E Visas for Temporary Workers
If you’re like many people, you’ve heard of U.S. e visas, but may still be asking what is an e visa and whether obtaining one could allow you to come to the United States to work on a temporary basis.
While E visas are often described as temporary work visas, they are better understood as treaty-based business visas that allow qualifying foreign nationals to live and work in the United States for extended periods of time, sometimes for many years through renewals. People are often surprised to learn that these visas are not limited to traditional employment.
Instead, E visas are designed to promote international commerce, investment, and professional services between the United States and treaty countries. Because of this, E visas operate very differently from standard employer-sponsored work visas, particularly when it comes to eligibility standards, duration of stay, and long-term flexibility.
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What is an E Visa?
E visas are work visas designated for foreign nationals of countries with which the United States has a trade agreement. If you’re a citizen of one of these countries, and you meet the eligibility requirements, you can apply for an E visa.
An E visa is a nonimmigrant classification rooted in international treaty obligations, which means eligibility depends heavily on nationality rather than solely on job type or employer sponsorship. Unlike numerical cap–based visas, such as the H-1B, E visas are not subject to annual quotas, making them a more predictable option for qualifying applicants.
There are three different types of E visas: E-1, E-2, and E-3.
E-1 Visas
E-1 visas are for foreign nationals who are coming to the United States to engage in international trade. To qualify for an E-1 visa, you must be coming to the United States to engage in substantial trade, which is defined as trade that is international in scope and that involves frequent transactions involving a continuous flow of goods or services.
To qualify, you must undertake a significant amount of international trade with the United States and constitute over 50% of the trader’s trade. Although there is no minimum amount of trade, the higher the volume of trade, the more likely to qualify for an E-1 visa.
This nonimmigrant classification allows a national of a treaty country to be admitted to the U.S. solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for the E-1 classification.
In practice, E-1 eligibility often hinges on documenting the continuity and volume of trade, rather than the dollar value of any single transaction. USCIS and consular officers closely examine shipping records, contracts, invoices, and service agreements to confirm that trade is ongoing and substantial. Applicants must also show that the enterprise itself is principally engaged in treaty trade, not merely that the individual applicant has prior trade experience.
These evidentiary requirements make preparation essential, particularly for companies operating in service-based or digital industries where trade may be less tangible.
To qualify for a professional E-1 Visa, these requirements must be met:
- You must be a national of a country with which the United States maintains a treaty of commerce and navigation.
- You must carry on substantial trade.
- You must carry on principal trade between the U.S. and the treaty country that qualified the treaty trader for E-1 classification.
- Your items of trade include, but are not limited to:
- Goods
- Transportation
- Services
- Tourism
- International banking
- Technology and its transfer
- Insurance
- Some news-gathering activities
To apply for E-1 classification, a Treaty Trader may file Form I-129 to request a change of status. If the employee does not independently qualify as a Treaty Trader, a qualifying Treaty Trader employer may file Form I-129 on the employee’s behalf.
E-2 Visas
E-2 visas are for foreign nationals who are coming to the United States to invest in a U.S. business. To qualify for an E-2 visa, you must be coming to the United States to invest a substantial amount of money in a U.S. business, which is defined as an active business in which you have invested, or are in the process of investing a substantial amount of money.
The E-2 visa is similar to an EB-5 visa except the E-2:
- Is temporary and needs to be renewed every two to five years, on average
- May only require an investment as low as $75,000, depending on the type of business for investment
- Does not need to create or save a specific number of jobs
- The investor must be actively involved in the invested business
Another key factor in E-2 eligibility is whether the investment is at risk and irrevocably committed to the enterprise. Passive or speculative investments generally do not qualify. Funds must be placed in a manner that exposes them to potential loss if the business fails.
Additionally, the enterprise cannot be marginal, meaning it must have the present or future capacity to generate more than minimal income for the investor and their family. Immigration officers also assess the investor’s role in the business to ensure they possess real authority over operations, finances, or strategic decision-making.
This nonimmigrant classification allows a national of a treaty country to be admitted to the U.S. when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. To qualify for a professional E-2 visa, these requirements must be met:
- You must be a national of a country with which the U.S. maintains a treaty of commerce and navigation.
- You must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.
- You must be seeking to enter the U.S. solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
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E-3 Visas
E-3 visas are for Australian Citizens who are coming to the United States to work in a specialty occupation. To qualify for an E-3 visa, you must be an Australian citizen, have a job offer from a U.S. employer, and be coming to the United States to work in a specialty occupation, which is defined as a profession that requires at least a bachelor’s degree (or its equivalent) for entry into the occupation.
Although the E-3 visa is limited to Australian nationals, it offers notable advantages, including a streamlined application process and annual numerical availability that is rarely exhausted.
Employers must still comply with labor condition requirements, including prevailing wage obligations, but the documentation burden is often lighter than for comparable specialty occupation visas. Because E-3 status is employer-specific, maintaining compliance with job duties and work location is essential to preserving lawful status.
