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. |