Skip to main content
This is the USCIS preview website. Visit uscis.gov for the official USCIS site.
USCIS Response to Coronavirus (COVID-19)
U.S. flag
An official website of the United States government    Here's how you know
Español
Multilingual Resources
Official Government Website

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Website

Secure .gov websites use HTTPS
A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
 
Sign In  
Access USCIS online services.
  • Sign In
  • Create Account
Sign In
Create Account
Horizontal Menu
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
  • Contact us
  • Multilingual Resources
  • Ask Emma
Main navigation
Skip to main content
  • Forms
    • All Forms
    • Explore My Options
    • Filing Guidance
      • Tips for Filing Forms by Mail
      • Forms By Mail
      • Expedite Request
      • Preparing for Your Biometric Services Appointment
      • How to Change Your Address
      • Card Delivery Tracking
      • Paperwork Reduction Act
    • Filing Fees
      • Fee Schedule
      • Fee Calculator
      • USCIS Immigrant Fee
        • USCIS Immigrant Fee Payment Guide
        • How to Pay the USCIS Immigrant Fee
        • Identity Verification and the USCIS Immigrant Fee
        • Tips on Finding Your A-Number and DOS Case ID
      • Forms Processed at USCIS Lockbox Facilities
      • Poverty Guidelines
      • Fee Waiver Guidance
      • Additional Information on Filing a Reduced Fee Request
      • Pay With a Credit Card
    • Forms Updates
      • 2D Barcode Requirements
      • Lockbox Filing Location Updates
      • Workload Transfer Updates
    • Department of State (DS) Forms and Other Non-USCIS Forms
Breadcrumb
  1. Home
  2. Forms
  3. Explore My Options
  4. E Visas (E-1, E-2, and E-3) for Temporary Workers

E Visas (E-1, E-2, and E-3) for Temporary Workers

Three men and two women looking at the camera and smiling.

The E visa 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 they are a citizen or national. This category also includes Australian specialty occupation workers.

Eligibility

Before entering the United States, treaty traders or investors and Australian specialty occupation workers must apply and receive an E-1, E-2, or E-3 visa from a U.S. consulate or embassy overseas. A U.S. company may also request a change of status to E-1, E-2, or E-3 for a nonimmigrant that is already in the United States.

Treaty traders (E-1) conduct substantial trade in goods, including but not limited to services and technology, mainly between the United States and their country of origin of which they are citizens or nationals.

Treaty investors (E-2) invest a substantial amount of money and direct the operations of an enterprise they have invested in, or are actively investing in.

Australian specialty occupation workers (E-3) perform services in a specialty occupation.

See U.S. Department of State's Treaty Countries for a current list of countries the United States maintains a treaty of commerce and navigation with.

General Eligibility for E-1 Classification

To qualify for E-1 classification, you must:

  • Be a national of a country the United States maintains a treaty of commerce and navigation with;
  • Carry on substantial trade; and
  • Carry on principal trade between the United States and the treaty country which qualified you for E-1 classification.

Substantial trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time. See the E-1 Treaty Traders page for more information.

General Eligibility for E-2 Classification

To qualify for E-2 classification, you must:

  • Be a national of a country the United States maintains a treaty of commerce and navigation with;
  • Have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
  • Be seeking to enter the United States solely to develop and direct the investment enterprise.

See the E-2 Treaty Investors page for more information. There is a different classification for E-2 CNMI Investors.

General Eligibility for E-3 Classification

To qualify for E-3 classification, you must:

  • Be a national of Australia;
  • Have a legitimate offer of employment in the United States;
  • Have the necessary academic or other qualifying credentials; and
  • Fill a position that qualifies as a specialty occupation.

See the E-3 Certain Specialty Occupation Professionals from Australia page for more information.

E-1 or E-2 Classification as an Employee of a Treaty Trader or Treaty Investor

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.

For more information on treaty traders, treaty investors and Australian specialty workers, visit our Temporary Worker page or call our Employer, Business, Investor and School Services (EBISS) information line at 800-357-2099.

How to File

To begin the petition process to adjust your status, you or your employer must:

  • Read the instructions for Form I-129, Petition for a Nonimmigrant Worker;
  • Complete and sign your Form I-129;
  • Pay filing fee(s), if applicable; and
  • Provide all required evidence and supporting documentation.

Want status updates about your case? Learn how to create a USCIS online account to stay informed.

Applying From Within the United States

E-1 or E-2 visas

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.

E-3 visas

You must include the following documents with our Form I-129:

  • A Labor Condition Application (LCA);
  • Academic or other credentials demonstrating qualifications for the position; and
  • A job offer or other documentation from the employer establishing that you will be working in a specialty occupation and that you will be paid the higher of the actual or prevailing wage.

Applying From Outside the United States

E-3 visas

If we approve your Form I-129, we will forward a Form I-797, Notice of Action/Approval, to your employer, who should forward it to you.

Your next step is to apply for a U.S. visa at a U.S. embassy or consulate, generally in your country of residence abroad. Please visit the Department of State’s Temporary Workers webpage for visa information, instructions on how to apply, and U.S. Embassy contact information.

After You File

Once we receive your Form I-129, we will process your application and you will receive a:

  • Receipt notice confirming we received your petition;
  • Biometric services notice, if applicable;
  • Notice to appear for an interview, if required; and
  • Notice of our decision.

After the visa petition is approved, you can apply for an E-1, E-2, or E-3 visa at a U.S. Embassy or Consulate. For more information on visa application processing and issuance fees, see the Department of State website.

Forms and Fees

  • Form I-129
  • Find the fee information on Our Fee Schedule page. 
Last Reviewed/Updated:
12/01/2020
Was this page helpful?
0 / 2000
To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
Return to top
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
Facebook
Twitter
YouTube
Instagram
LinkedIn
Email
Contact USCIS
U.S. Department of Homeland Security Seal

USCIS.gov

An official website of the U.S. Department of Homeland Security

Important links
  • About USCIS
  • Accessibility
  • Budget and Performance
  • DHS Components
  • Freedom of Information Act
  • No FEAR Act Data
  • Privacy and Legal Disclaimers
  • Site Map
  • Office of the Inspector General
  • The White House
  • USA.gov
Looking for U.S. government information and services?
Visit USA.gov