Traders and Investors from countries with a treaty of commerce and navigation with the United States may apply for an E visa. Specialty occupation workers from Australia also fall under this category.
General Information.
Treaty Trader (E-1 classification).
A Treaty trader (E-1) is one who conducts substantial trade in goods, including but not limited to services and technology, mainly between the U.S. and their country of origin of which they are citizens or nationals.
To qualify for E-1 classification, generally you must (1) be a national of a treaty country; (2) carry on substantial trade; and (3) carry on principal trade between the U.S. and your treaty country. Substantial trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time.
If you are an employee of a Treaty trader, generally you must (1) be the same nationality as the main alien employer (who must have the nationality of the treaty country); (2) be a qualified “employee” under relevant law; and (3) be either engaging in duties of an executive or supervisory position, or if employed in a lesser capacity, have special qualifications.
Click here for more information on Treaty Traders.
Treaty Investor (E-2 classification).
A Treaty investor (E-2) is one who invests a substantial amount of money and directs the operations of an enterprise they have invested in, or are actively investing in.
To qualify for E-2 classification, generally you must (1) be a national of a treaty country; (2) have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.; and (3) be seeking to enter the U.S. solely to develop and direct the investment enterprise.
If you are an employee of a Treaty investor, generally you must (1) be the same nationality as the main alien employer (who must have the nationality of the treaty country); (2) be a qualified “employee” under relevant law; and (3) be either engaging in duties in an executive or supervisory capacity, or possess special special skills or qualifications.
Click here for more information on Treaty Investors.
Australian Specialty Occupation Worker (E-3 classification).
An Australian specialty occupation worker (E-3) performs services in a specialty occupation.
To qualify for E-3 classification, generally you must (1) be a national of Australia; (2) have a legitimate offer of employment in the U.S.; have the necessary academic or other qualifying credentials; and (3) fill a position that qualifies as a specialty occupation.
How to apply.
If you fall under any of the above categories and are outside the U.S., you must apply for an E visa at a U.S. consulate or embassy having jurisdiction over your residence.
If you are already in the U.S. holding a different nonimmigrant status, you or your employer may request for a change of status to the E classification.
Treaty Countries.
Below is a list of countries that have a treaty of commerce and navigation with the United States and the date when the treaty was entered into force.
Country | Classification | Entered into Force |
Albania | E-2 | January 4, 1998 |
Argentina | E-1/E-2 | December 20, 1854 |
Armenia | E-2 | March 29, 1996 |
Australia | E-1/E-2/E-3 | December 16, 1991 / December 27, 1991 / September 2, 2005 |
Austria | E-1/E-2 | May 27, 1931 |
Azerbaijan | E-2 | August 2, 2001 |
Bahrain | E-2 | May 30, 2001 |
Bangladesh | E-2 | July 25, 1989 |
Belgium | E-1/E-2 | October 3, 1963 |
Bolivia | E-1/E-2 | November 09, 1862 / June 6, 2001 |
Bosnia and Herzegovina | E-1/E-2 | November 15, 1982 |
Brunei | E-1 | July 11, 1853 |
Bulgaria | E-2 | June 2, 1954 |
Cameroon | E-2 | April 6, 1989 |
Canada | E-1/E-2 | January 1, 1994 |
Chile | E-1/E-2 | January 1, 2004 |
China (Taiwan) | E-1/E-2 | November 30, 1948 |
Colombia | E-1/E-2 | June 10, 1948 |
Congo (Brazzaville) | E-2 | August 13, 1994 |
Congo (Kinshasa) | E-2 | July 28, 1989 |
Costa Rica | E-1/E-2 | May 26, 1852 |
Croatia | E-1/E-2 | November 15, 1982 |
Czech Republic | E-2 | January 1, 1993 |
Denmark | E-1/E-2 | July 30, 1961 / December 10, 2008 |
Ecuador | E-2 | May 11, 1997 |
Egypt | E-2 | June 27, 1992 |
Estonia | E-1/E-2 | May 22, 1926 / February 16, 1997 |
Ethiopia | E-1/E-2 | October 8, 1953 |
Finland | E-1/E-2 | August 10, 1934 / December 1, 1992 |
France | E-1/E-2 | December 21, 1960 |
Georgia | E-2 | August 17, 1997 |
Germany | E-1/E-2 | July 14, 1956 |
Greece | E-1 | October 13, 1954 |
Grenada | E-2 | March 3, 1989 |
Honduras | E-1 | July 19, 1928 |
Honduras | E-2 | July 19, 1928 |
Ireland | E-1/E-2 | September 14, 1950 / November 18, 1992 |
Israel | E-1/E-2 | April 3, 1954 |
Italy | E-1/E-2 | July 26, 1949 |
Jamaica | E-2 | March 7, 1997 |
Japan | E-1/E-2 | October 30, 1953 |
Jordan | E-1/E-2 | December 17, 2001 |
Kazakhstan | E-2 | January 12, 1994 |
Korea (South) | E-1/E-2 | November 7, 1957 |
Kosovo | E-1/E-2 | November 15, 1882 |
Kyrgyzstan | E-2 | January 12, 1994 |
Latvia | E-1/E-2 | July 25, 1928 / December 26, 1996 |
Liberia | E-1/E-2 | November 21, 1939 |
Lithuania | E-2 | November 22, 2001 |
Luxembourg | E-1/E-2 | March 28, 1963 |
Macedonia | E-1/E-2 | November 15, 1982 |
Mexico | E-1/E-2 | January 1, 1994 |
Moldova | E-2 | November 25, 1994 |
Mongolia | E-2 | January 1, 1997 |
Montenegro | E-1/E-2 | November 15, 1882 |
Morocco | E-2 | May 29, 1991 |
Netherlands | E-1/E-2 | December 5, 1957 |
New Zealand | E1/E-2 | June 10, 2019 |
Norway | E-1/E-2 | January 18, 1928 |
Oman | E-1/E-2 | June 11, 1960 |
Pakistan | E-1/E-2 | February 12, 1961 |
Panama | E-2 | May 30, 1991 |
Paraguay | E-1/E-2 | March 07, 1860 |
Philippines | E-1/E-2 | September 6, 1955 |
Poland | E-1/E-2 | August 6, 1994 |
Romania | E-2 | January 15, 1994 |
Senegal | E-2 | October 25, 1990 |
Serbia | E-1/E-2 | November 15,1882 |
Singapore | E-1/E-2 | January 1, 2004 |
Slovak Republic | E-2 | January 1, 1993 |
Slovenia | E-1/E-2 | November 15, 1982 |
Spain | E-1/E-2 | April 14, 1903 |
Sri Lanka | E-2 | May 1, 1993 |
Suriname | E-1/E-2 | February 10, 1963 |
Sweden | E-1/E-2 | February 20, 1992 |
Switzerland | E-1/E-2 | November 08, 1855 |
Thailand | E-1/E-2 | June 8, 1968 |
Togo | E-1/E-2 | February 5, 1967 |
Trinidad & Tobago | E-2 | December 26, 1996 |
Tunisia | E-2 | February 7, 1993 |
Turkey | E-1/E-2 | February 15, 1933 / May 18, 1990 |
Ukraine | E-2 | November 16, 1996 |
United Kingdom | E-1/E-2 | July 03, 1815 |
Yugoslavia | E-1/E-2 | November 15, 1882 |
Feel free to contact us if you are interested in pursuing this visa classification.
The information above is for general purposes and should not be treated as legal advice. Please refer to our Terms of Use.