Treaty Trader & Treaty Investor and Australians in Specialty Occupations

Generally, a non-citizen who wishes to travel to the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Treaty Trader (E-1), Treaty Investor (E-2), and Australian in Specialty Occupation (E-3) nonimmigrant visas may be issued to eligible nationals of countries with which the United States maintains treaties of commerce and navigation or are considered a treaty country based on legislation. For a list of participating countries, select Treaty Countries.

To be eligible for an E-2 visa, you must:

engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country;
develop and direct the operations of an enterprise in which you have invested a substantial amount of capital; o work for the E visa enterprise as an executive, supervisor, or essentially skilled employee.
To be elegible for an E-3 visa, you must:
be a national of Australia working in a specialty occupation.

To qualify for a Treaty Trader (E-1) Visa:

You must be a national of a treaty country.
The U.S. enterprise (trading firm) for which you plan to come to the United States must have the nationality of the treaty country.
For an enterprise to have the nationality of a treat country, at least 50 percent of the business or entity must be owned by persons with the treaty country’s nationality.
You or the U.S. enterprise (trading firm) will carry out international trade that is substantial, meaning that there is a sizable and continuing volume of trade; More than 50 percent of the international trade involved must be between the United States and the treaty country.
Trade means the international exchange of goods, services, and technology.
If you are not the treaty trader, you must be employed in a supervisory or executive capacity, or possess specialized skills essential to the efficient operation of the U.S. enterprise (trading firm).
You must intend to depart the U.S. when your E-1 status expires.

Treaty Trader & Treaty Investor and Australians in Specialty Occupations:

To be eligible for an E-2 visa, you must:

engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country;
develop and direct the operations of an enterprise in which you have invested a substantial amount of capital; or
work for the E visa enterprise as an executive, supervisor, or essentially skilled employee.

To be eligible for an E-3 visa, you must: Be a national of Australia working in a specialty occupation. For more information on business investment in the United States, see the U.S. Department of Commerce website Select USA.

To qualify for a Treaty Trader (E-1) Visa

You must be a national of a treaty country.
The U.S. enterprise (trading firm) for which you plan to come to the United States must have the nationality of the treaty country.
For an enterprise to have the nationality of a treat country, at least 50 percent of the business or entity must be owned by persons with the treaty country’s nationality.
You or the U.S. enterprise (trading firm) will carry out international trade that is substantial, meaning that there is a sizable and continuing volume of trade; More than 50 percent of the international trade involved must be between the United States and the treaty country.
Trade means the international exchange of goods, services, and technology.
If you are not the treaty trader, you must be employed in a supervisory or executive capacity, or possess specialized skills essential to the efficient operation of the U.S. enterprise (trading firm).
You must intend to depart the U.S. when your E-1 status expires.

To qualify for a Treaty Investor (E-2) Visa:

You must be a national of a treaty country.
The U.S. investment enterprise must have the nationality of a treaty country. For an enterprise to have the nationality of a treat country, at least 50 percent of the business or entity must be owned by persons with the treaty country’s nationality.
The investment in the U.S. must be substantial and sufficient to ensure the successful operation of the enterprise. Uncommitted or revocable funds in a bank account or similar security are generally not considered an investment.
The U.S. enterprise must be a real and operating, commercial enterprise .
The enterprise must generate more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
If you are the principal investor, you must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be coming to the U.S. to be employed in a supervisory, executive or possess specialized skills essential to the efficient operation of the U.S. enterprise.
You must intent to depart the U.S. when your E-2 status expires.

To qualify for an Australian in Specialty Occupation (E-3) Visa:

You must be a national of Australia.
You must have an approved Labor Condition Application (LCA) issued by the Department of Labor (DOL).
You must demonstrate that the prospective employment meets the standard of being a “specialty occupation employment.”
Please see the USCIS page on H-1B visas for more information on “specialty occupation”
You must demonstrate that you have the necessary academic qualifications for the job.
You must intend to depart the U.S. when your E-3 status expires.\

How to Apply:

There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.
Complete the Online Visa Application: Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must: 1) complete the online visa application.
2) print the application form confirmation page to bring to your interview. Photo – You will upload your photo while completing the online Form DS 160. Your photo must be in the format explained in the Photograph Requirements.

Schedule an Interview:

While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.
If you are age:
Then an interview is:
13 and younger – Generally not required
14-79 – Required (some exceptions for renewals)
80 and older – Generally not required

Gather Required Documentation:

Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.
Nonimmigrant Visa Application, Form DS-160 confirmation page
Application fee payment receipt, if you are required to pay before your interview
Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.
Nonimmigrant Treaty Trader/Treaty Investor Application, Form DS-156E – This form is required for:
– all E-1 treaty trader visa applicants; and
– E-2 treaty investor visa applicants, if you are an Executive/Manager/Essential Employee.
Australian in Specialty Occupation (E-3) visa applicants will need the following additional documents:
– An approved Labor Condition Application (LCA), which the U.S. employer obtains from the Department of Labor. Evidence of academic or other qualifying credentials, such as required academic degrees and certificates or proof of sufficient work experience in specialty field.
Job offer letter from the U.S. employer.
In the absence of academic or other qualifying credentials, evidence of education and experience that is equivalent to the required U.S. degree.
A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the required license will be obtained within a reasonable time after admission.

QAZI LAW CHAMBER