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THE E VISAS
E visas are
based on sundry treaties of friendship, commerce, navigation, and/ or
investment. Some of these are very recent, and others date from the 19th
Century. Some countries have only E1 treaties (Treaty Traders) and others have
only E2 treaties (Treaty Investors), but most have both. Only Australia has
the E3 visa.
The E1 and E2 will
be handled together and the E3 separately.
The E1 and E2
visas allow an individual to live and work in the United States based on an
investment that person will be controlling while in the U.S. The visa
must be renewed every two years indefinitely. There is no limit on renewals.
The amount of
the investment is not prescribed; however, it is required that the business
employ U.S.
workers in addition to the investor. This office has seen cases approved in
which only two U.S. workers were employed.
Derivative E
visas are available for the spouse and children of the primary applicant. The
spouse may also apply for employment authorization.
Applications
may be made at a consulate having jurisdiction over the applicant's person or
at a USCIS Service Center in conjunction with an application to change status.
The E3 visa is
akin to the H1B visa but differs in several aspects. It is limited by treaty to
Australians. Spouses may work without restrictions and it is renewable
indefinitely in two year increments. Applications may be made at a U.S. Consulate
or at a USCIS Service Center
in conjunction with an application to change status.
The quota of
10,500 E3 visas is very liberal. No
more than a third of the available visas are used.
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