E-1 Treaty Traders must submit a comprehensive letter from the principal foreign national's company or employer identifying the applicant and describing in detail the nature and function of the business and the applicant's position. The letter must be on the current business/employer's letterhead, with an original signature from an authorized company representative, and must be addressed to the Visa Office, Department of State. The letter should demonstrate the applicant's entitlement to E-1 status based on the continued trade between the U.S. and the country of the applicant's nationality. The letter must contain a statement of unequivocal intent that the applicant will depart the U.S. when E-1 status ends. If the visa applicant is the sole company employee in the U.S., submit the latest copy of the company's FICA and IRS forms with the applicant's letter of explanation. Please include the company's fax number. The spouse of an E-1 visa holder may apply to the USCIS for an Employment Authorization Document (EAD).
The following countries with E-1 Treaty Trader Status: Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, Chile, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, Kosovo, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Singapore, Slovenia, South Korea, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom and Yugoslavia.
E-2 Treaty Investors must submit a copy of the company's most recent financial statement along with a comprehensive letter from the principal foreign national's company or employer identifying the applicant and describing in detail the nature and function of the investment and the extent of the principal foreign national's participation in the investment. The letter must be on the current company/employer's letterhead, with an original signature from an authorized company representative, and must be addressed to the Visa Office, Department of State. The letter should contain a statement of unequivocal intent that the applicant will depart the U.S. when E-2 status ends. The spouse of an E-2 visa holder may apply to the USCIS for an Employment Authorization Document.
The following countries with E-2 Treaty Investor Status: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Singapore, Slovak Republic, Slovenia, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom and Yugoslavia.
When Congress passed the REAL ID Act in 2005, it created a special visa category for Australians. This change creates a new INA Section, Section 101(a)(15)(E)(iii), which allows for the admission of a foreigner who is a citizen or national of the Commonwealth of Australia, and who is entering to perform services in a "specialty occupation." Australian permanent residents are not eligible for the E-3 visa. Application for an E-3 visa may be made at the U.S. Consulate or with USCIS.
The term "specialty occupation" means an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The E-3 definition for a specialty occupation mirrors the H-1B definition.
An E-3 visa holder must meet academic and occupational requirements, including licensure where appropriate, for admission into the U.S. in a specialty occupation. If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted. In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, the foreign national must show that he or she will obtain such licensure within a reasonable period of time following admission to the U.S.
The spouse and children of the E-3 visa holder need not be Australian citizens. Spouses of E-3 visa holders may obtain an Employment Authorization Document by applying to USCIS.
To schedule an initial consultation with a Memphis Immigration attorney, call (901) 692-5732 or with a New York City Immigration Attorney, call (646) 380-0474 or contact Witty Law Group, PLLC.