06 Aug

E Visa

The Treaty Trader (E-1) and Treaty Investor (E-2) visa are nonimmigrant visas for a national of a  country with which the United States maintains a treaty of commerce and navigation coming to United States to carry on substantial trade, or to develop and direct the operations of an enterprise, or is in the process of investing a substantial amount of capital.

E-3 Visa is nonimmigrant visa for nationals of Australia, coming coming to the United States solely to perform services in a specialty occupation. Similiar to H-1B visa, a Labor Condition Application (LCA) is required for E-3 visa(Certain Specialty Occupation Professionals from Australia). Spouse of E-3 visa holders are allowed to work in United States after filing for appropriate work authorization. Children of E-3 visa holders are not eligible for E-3D visa. The E3D visa holder does NOT need to be an Australian citizen.

Family: Spouses and unmarried children under 21 of an E visa holder may receive derivative E visas. The spouse may apply for work authorization. Dependent children are not authorized to work in United States.

Periold of Stay: Initial period of stay is 2 years. May requests for extension of up to two years. There is no maximum limit to the number of extension.

Green Card intent: Not permitted. Must maintain an intention to leave US when their E Visa status expires or is terminated.


In fiscal year 2010, USCIS received 7,863 applications for E-1 visa, approved 6,279, denied 1,584, waived or overcome 1,227. USCIS also received 33,377 applications for E-2 visa, approved 25,500, refused 7,877, waived or overcome 5,318.

USCIS also received 2,518 applications for E-3 visa, approved 2,175, refused 343, waived or overcome 229. USCIS also received 1,742 applications for E-3D visa, approved 1,582, refused 160, waived or overcome 131. USCIS also received 863 applications for E-3R visa, approved 782, refused 81, waived or overcome 67.

Visa Type:

  • E-1 Visa: Treaty Traders
  • E-2 Visa: Treaty Investors
  • E-2C Visa: CNMI-Only Investor 9 Commonwealth of the Northern Mariana Islands)
  • E-3 Visa: Certain Specialty Occupation Professionals from Australia
  • E-3D Visa: Dependent Visa for spouses of E-3 holders
  • E-3R Visa: returning Australian professionals whose original visas had expired