E-2 Visas

Allows individuals or businesses from treaty countries to enter the U.S. to manage or further a substantial investment in a U.S. enterprise.

Eligibility:

• The investment must be substantial and “at risk” in the U.S. business.
• The investment cannot be “marginal” (i.e., it must not be solely for the purpose of earning a living).
• At least 50% of the U.S. entity must be owned by nationals of the treaty country.

Application Process:

• Some U.S. Consulates require the U.S. company to be E-2 qualified before individuals can apply for the visa.
• Once the U.S. company is qualified, nationals of the treaty country can apply for E-2 visas.
• The visa can be issued for up to five years and is renewable indefinitely as long as the investment and individual continue to qualify.

Visa Duration

Generally valid for two years per entry, but can be renewed.

Dependents:

• Spouses and children under 21 of E-2 visa holders can apply for dependent visas.
• E-2 spouses are eligible to apply for employment authorization in the U.S.

Treaty Countries:

The E-2 visa is available to nationals from countries with which the U.S. has a treaty of commerce and navigation, including:

• Argentina
• Australia
• Canada
• Colombia
• France
• Germany
• Japan
• Mexico
• United Kingdom

(Note: This list is not exhaustive; other countries are also eligible. Please refer to the specific treaty list for complete details.)

E-3 Visas

Allows Australian citizens to work in the U.S. in a “specialty occupation” that requires a bachelor’s degree or higher.

Specialty Occupation:

• Requires theoretical and practical application of a body of highly specialized knowledge.
• Requires a bachelor’s degree or its equivalent as a minimum qualification.

Application Process:

• E-3 visas can be obtained directly through a U.S. embassy or consulate.
• Australian citizens in the U.S. on another nonimmigrant status can apply to change to E-3 status through USCIS.
• Employers must obtain a certified Labor Condition Application and comply with wage regulations and other requirements.

Visa Quota:

• Annual quota of 10,500 E-3 visas.
• Dependent E-3D visas (for spouses and unmarried children under 21) are not included in this quota.

Duration:

• Initial stay is granted for two years.
• E-3 status can be extended in two-year increments indefinitely, as long as the individual maintains a foreign residence and intends to return there.

Dependents:

• Spouses and unmarried children under 21 can accompany the E-3 visa holder and apply for E-3D dependent status.
• E-3D spouses are eligible for employment authorization in the U.S.

Extension and Renewal:

• E-3 status can be renewed indefinitely with extensions filed up to six months before the current status expires.
• E-3 visa holders cannot work while an extension is pending unless their current status is still valid.

Important Notes:

E-3 status is intended for temporary employment. Prolonged stay might lead to complications with future E-3 extensions or visa applications.