E1, E2, and E3 visas are non-immigrant visas allowing foreign nationals to enter the United States for temporary employment. These visas have different requirements and eligibility criteria, making it necessary for potential applicants to understand their differences.
What is an E1 Visa?
An E1 visa is a non-immigrant visa that allows foreign nationals from countries with which the United States has a treaty of commerce and navigation to enter the United States to conduct trade. Here are the three most important things to know about E1 visas:
- Eligibility: To be eligible for an E1 visa, the applicant must be a citizen of a treaty country and must engage in substantial trade between the U.S. and the treaty country.
- Duration: E1 visas are usually issued for up to 2 years and can be renewed indefinitely as long as the requirements are met.
- Dependents: E1 visa holders can bring their spouses and unmarried children under 21 to the U.S. as dependents.
What is an E2 Visa?
An E2 visa is a non-immigrant visa that allows foreign nationals from treaty countries to enter the United States to invest substantial capital in a U.S. business. Here are the three most important things to know about E2 visas:
- Eligibility: To be eligible for an E2 visa, the applicant must be a citizen of a treaty country and must have invested or be in the process of investing a substantial amount of capital in a U.S. business.
- Duration: E2 visas are usually issued for up to 2 years and can be renewed indefinitely as long as the requirements are met.
- Dependents: E2 visa holders can bring their spouses and unmarried children under 21 to the U.S. as dependents.
What is an E3 Visa?
An E3 visa is a non-immigrant visa that is exclusively available to citizens of Australia who are coming to the United States to work in a speciality occupation. Here are the three most important things to know about E3 visas:
- Eligibility: To be eligible for an E3 visa, the applicant must be a citizen of Australia, have a legitimate offer of employment in the U.S. and possess the necessary qualifications for the job.
- Duration: E3 visas are usually issued for up to 2 years and can be renewed indefinitely as long as the requirements are met.
- Dependents: E3 visa holders can bring their spouses and unmarried children under 21 to the U.S. as dependents.
Eligibility Criteria for E1, E2, and E3 Visas
Each visa has different eligibility criteria, which are outlined below:
- E1 Visa: To be eligible for an E1 visa, the applicant must be a national of a country that has a treaty of commerce and navigation with the United States. The applicant must also be engaged in substantial trade between the United States and their home country. This means that more than 50% of the total volume of international trade must be between the United States and the applicant’s home country.
- E2 Visa: To be eligible for an E2 visa, the applicant must be a national of a country that has a treaty of commerce and navigation with the United States. The applicant must also be coming to the United States to develop and direct the operations of an enterprise where they have invested substantial capital.
- E3 Visa: To be eligible for an E3 visa, the applicant must be a national of Australia and have a job offer from a U.S. employer. The job must be in a speciality occupation, which requires theoretical and practical application of a body of highly specialized knowledge.
Application Process
The application process for an E visa depends on whether you are applying from outside or inside the U.S.
If you are applying from outside the U.S., you must follow these steps:
- Complete Form DS-160, Online Nonimmigrant Visa Application, and submit it online. You must upload a digital photo of yourself as part of this form.
- Pay the nonrefundable visa application fee, which is $205 for E visas as of March 2023 (subject to change).
- Schedule an appointment for your visa interview at the nearest U.S. Embassy or Consulate in your country of residence. You will receive an email confirmation with your appointment details.
- Gather the required documents for your visa interview, such as:
- Your passport must be valid for at least six months beyond your intended stay in the U.S.
- Your Form DS-160 confirmation page has a barcode with your application I.D. number.
- Your receipt for paying the visa application fee.
- A printed copy of your appointment confirmation email.
- Documents related to your E visa category, such as:
- For E-1 visa: Evidence of substantial trade between your country and the U.S., such as invoices, bills of lading, contracts, etc.
- For E-2 visa: Evidence of your investment in a bona fide enterprise in the U.S., such as bank statements, business plans, tax returns, lease agreements, etc.
- For E-3 visa: A copy of your offer letter from your U.S. employer that specifies the terms and conditions of your employment, such as job title, duties, salary, benefits, etc.
