The E category includes treaty traders and investors who come to the United States under a treaty of commerce and navigation between the United States and the country of which the treaty trader or investor is a citizen or national. This category also includes Australian specialty occupation workers.
Treaty traders carry on substantial trade in goods, including but not limited to services and technology, principally between the United States and the foreign country of which they are citizens or nationals.
Treaty investors direct the operations of an enterprise in which they have invested, or are actively investing, a substantial amount of money.
Australian specialty occupation workers perform services in a specialty occupation.
Before entering the United States, treaty traders or investors must apply and receive an E-1 or E-2 visa from a U.S. consulate or embassy overseas. However, a U.S. company may also request a change of status to E-1 or E-2 for a nonimmigrant who is already in the United States. USCIS processes change of status and extensions of stay requests for nonimmigrants whose companies have filed such petitions.
Before entering the United States, Australian specialty occupation workers must apply for and receive an E-3 visa from a U.S. consulate or embassy overseas. However, a U.S. company may also request a change of status to E-3 for a nonimmigrant who is already in the United States. USCIS processes change of status and extension of stay requests for nonimmigrants whose companies have filed such petitions.
For more information on treaty traders, treaty investors and Australian specialty workers:
Call our Employer, Business, Investor and School Services (EBISS) information line at 1-800-357-2099.
Once USCIS approves the employee’s extension of stay, the employer will receive an approval notice, which includes the employee’s Form I-94 indicating the employee’s work authorized nonimmigrant status. The employer should give the Form I-94/I-94A to the employee. In Section 1 of Form I-9, the employee in E status should check “An alien authorized to work” and write the Admission number and expiration date of his or her status as indicated on Form I-94 in the space provided. The employee’s unexpired Form I-94/I-94A together with his or her unexpired foreign passport are acceptable for Form I-9 purposes as a List A document. For completing Section 2 (or Section 3 if reverifiying), employers should follow the applicable instructions.