannot qualify for that visa category. If the U.S. does not have a treaty with your country allowing for entrance on an E visa, you don't qualify under this visa category.

To learn more about the E Visa, contact Attorney Maria M. Cordon to schedule an immigration consultation.

Who is in charge of establishing these treaties within the U.S. department of homeland security?

Because these are treaties between countries, Dept. of State guidelines and regulations control the issuance of an E visa not USCIS. That means that a foreign national from a treaty country can apply directly for E status with an Embassy or Consulate in their home country without obtaining petition approval from USCIS first.

What types of E visas are there?

There are 3 types of E visas: treaty trader, treaty investor, specialty occupation workers from Australia and they are discussed below:

What is a treaty trader (E-1 Visa)?

Both USCIS and the State Department allow a foreign national to obtain treaty trader status to carry on trade of a substantial nature, which is international in scope. Foreign nationals must be essential workers, management, or executives.

What is a treaty investor or an E-2 Visa?

Both USCIS and the State Department allow a foreign national to obtain treaty investor status to invest or planning to invest large sums of money in a business in the U.S. Both discourage smaller investments in questionable businesses for the purpose of earning a living. The foreign national must be coming to the United States to work as an executive, manager, or "essential" worker.

What is an E-3 Visa?

E-3 visas apply to Australian nationals, their spouses, and their children. E-3 principal applicants must have an employment specialty as defined by H-1B criteria.

Can E spouses and children live and work in the United States?

Admissible accompanying or following to join spouses and dependent children under 21 can live in the US during the same time period as the principal foreign national.  Spouses can apply for employment authorization. The nationality of a spouse or child is not material. Family is allowed to bring domestic help if they meet certain regulatory requirements.

How can we help you?

Although we will not help you locate a business in which to invest, we will assist you in ensuring that it is structured in manner that complies with E visa regulations. We will also provide guidance to help you obtain the supporting documentation you will need to prove your case. We will prepare all immigration or consular documentation necessary to properly submit your case. We will review all supporting documentation and point out strengths and weaknesses or problem areas in your case.

To learn if an E Visa is right for you, please contact Immigration Lawyer Maria M. Cordon to schedule an immigration consultation.