Treaty Trader (E-1), Treaty Investor (E-2), Australian Specialty Occupation Worker (E-3)
The E category includes 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. This category also includes Australian specialty occupation workers.
Treaty traders pursue substantial trade in goods, including but not limited to services and technology, principally between the U.S. 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.
Before entering the U.S., treaty traders or investors must apply for 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 that is already in the U.S. USCIS processes change of status and extensions of stay requests for nonimmigrants whose companies have filed such petitions.
Australian Specialty Occupation Worker (E-3)
Australian specialty occupation workers perform services in a specialty occupation. Before entering the U.S., 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 U.S. USCIS processes change of status and extension of stay requests for nonimmigrants whose companies have filed such petitions.
In Section 1 of Form I-9, Employment Eligibility Verification, the employee in E status should check “An alien authorized to work” and enter the admission number and expiration date of their status as indicated on Form I-94. The employee’s unexpired Form I-94 or Form I-94A Arrival/Departure Record together with their unexpired foreign passport is acceptable for Form I-9 purposes as a List A document. For completing Section 2 (or Section 3 for reverification), employers should follow the applicable instructions.
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 information line at 1-800-357-2099.