- Documents that prove your qualifications for your speciality occupation (E-3 visa only), such as:
- A copy of your diploma or degree certificate and transcripts that show you have completed a course of study related to your speciality occupation.
- A copy of any licenses or certifications required for your speciality occupation.
- A copy of any letters or evaluations from previous employers or professors that attest to your skills and experience in your speciality occupation.
- Documents that demonstrate your ties to your home country and intent to return after your temporary stay in the U.S., such as:
- Proof of property ownership or rental agreement in your home country.
- Proof of family ties or social connections in your home country.
- Proof of financial assets or income sources in your home country.
- Proof of any plans or commitments in your home country.
- Any other documents that support your eligibility or credibility for an E visa, such as:
- A copy of your resume or curriculum vitae that summarizes your education and work history.
- A copy of any awards or recognitions you have received for your achievements or contributions in your field.
- A copy of any publications or presentations you have authored or co-authored in your field.
- A copy of any media coverage or testimonials that highlight your reputation or expertise in your field.
The application process for E1, E2, and E3 visas is similar. Applicants must submit a petition to the United States Citizenship and Immigration Services (USCIS) and attend an interview at a U.S. embassy or consulate. The specific requirements for each visa are outlined below:
- E1 Visa: To apply for an E1 visa, the applicant must submit Form I-129, Petition for Nonimmigrant Worker, to the USCIS. The applicant must also provide evidence of their substantial trade between the United States and their home country.
- E2 Visa: To apply for an E2 visa, the applicant must submit Form I-129, Petition for Nonimmigrant Worker, to the USCIS. The applicant must also provide evidence of their investment in a U.S. enterprise and their intent to develop and direct the operations of that enterprise.
- E3 Visa: To apply for an E3 visa, the applicant must submit a DS-160, Online
After the USCIS approves the petition, applicants must schedule an interview at a U.S. embassy or consulate in their home country. During the interview, the consular officer will review the applicant’s documentation and ask questions about their background, qualifications, and intentions for coming to the United States.
If the consular officer approves the visa, the applicant will receive their passport with the visa stamp. The visa will be valid for a specific period, depending on the visa type and other factors.
Renewing E1, E2, and E3 Visas
E1, E2, and E3 visas are typically valid for up to two years but can be renewed indefinitely as long as the applicant meets the eligibility criteria. To renew a visa, the applicant must submit a new petition to the USCIS or attend another interview at a U.S. embassy or consulate.
Benefits of E1, E2, and E3 Visas
E1, E2, and E3 visas offer several benefits to foreign nationals who wish to work or invest in the United States. These benefits include:
- The ability to work in the United States legally for a specific period
- The opportunity to develop business relationships with U.S. companies and individuals
- The ability to bring family members to the United States on dependent visas
- The potential to eventually apply for permanent residency or citizenship in the United States
Difference, pros, cons of E1, E2, and E3 visas in a table
| E1 Visa | E2 Visa | E3 Visa | |
|---|---|---|---|
| Purpose | Facilitates trade between US and treaty countries | Allows foreign investors to invest in US businesses | Allows Australian professionals to work temporarily in the US |
| Eligibility | The applicant must be a citizen of a treaty country and engaged in substantial trade between the US and that country | The applicant must be a citizen of a treaty country and have invested or is actively in the process of investing a significant amount of capital in a US business | The applicant must be an Australian citizen with a job offer from a US employer, and must have the necessary qualifications and experience for the job |
| Duration | Typically granted for up to 5 years, with renewals possible | Initially granted for up to 2 years, with renewals possible | Initially granted for up to 2 years, with renewals possible |
| Pros | Does not require a specific investment amount | No minimum investment amount required | Offers an expedited visa process for Australian professionals |
| No cap on the number of E1 visas issued | Offers a clear path to permanent residency through an EB-5 investor visa | Easier to obtain than other work visas | |
| No educational or language requirements | Can bring family members to the US | ||
| Cons | Requires significant trade between the US and the treaty country | Requires a significant investment in a US business | Only available to Australian citizens |
| Can be difficult to obtain due to strict eligibility requirements | Does not guarantee approval for permanent residency | Limited to a specific list of qualifying occupations | |
| May not lead to permanent residency | Investment is at risk if the business fails | Must apply for a new visa if changing employers |
What to expect at the E visa interview?
