Wizard Results

Overview

Based on your responses, you should apply for a E1, E2 or E3 visa.  

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence.

Treaty Trader (E-1), Treaty Investor (E-2), and Australian in Specialty Occupation (E-3) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, select Treaty Countries .

You must be coming to the United States to:

• • • • engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; or
      • develop and direct the operations of an enterprise in which you have invested a substantial amount of capital; or
      • be a national of Australia working solely in a specialty occupation.

For more information on business investment in the United States, see the U.S. Department of Commerce website SelectUSA .

Treaty Trader (E1) Qualifications:

• • • • You must be a citizen of a treaty country.
      • The trading firm for which you plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise.
      • The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.
      • More than 50 percent of the international trade involved must be between the United States and the treaty country.
      • Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
      • You must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

Treaty Investor (E2) Qualifications

• • • • The investor, either a person, partnership or corporate entity, must have the citizenship of a treaty country.
      • If a business, at least 50 percent of the 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. It must be sufficient to ensure the successful operation of the enterprise.
      • The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
      • 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.
      • You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
      • You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity.  Ordinary skilled and unskilled workers do not qualify.

Australian in Specialty Occupation (E3) Qualifications

• • • • You must have an approved Labor Condition Application (LCA) issued by the Department of Labor (DOL);

      • You must demonstrate that the prospective employment meets the standard of being a “specialty occupation employment”;

        • In determining whether an occupation qualifies as a “specialty occupation,” follow the definition contained in the Immigration and Nationality Act (INA) 214 (i)(1) for H-1B nonimmigrants and applicable standards and criteria determined by the Department of Homeland Security (DHS) and United States Citizenship and Immigration Service (USCIS). Please see the USCIS page on H1B visas for more information.

      • You must demonstrate that the necessary academic qualifications for the job have been met.

For more details on an E Visa, visit Travel.State.gov.

Additional Information

• • • • We cannot guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
      • Spouse and Children –
        • Your spouse and unmarried children under age 21 may apply for visas to accompany or join you to reside temporarily.
        • For information about employment and study, review Treaty Traders (E-1), Treaty Investors (E-2) and Employment Authorization on the USCIS website.
      • Unless canceled or revoked, a visa is valid until its expiration date.  Therefore, a valid U.S. visa in an expired passport is still valid.  If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

Australian in Specialty Occupation (E-3) visa applicants will need the following documents:

• • • • An approved Labor Condition Application (LCA), which the U.S. employer obtains from the Department of Labor.
      • Evidence of academic or other qualifying credentials as required under Immigration and Nationality Act (INA) 214(i)(1), and a job offer letter from the employer.
      • In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.
      • A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the required license will be obtained within a reasonable time after admission.

Be sure to view local information below to determine fees and payment process and additional requirements.

Schedule an Interview

Schedule an interview online  (using the barcode of your Form DS-160) and print the appointment confirmation. Because of space limitations in our public waiting area, only the person with an appointment for an interview will be admitted. Exceptions: Parents or guardians of a minor child who has an appointment, a caregiver for a disabled person, and young children accompanying the person with an appointment will be allowed to enter the waiting area.

Applicants aged 14 – 79 are required (some exceptions for renewals) to book one interview slot each and appear in person for an interview with a consular officer. While an interview is generally not required for children aged 13 and younger or for adults aged 80 and older, please keep in mind that a consular officer can require any applicant to appear for an interview. When submitting an application for a non-present child, the person present at the interview should bring the child’s birth certificate or family book as a supporting document.