E Visas

What is an E-1 Visa?

An E visa is a visa issued to treaty traders and treaty investors who wish to come to the United States under a treaty of commerce and navigation between their country of citizenship or nationality and the United States. The E visa category also includes Australian specialty occupation workers.

An E-1 visa is issued to treaty traders who maintain international trade in an amount enough to justify the worth of the trader to trade successfully in United States. There are no specific mandatory limits on the amount of trade required, however. Employees may also be allowed to come to the U.S. with the treaty trader, if qualified.

What are the Requirements for an E-1 Visa?

To be eligible for an E-1 visa, you must:

  • Be a national of a country with which the United States maintains treaty relations of navigation and commerce
  • Have substantial trade running with the country
  • Have a principal trade that is listed in the navigation and business treaty of the United States
  • Exchange items between the treaty country and the United States, such as goods, services, banking, insurance, transportation, tourism, technology, or news information

What is an E-2 Visa?

An E-2 visa is issued to treaty investors to enter the U.S. to maintain significant investments with U.S. The investment amount should be enough to justify the worth of the investor. There are no specific mandatory limits on the amount of investment required, however. Employees may also be allowed to come to the U.S. with the treaty investor, if qualified.

What are the Requirements for an E-2 Visa?

To be eligible for an E-2 visa, you must:

  • Be a national of a country with which the United States maintains treaty relations of navigation and commerce
  • Be an active investor in an affiliated organization of the U.S.
  • Enter the U.S. only to direct investment to U.S. enterprises
  • Be placing significant capital or funds in order to gain profits from them

Which Countries Have Treaties with the U.S. that Allows for an E Visa?

In order to obtain an E visa in Los Angeles, you must be from a country that has formed a treaty of continuous trade and investment with the United States.

E-1 visa countries include: Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, Chile, China, Columbia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, South Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Singapore, Slovenia Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey and United Kingdom.

E-2 visa countries include: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China, Columbia, Congo, Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Singapore, Slovak republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine and United Kingdom.

What is an E-3 Visa?

An E-3 visa is issued to Australian nationals who have a legitimate offer of employment, coming to the U.S. solely to perform specialty occupation services. The specialty occupation must:

  • Require theoretical and practical application of a body of knowledge in professional fields
  • Require a bachelor’s degree, or its equivalent, as a minimum requirement

How Long Can You Stay in the U.S. on an E Visa?

Once an E visa is approved, you are allowed a maximum initial stay of two years in the United States. An extension of stay is sometimes granted for additional increments of up to two years, with no maximum limit of allowed extensions. However, the E visa holder must always maintain an intention to eventually leave the U.S. when their E visa status terminates or expires.

Can Your Spouse and Children Accompany You to the U.S.?

It is possible for your spouse and unmarried children under the age of 21 to come with you to the U.S. while you are on your E visa status. They will need to apply for an E visa dependent status in order to accompany you. Their E visa dependent status will end when your E visa status ends. While on an E visa, your child dependents are not eligible to work in the U.S., but they may study full-time or part-time. Your spouse may work in the U.S. while on an E visa dependent status.

Common Problems with an E Visa Petition

You have the burden of proof to show that you qualify for an E visa, and this can sometimes be difficult to do. Sufficient and organized documentary evidence is required in order to receive an approval. E visas for specialists, skilled workers, executives, and managers are often difficult to obtain. You must show that a U.S. worker cannot fill the position, that your employment is necessary for the investor business in the U.S., and that a U.S. worker will be trained to replace you. Many times, USCIS will respond to your petition with a Request for Evidence, requiring you to explain parts of your petition in more detail or provide additional documentation. These requests must be adequately responded to in a timely manner or your petition will be denied.

If there is any substantive change in your employer while you are on an E visa, such as a merger, acquisition, or major event that affects your approved relationship with your employer, you must obtain approval from USCIS.

How a Los Angeles Immigration Lawyer Can Help

If you are filing an E visa petition to come to California, let us help you. At the Law Offices of Joshua Goldstein, our immigration lawyers are highly experienced and have successfully prepared and obtained approval for numerous E visa petitions. We will guide you through this complex immigration process and help find and resolve any issues that may only be apparent to an experienced immigration lawyer.

Call us today at (213) 262-2000. Schedule a consultation to learn more about the E visa and how our experienced immigration lawyers can help you.