The E visa interview is a face-to-face meeting with a consular officer who will ask you questions about your travel purpose, qualifications, investment or trade activities, and ties to your home country. The consular officer will review your documents and verify their authenticity and relevance. The consular officer will also assess whether you meet the eligibility criteria for an E visa and have any grounds of inadmissibility that would prevent you from entering the U.S. The interview usually lasts about 15 to 30 minutes, depending on the complexity and completeness of your case.
The possible outcomes of the E visa interview are:
- Approval: If the consular officer approves your E visa application, you will be issued a visa stamp on your passport that indicates the validity period and the number of entries allowed. You can then travel to the U.S. and present yourself at a port of entry for admission as an E visa holder.
- Denial: If the consular officer denies your E-visa application, you will be given a written explanation of the reasons for the refusal and whether you can apply again. Some common reasons for the denial are insufficient evidence, fraud or misrepresentation, failure to overcome the presumption of immigrant intent, criminal convictions, health issues, etc.
- Administrative processing: If the consular officer needs more time or information to decide on your E visa application, you will be placed under administrative processing. Your case will be pending until further notice from the consulate. You may be asked to submit additional documents or undergo other background checks during this process. Administrative processing can take a few days to several months, depending on the circumstances of each case.
How to prepare for the E visa interview?
To prepare for the E visa interview, you should:
- Review your documents and make sure they are complete, accurate, and up-to-date. Organize them in a logical order and label them clearly. Bring original documents and copies of each document.
- Practice answering common E visa interview questions, such as:
- What is the purpose of your trip to the U.S.?
- How did you establish your business or employment opportunity in the U.S.?
- How much have you invested or traded with the U.S.?
- What are your duties and responsibilities in your speciality occupation?
- How long do you plan to stay in the U.S.?
- What are your ties to your home country, and how do you intend to return after your temporary stay in the U.S.?
- Dress professionally and appropriately for the interview. Avoid wearing casual or flashy clothing or accessories that may distract from your credibility.
- Arrive at the consulate at least 15 minutes before your scheduled appointment time. Bring your passport, appointment confirmation page, DS-160 confirmation page, receipt of payment for the visa fee, and all supporting documents.
- Be polite and respectful to the consular officer and staff. Greet them with a smile and a firm handshake. Maintain eye contact and speak clearly and confidently. Do not argue or interrupt the consular officer.
- Answer truthfully and concisely to the questions asked by the consular officer. Do not lie or exaggerate about any aspect of your case. Only volunteer information that is relevant or requested.
- If you do not understand a question or need clarification, ask politely for repetition or explanation.
- If you have additional information or documents that may support your case, offer them to the consular officer at an appropriate time.
- Thank the consular officer for their time and attention at the end of the interview.
Tips for a successful E visa interview
Here are some tips that may help you increase your chances of getting an E visa approval:
- Research your business or employment opportunity in the U.S., such as its history, goals, products, services, customers, competitors, etc.
- Demonstrate enthusiasm and passion for your business or occupation and how it benefits both countries.
- Highlight your unique skills and qualifications that make you suitable for your speciality occupation.
- Emphasize your commitment and contribution to your business or employer, such as your investment amount, percentage of ownership, level of involvement, etc.
- Show evidence of your financial stability and ability to support yourself and your family in the U.S.
- Provide proof of your strong ties to your home country and your intention to return after your temporary stay in the U.S.
- Avoid any negative or derogatory remarks about the U.S. or your home country.
- Be prepared for possible challenges or objections from the consular officer and have a positive and respectful response ready.
- Be confident and optimistic about your case and the outcome of the interview.
E visa interview questions and answers
Please note that these are only illustrative purposes and may not reflect your situation or case. You should always answer truthfully and according to your circumstances.
Q: What is the purpose of your trip to the U.S.?
A: I am applying for an E-2 visa to start and operate a coffee shop in Los Angeles. I have invested $100,000 in this business, and I have a lease agreement for the premises, a business plan, and a franchise agreement with a well-known coffee brand.
