E Visas Lawyer Philadelphia

The E visa category includes treaty traders and investors who come to the United States under a treaty of commerce and navigation between the United States and the country of which the treaty trader or investor is a citizen or national. This category also includes Australian specialty occupation workers.

Not every country participates in the necessary treaty for it’s nationals to have access to this kind of visa.  To see the list of the treaty countries follow this link: https://travel.state.gov/content/visas/en/fees/treaty.html

Before entering the United States, treaty traders or investors and Australian specialty occupation workers must apply and receive an E-1, E-2, E-3 visa from a U.S. consulate or embassy overseas. However, a U.S. company may also request a change of status to E-1, E-2, or E-3 for a nonimmigrant that is already in the United States. USCIS processes change of status and extensions of stay requests for nonimmigrants whose companies have filed such petitions.

• Treaty traders (E-1) carry on substantial trade in goods, including but not limited to services and technology, principally between the United States and the foreign country of which they are citizens or nationals.
• Treaty investors (E-2) direct the operations of an enterprise in which they have invested, or are actively investing, a substantial amount of money.
• Australian specialty occupation workers (E-3) perform services in a specialty occupation.

General eligibility for E-1 classification:

To qualify for E-1 classification, the general requirements for a treaty trader are as follows:

• You are a national of a country with which the United States maintains a treaty of commerce and navigation;
• You carry on substantial trade; and
• You carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.

General eligibility for E-2 classification:

To qualify for E-2 classification, the general requirements for a treaty investor are as follows:

• You are a national of a country with which the United States maintains a treaty of commerce and navigation;
• You have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
• You are seeking to enter the United States solely to develop and direct the investment enterprise.
• You must have control of the funds, and the investment must be at risk in the commercial sense.
• It must generate significantly more income than just to provide a living for you and your family, or it must have a significant economic impact in the United States.
• 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.
• The investment must be substantial, with investment funds or assets committed and irrevocable (loans to a business will not work). It must be sufficient to ensure the successful operation of the enterprise.
• If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
• The investor, a person, partnership or corporate entity, must have the citizenship of a treaty country.

General eligibility for E-3 classification:

To qualify for E-3 classification, the general requirements for a specialty occupation professional from Australia are as follows:

• You are a national of Australia;
• You have a legitimate offer of employment in the United States;
• You possess the necessary academic or other qualifying credentials; and
• You will fill a position that qualifies as a specialty occupation.

E-1 or E-2 classification as an employee of a treaty trader or treaty investor

To qualify for E-1 or E-2 classification as an employee of a treaty trader or treaty investor, the general requirements are:

• You are the same nationality as the principal alien employer (who must have the nationality of the treaty country);
• You meet the definition of “employee” under relevant law; and
• You are either engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

Family of E Treaty Traders, Investors and Employees

Treaty traders, investors, and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities do not need the same as the treaty trader, investor, or employee. Spouses of E workers may apply for unlimited work authorization document in the United States. If approved, there is no specific restriction as to where the E spouse may or may not work.

Philadelphia E Visas Lawyer

At The Law Offices of Greg Prosmushkin, P.C., the Philadelphia Immigration Lawyers boast an outstanding approval rating in cases filed. We provide high-quality legal services by prioritizing our client’s individual needs, their schedule, and personal integrity.

This content was written on behalf of Greg Prosmushkin.