E Visas for Employees of Treaty Traders and Treaty Investors (E-1 and E-2)
You may qualify for E-1 or E-2 visa classification if you’re of the same nationality as your main alien employer, you meet the definition of an employee, and your duties are executive or supervisory. If you’re not an executive or supervisor, you must have special qualifications. Your immigration attorney can give you further guidance.
What Are the Benefits of an E Visa?
There are many benefits of having an E visa. Some of these benefits include:
- The ability to live and work in the United States temporarily
- The ability to bring your spouse and children to the United States with you
- The ability to travel in and out of the United States freely
Who’s Eligible for an E Visa?
To be eligible for an E visa, you must be a citizen of a country with which the United States has a trade agreement. Several countries currently have trade treaties with the U.S., and you can see the full list here or consult with your attorney about the most current agreements.
To qualify for an E visa, you must also be coming to the United States to engage in a qualifying activity, which is defined as trade (E-1 visa), investment (E-2 visa), or work in a specialty occupation (E-3 visa).
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How Do You Get an E Visa?
If you meet the eligibility requirements, you or your employer can apply for an E visa by filing a petition with U.S. Citizenship and Immigration Services or a consulate.
Documentation Requirements for an E Visa
When you file your petition with USCIS, you must include the following documentation:
- A completed application form: Form I-129, Petition for a Nonimmigrant Worker
- A passport photo
- Proof of citizenship, such as a copy of your passport
- Proof of your qualifying activity, such as evidence of your employment contract or offer letter, or evidence of your investment
- An application fee
Can Your Family Come With You on an E Visa?
If you have an E-1, E-2, or E-3 visa, your spouse and unmarried children under the age of 21 can come with you to the United States on derivative visas (E-1D, E-2D, and E-3D visas). Your family members will be allowed to stay in the United States as long as you maintain your status and as long as they meet all relevant requirements.
How Long Does an E Visa Last?
An E visa is valid for up to two years, and it can be renewed indefinitely as long as you maintain your status and meet all eligibility requirements.
What Happens When Your E Visa Expires?
If your E visa expires, you will have to leave the United States. If you want to stay in the United States longer than your E visa allows, you will need to apply for a different type of visa.
What Other Visas Are Available to Temporary Workers?
There are several other types of visas that may be available to temporary workers, depending on their qualifications and the nature of their work. These visas include the H-1B visa for highly skilled workers, the H-2B visa for seasonal workers, and the L-1 visa for intracompany transferees.
What Happens After Your Immigration Attorney Files a Petition For Your E-1, E-2, or E-3 Visa?
After your immigration attorney files your petition with USCIS, USCIS will review the petition to make sure that it is complete and that you meet all eligibility requirements. If your petition is approved, USCIS will send you a notice of approval, and you can then apply for a visa at a U.S. consulate or embassy.
After you have been issued a visa, you can travel to the United States and present the visa to a U.S. Customs and Border Protection officer at a port of entry. The CBP officer will then choose whether to admit you into the United States for the duration of your visa.
Considering that E visas are adjudicated using discretionary standards rather than fixed numerical thresholds, even well-qualified applicants can face delays or denials if documentation is insufficient or poorly structured. Strategic legal guidance can significantly influence how evidence is presented and evaluated.
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3 Reasons to Work With an Immigration Attorney to Get an E Visa
Here are three reasons many people choose to work with an immigration attorney to obtain a U.S. E visa:
- Attorneys know what paperwork to use – and how to fill it out.
- Lawyers are familiar with the E visa process, which means they can answer your questions every step of the way.
- Your immigration attorney can represent you if you receive an unfavorable decision on your E visa.
Here’s a closer look at each.
#1. Attorneys Know What Paperwork to Use – and How to Fill It Out
There’s a lot of paperwork associated with getting an E visa. But don’t worry – an experienced immigration attorney will know exactly which forms you need to complete and can help you fill out the forms correctly so that your application is less likely to be rejected or delayed.
#2. Lawyers Are Familiar With the E Visa Process,
The E visa process can be confusing, but fortunately, an experienced immigration attorney can guide you through every step of the process and answer any questions you may have.
#3. Your Immigration Attorney Can Represent You if You Receive an Unfavorable Decision on Your E Visa
If your E visa application is denied, you may be able to appeal the decision. However, the appeals process can be complex, and it’s important to have an experienced immigration attorney on your side who can help you navigate the process and give you the best chance of success.
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When Should You Hire an Immigration Attorney for Your E Visa?
You may want to consider hiring an immigration attorney if:
- You are not sure which type of E visa is right for you
- You have questions about the eligibility requirements for an E visa
- You need help filling out the required paperwork
- Your employer is asking you to get an E visa
- You have been denied a visa in the past
- You have a criminal record
- You have a complex financial situation
- You are not a native English speaker
Do You Need to Talk to an Attorney About Getting an E Visa?
Warren Law Firm may be able to help you with your E visa. Call our office today to schedule your consultation. We can answer all your questions and help ensure that your entire process goes smoothly.
