Last Updated on May 29, 2024
Overview of the E Treaty Visa
HR and global mobility professionals know how important international trade and business negotiations are in today’s interconnected world. The U.S. maintains a network of commerce and navigation treaties with numerous countries worldwide.
U.S. Consulates, Embassies and U.S. Citizenship and Immigration Service (USCIS) play a critical role in administering visas tailored to individuals from treaty countries, opening new possibilities for you and your team.
However, navigating the complexities of work-authorized visas under these treaties requires a nuanced understanding of the E treaty visas.
Our E Treaty Visa blog is a resource for understanding visas managed under U.S. international trade agreements. The guide provides an overview of the various types of E visas by country and comprehensive insights into eligibility criteria, application procedures and more.
What Is the E Treaty Visa?
The E visa is for treaty traders and investors who come to the U.S. under a treaty of commerce and navigation between the U.S. and the country of which the treaty trader or investor is a citizen or national.
The E visa category also includes Australian specialty occupation workers.
E Visa Eligibility
Foreign nationals sharing the same nationality as the company or person that owns the sponsoring U.S. entity may apply for an E-2 visa.
There are three types of individuals eligible for an E-2 visa:
- A foreign national investor with a sizable stake in a U.S. entity (at least 50% ownership must always be held)
- A managerial or executive employee of a foreign investing corporation maintaining controlling interest at all times, with at least 50% ownership
- An essential employee of a foreign investing corporation with key skills that allow for performing specific job functionalities
E Treaty Visa: Special Investor Requirements
Foreign nationals may meet certain requirements to qualify as special investors and receive an E visa. The requirements for special investors can be found below:
What Are the E Visa Treaty Countries?
Examples of treaty countries include Australia, Belgium, Columbia, Egypt and many more. For a full list of treaty countries, visit the U.S. Department of State’s website.
What Is the E-2 Treaty Visa?
Applicants use the E-2 Treaty Visa to enter the U.S. solely to develop and direct an enterprise in which they have invested a substantial amount of capital. The primary visa holder’s spouse and children may also be granted an E-2 dependent visa.
How to Obtain An E-2 Visa
To obtain an E-2 investor visa, the applicant must:
- Be sufficient to ensure the success of the operation
- Lead to a fully operational commercial or entrepreneurial undertaking
- Generate more income than to provide a living for the traveler’s family, or it should majorly impact the U.S. economy
E-2 and E-3 Visa Application and Filing Fees
As of April 1, 2024, these are the current E visa fees:
- I-129 E and TN: $460 to $1,015
- Premium processing fees have increased from $2,500 to $2,805. USCIS will adjudicate the E-2 petition—meaning they will approve, issue a request for evidence or deny the petition—within 15 business days.
How Long Does An E-2 Visa Last?
Applicants have an initial stay of two years. They can then apply for extensions in two-year increments. As such, the total stay for an individual on the E-2 visa varies.
If the temporary nature of the assignment changes, please speak with your attorney.
What Is the E-3 Treaty Visa?
The E-3 Certain Specialty Occupation Professional is a visa available to Australian citizens only.
How to Obtain An E-3 Visa
Australian citizens must meet the following eligibility requirements:
- There’s a legitimate offer of employment in the U.S.
- The individual possesses at least a U.S. bachelor’s degree or its equivalent.
- Will fill a specialty occupation that requires a specific skill set or specialized knowledge. Specialty occupations typically include health care, biotechnology, human resources, education, engineering, computer sciences, medicine and more.
- The U.S. employer must make attestations about the wage and working conditions in a Labor Condition Application (LCA), which is submitted to the U.S. Department of Labor (DOL).
How Long Does An E-3 Visa Last?
Applicants have an initial stay of two years. They can then apply for extensions in two-year increments. As such, the total stay for an individual on the E-3 visa varies.
If the temporary nature of the assignment changes, please speak with your attorney.
E Visa Applicants Located Outside the U.S.
If the foreign national is outside the U.S., they likely will need to apply for a visa to enter the U.S. in the specific visa category prior to entering the U.S. in the specific status.
About Envoy Global and the E Visa Process
Envoy Global can help you navigate the treaty visas and other immigration matters by combining top immigration law firms and a robust technology platform. For H-1B visa news, check out our resources page. Or if you’re seeking to simplify your company’s immigration program, contact us to learn more.
Envoy is pleased to provide you with this information, which was prepared in Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.
