Last Updated on August 30, 2024
An E visa is a temporary work visa that allows foreign national employees to enter the U.S. for employment or investment. Foreign entities may also use an E visa to establish a commercial presence in the U.S.
The E visa is a popular visa for both employers and employees. Its flexible duration and the option for an extension make it easier to plan longer-term stays in the U.S.
E visas permit investors and treaty traders to work in the U.S., provided they are citizens or nationals of a country that has a treaty of commerce and navigation with the U.S.
What Types of E Visas Are Available?
There are several categories of E visas available for foreign employees, including:
- E-1
- E-2
- E-3
The E-1 visa allows a treaty trader to enter the U.S. to conduct “substantial trade” in goods, primarily technology and services.
The E-2 visa is designed for treaty investors who direct or manage an organization’s operations. It allows employees to invest a “substantial” amount of money in an enterprise in the U.S.
A third E visa category, the E-3 visa, is reserved for Australian workers who will be employed in a specialty occupation upon entering the U.S.
For more information on the three visas available for foreign workers, see Envoy’s dedicated page on E visas.
Who Is Eligible for an E Visa?
Employees must meet certain eligibility criteria to apply for an E visa. Some requirements apply to all E visa categories, but employees will likely have to meet other visa-specific criteria depending on which type of E visa they are applying for.
To qualify for an E-1 visa, individuals must be nationals of a country with which the U.S. maintains a trade and navigation treaty. They are required to carry on substantial trade between the U.S. and their country of origin.
For an E-2 visa, individuals must be nationals of a country with which the U.S. maintains a treaty of trade and navigation. They are required to have invested or actively invested substantial capital in a U.S. enterprise and enter the U.S. solely to develop and direct their enterprise.
NOTE: Individuals can also qualify for an E-1 or E-2 visa as employees of a treaty trader or investor. To qualify, individuals must have the same nationality as their primary employer. They must meet the definition of an “employee” under applicable law and perform executive or managerial duties. They must show special qualifications if they are employed in a lower-level position.
To be eligible for an E-3 visa, employees must be Australian nationals and have an offer of employment in the U.S. Proof of requisite academic or other qualifying credentials is mandatory. Additionally, they must show proof of employment in a specialty occupation, which can be satisfied by providing a job contract or an offer letter from a U.S. employer describing the particulars of the role.
What Is the E Visa Application Process?
Entities must typically apply at U.S. embassies or consulates abroad to secure an E visa for their employees. A consular interview may be required. Employees must obtain the E visa in their passports before entering the U.S.
The filing requirements for an E-3 visa are different. While employers can only apply for an E-1 or an E-2 visa outside the U.S., an E-3 visa application may be submitted outside the country or from within the U.S.
Filing requirements can change over time, so please check with USCIS for the most up-to-date filing requirements, which include a Form I-129, a Labor Condition Application (LCA), academic or professional credentials demonstrating qualifications for the position, and a job offer verifying that the individual will be working in a specialty occupation and will earn at least the requisite prevailing wage.
How Long Is an E Visa Valid?
An E visa is valid for two years and can be extended in two-year increments. The total stay in E status can vary based on the employer’s and individual’s circumstances.
What Countries Qualify for E Visas?
Many countries qualify for an E visa, including Argentina, Austria, Bolivia, Chile, Germany, Italy, Spain, and the U.K. Additional information is available on the U.S. Department of State’s Treaty Countries webpage. This page provides a current list of countries with a commerce treaty or navigation with the U.S.
How Long Does It Take To Get an E Visa?
Application times for an E visa can vary, so employers should start the application process as soon as possible. There are multiple steps involved in applying for an E visa, which means planning and preparation should begin well in advance of when the employee intends to travel to the U.S. HR managers should make sure that their employees have all the documentation and supporting evidence required ahead of time when they begin the filing process to avoid delays.
How Are Employers Notified When USCIS Processes an E Visa?
After receiving a complete E visa application, USCIS will provide employers with updates on the application’s status by providing Receipt Notices, Requests for Evidence (RFEs), or Approval/Denial notices. Applicants may be required to schedule a biometrics appointment, and USCIS will send a biometrics appointment notice with the date and time if an appointment is mandatory.
Envoy is pleased to provide you this information, which was prepared in collaboration with Frank J. Fogelbach, who is a Supervising Attorney at Corporate Immigration Partners (CIP), one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the “U.S. Law Firms”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative.