Q: How did you find or establish your business opportunity in the U.S.?
A: I have always been passionate about coffee and have worked as a barista for several years in my home country. Given the size of the market and the high demand for high-quality coffee, I made the decision to follow my ambition of starting a coffee shop in the United States. I conducted online research and spoke with a number of potential franchisors, vendors, landlords, etc. Also, I made two trips to the US last year to look for potential locations and speak with various players.
Q: How much have you invested or traded with the U.S.?
A: As I mentioned earlier, I have invested $100,000 in this business venture. This amount covers the initial franchise fee, equipment purchase, inventory stocking, renovation, marketing expenses, etc. I have also signed a five-year lease agreement with the option to renew for another five years. The monthly rent is $5,000 plus utilities and taxes.
Q: What are your duties and responsibilities in your speciality occupation?
A: I am applying for an E-3 visa as a software engineer for ABC Inc., a leading IT company based in San Francisco. My speciality occupation is developing web applications using Java, HTML5, CSS3, JavaScript, and AngularJS. I have a bachelor’s degree in computer science and four years of relevant work experience. My duties and responsibilities include designing, coding, testing, debugging, and maintaining web applications for various clients and projects.
Q: How long do you plan to stay in the U.S.?
A: I plan to stay in the U.S. for my E visa validity period, two years for an E-2 visa and three years for an E-3 visa. I understand that I can apply for extensions if I meet the eligibility criteria and continue to comply with the terms and conditions of my visa.
Q: What are your ties to your home country, and how do you intend to return after your temporary stay in the U.S.?
A: I have strong ties to my home country, and I intend to return after my temporary stay in the U.S. Some of my ties include:
- My family: My parents and siblings live in my home country, and I visit them regularly. They are also financially dependent on me.
- My property: I own a house and a car in my home country and pay taxes on them.
- My bank accounts: I have savings accounts in two banks in my home country and transfer money from my U.S. income every month.
- My social connections: I have many friends and colleagues in my home country who keep in touch with me through phone calls, emails, social media, etc.
- My plans: I have a clear career goal of becoming a senior software engineer or a project manager in ABC Inc. or another reputable IT company in my home country.
These examples give you an idea of what questions and answers you may encounter in your E visa interview. Remember to be prepared, confident, and honest in your responses. Good luck!
Conclusion
In conclusion, E1, E2, and E3 visas are valuable tools for foreign nationals who wish to work or invest in the United States. By understanding the eligibility criteria and application process for these visas, potential applicants can increase their chances of success and achieve their goals of working or investing in the United States.
The E visa interview is an important and challenging step in the process of obtaining an E visa to work or do business in the U.S. It requires careful preparation and presentation of your documents and yourself. By following the guidelines and tips above, you can increase your chances of having a successful E visa interview and achieving your goals. Good luck! 😊
FAQ
What is the difference between an E1 and an E2 Visa?
While both E1 and E2 visas are non-immigrant visas that allow foreign nationals to enter the US to conduct business, there are some critical differences between the two. Here are the three most important things to know about the differences between E1 and E2 visas:
- Purpose: E1 visas are for individuals who will engage in substantial trade between the US and the treaty country, while E2 visas are for individuals who invest a significant amount of capital in a US business.
- Eligibility: The eligibility criteria for E1 and E2 visas are different. While both require citizenship from a treaty country, the requirements for substantial trade and investment differ.
- Renewal: Both E1 and E2 visas can be renewed indefinitely as long as the requirements are met, but the renewal process may differ.
What is the processing time for E visas?
The processing time for E visas can vary depending on several factors, including the volume of applications being received and the workload of the US embassy or consulate handling the application. Here are the three most important things to know about E visa processing times:
- Estimated Time: The estimated processing time for E visas can range from a few weeks to several months, so applying well before the planned travel date is important.
- Expedited Processing: In some cases, requesting expedited processing of an E visa application for an additional fee may be possible. This is typically only available in cases of emergency or urgent business travel.
- Check with Consulate: It is recommended to check with the US embassy or consulate handling the application for the most up-to-date processing time estimates and any specific requirements or procedures that may apply.
