Businesses that trade with or invest in the United States, and the employers who hire foreign talent, may also have another route to consider besides the standard employment visa: the E visa. For permanent residence, the employment-based (EB) green card categories are the next step. The E category covers treaty traders (E-1), treaty investors (E-2) and Australian professionals in specialty occupations (E-3). International Immigration Boutique, in Vienna, Virginia, has 25 years of experience helping companies, investors and individuals with immigration. We help employers and entrepreneurs decide whether an E visa fits and then prepare the case.
E-1 Treaty Trader
The E-1 is for nationals of a treaty country who come to the United States to carry on substantial trade, principally between the United States and their treaty country. The company must generally be at least half owned by nationals of the treaty country. Executives, supervisors and employees with essential skills of a qualifying company, who share the same nationality, may also qualify. The trade must be real and ongoing, not just planned.
E-2 Treaty Investor
The E-2 is for nationals of a treaty country who invest a substantial amount of capital in a real, operating U.S. business, and who will develop and direct it. The law sets no fixed minimum, so what counts as substantial depends on the size and type of the business. The investment must be at risk, the business must be more than marginal, and it must generate more than just a living for the investor and family. Executives, managers and essential employees of a qualifying business, who share the investor’s nationality, may also qualify. The E-2 does not use a prevailing wage rule, but pay and roles still need to make sense for the business.
E-3 Australian Specialty Occupation
The E-3 is for Australian citizens who will work in a specialty occupation, generally one that requires at least a bachelor’s degree or equivalent in a specific field. Unlike the E-1 and E-2, the E-3 is tied to a U.S. employer offer. The employer first files a Labor Condition Application with the Department of Labor, agreeing to pay at least the prevailing wage, and the worker then applies at a U.S. consulate. The E-3 has its own annual limit of 10,500 initial principal applicants. A change of employer generally requires a new Labor Condition Application.
How long E visas last
E-1, E-2 and E-3 workers are generally admitted for up to two years at a time. E-1 and E-2 status can usually be extended as long as the business and the applicant continue to qualify, and E-3 status can be renewed in two-year increments with no fixed overall limit. Because these are temporary visas, E-1 and E-2 applicants must show they intend to leave when their status ends.
Family members
Spouses and unmarried children under 21 may be eligible for E status. Spouses of E-1, E-2 and E-3 workers are generally authorized to work in the United States, and children are not. Spouses should bring the correct admission record, since it serves as proof of work authorization.
What employers and investors need to prove
- That the person or business holds the qualifying nationality of a treaty country
- For E-1: the volume, continuity and substantiality of trade with the treaty country
- For E-2: the source and amount of the investment, the business plan and the job-creating potential
- For E-3: the specialty occupation, the worker’s qualifications and an approved Labor Condition Application
- For employees: executive, supervisory or essential skills and matching nationality
Employment-Based Green Cards (EB-1 to EB-5)
E visas are temporary. For employers who want to keep a worker permanently, and for professionals and investors who want permanent residence, the employment-based (EB) immigrant categories lead to a green card. Some people use an E, O, H or L visa first and move to an EB category later, so it helps to plan the two together.
EB-1: priority workers
The EB-1 has three parts: EB-1A for people with extraordinary ability in the sciences, arts, education, business or athletics, who can often self-petition without a job offer; EB-1B for outstanding professors and researchers, who need an employer; and EB-1C for certain multinational managers and executives transferred by a related company.
EB-2: advanced degrees, exceptional ability and national interest waivers
The EB-2 is for professionals with an advanced degree and for people of exceptional ability. It usually requires a U.S. employer and a labor certification (PERM). A national interest waiver can excuse both the job offer and the labor certification when the person’s work is of substantial merit and national importance, and they can self-petition.
EB-3: professionals, skilled workers and other workers
The EB-3 covers professionals with a bachelor’s degree, skilled workers and other workers, and generally requires an employer sponsor and a labor certification.
EB-4: special immigrants
The EB-4 covers certain special immigrants, such as some religious workers. These cases have their own rules.
EB-5: immigrant investors
The EB-5 gives permanent residence to investors who put capital at risk in a new commercial enterprise that creates at least ten full-time U.S. jobs. The minimum investment is currently $1,050,000, or $800,000 in a targeted employment area or qualifying infrastructure project. The amounts are scheduled to adjust for inflation, so we confirm the current figure before you invest.
How employer-sponsored green cards work
For most EB-2 and EB-3 cases, the employer first obtains a labor certification from the Department of Labor, showing that it tried to recruit U.S. workers and will pay at least the prevailing wage. The employer then files an immigrant petition (Form I-140). Finally, the worker applies for the green card, either by adjusting status inside the United States or through a U.S. consulate. Waiting times depend on the category and the worker’s country of birth, and some people must wait years for a visa number. We help employers plan ahead so workers can keep valid status while they wait.
How we can help
- Checking whether your country has a treaty with the United States and which category fits
- Structuring the business, investment and ownership so that they meet the rules
- Preparing the business plan, financial evidence and employer documents
- Filing the Labor Condition Application for E-3 hires
- Handling consular applications, changes of status, extensions and employer changes
- Preparing labor certifications (PERM), immigrant petitions and green card applications for EB-1 through EB-5
- Looking at other options if an E visa is not the best fit, such as H-1B, L-1 or O-1 visas
Frequently asked questions
Which countries qualify for E visas?
The E-1 and E-2 are available only to nationals of countries that have a qualifying treaty with the United States, and the list changes over time. The E-3 is limited to Australian citizens. We confirm eligibility against the U.S. Department of State’s current treaty list.
How much do I have to invest for an E-2?
There is no set dollar amount. The investment must be substantial for the type of business and enough to make the business likely to succeed. We help you judge that before you commit funds.
Can I apply from inside the United States?
Often an E visa is requested at a U.S. consulate abroad, but in some cases a change or extension of status can be requested from within the United States. Which is better depends on your situation.
Can an E visa lead to a green card?
The E visa is temporary, but some people later move to permanent residence through another category. We plan the long-term path with you from the start.
Talk to an immigration attorney
To discuss an E-1, E-2 or E-3 case, call 202.449.8544 or email info@iimmlaw.com. Our office is at 1604 Spring Hill Rd, Suite 210, Vienna, VA 22182.
This page is general information, not legal advice. Immigration law and agency policies change, and the right option depends on your facts. Contact us for advice about your situation.