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

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.

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.

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.

• Form I-129
• Find the fee information on Our Fee Schedule page.