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Immigration Visas to the United States - E Type Visas

Updated: Aug 4, 2023



In General

A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship.

Certain international travelers may be eligible to travel to the United States without a visa if they meet the requirements for visa-free travel. The Visa section of this website is all about U.S. visas for foreign citizens to travel to the United States.

A visa is the name given to the permission that the United States issues a person, under certain conditions, to enter the United States. Visas can be characterized or differentiated according to the requirements that need to be met, the limitations the visa bears, the permissions the visa allows, non-immigrant visas vs immigrant visas, and the length of the visa.


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Visas and immigration to the United States can be divided into three main categories:

  1. Tourism related visas

  2. Work related visas

  3. A Permanent Resident Visa (also known as a "Green Card")

E Visas

Is a non-immigrant type of visa known as the "treaty trader visa" or "treaty investor visa".

E visas to the United States are further divided into E-1, E-2, and E-3 visas. E-1 visas are known as treat trader visas, while E-2 visas are known as treaty investor visas, and E-3 visas are for Australian in Specialty Occupations.E visas are for citizens of countries with which the United States maintains treaties of commerce and navigation.

Reasons to obtain an E visa to the United States may include (yet not limited to) engagement in substantial trade (including technology, international banking, insurance, transportation, tourism, and communications; Development and directing the operations of an enterprise in which you have invested a substantial amount of capital; National of Australia working solely in a specialty occupation.

In the case of E-1 visas, more specific criteria to meet include being a citizen of a treaty country; The trading firm must have the nationality of the treaty country; Firms owner must be from a treaty country’s and own at least 50% of the enterprise; The international trade must be substantial (sizable and continuing volume); More than 50% must be between the United States and the treaty country; Trade includes the exchange of goods, services, and technology; Possession and title of the items traded must pass from one party to the other; The visa requester must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills crutIal to the efficient operation of the firm

In the case of E-2 visas, more specific criteria to meet include the investing party (person, partnership or corporate entity), must have the citizenship of a treaty country; 50% of a business must be owned by persons with the treaty country’s nationality; The investment must be substantial, with investment funds or assets committed and irrevocable; Invested funds or assets must be sufficient to ensure the successful operation of the enterprise; The investment must be in a real operating enterprise, an active commercial or entrepreneurial undertaking; It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States; The visa requester must have control of the funds, and the investment must be at risk in the commercial sense; The visa requester must be coming to the United States to develop and direct the enterprise or be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity.

In the case of E-3 visas, more specific criteria to meet include an approved Labor Condition Application (LCA) issued by the Department of Labor (DOL); Prospective employment meets the standard of being a “specialty occupation employment.”; Necessary academic qualifications for the job have been met.

The following reasons do not apply to C visas as reason for travel (yet not limited to): A paper organization, speculative or idle investment does not qualify; Uncommitted funds in a bank account or similar security are not considered an investment; Loans secured with the assets of the investment enterprise are not allowed; Ordinary skilled and unskilled workers do not qualify.


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