International trade, investment, and professional exchange play an important role in strengthening the U.S. economy and global commercial relationships. To facilitate these objectives, the United States offers a set of treaty-based and professional nonimmigrant visas that allow eligible foreign nationals to live and work in the country under specific circumstances.

What this article is about: This article provides a comprehensive guide to the main treaty-based and professional visas: the Treaty Trader (E-1), Treaty Investor (E-2), Australian in Specialty Occupation (E-3), and USMCA Professional (TN) visas. It explains who can apply, the requirements for eligibility, how to submit an application, and the conditions attached to each visa. It also considers the role of family members, documentation needs, and the practicalities of entering and remaining in the United States on these visas.

The Treaty Trader (E-1) and Treaty Investor (E-2) visas are reserved for nationals of treaty countries who are engaged in trade with, or investment in, the U.S. The E-3 visa provides a route for Australian nationals working in recognised specialty occupations. The TN visa, created under the United States-Mexico-Canada Agreement (USMCA), allows eligible Canadian and Mexican professionals to work in prearranged business roles within the U.S. For consistency with current government usage, you may still see references to “NAFTA” in legacy materials, but the governing framework is USMCA.

Each category has its own legal framework, eligibility criteria, and application process. Applicants must demonstrate that they meet the requirements of the relevant visa class and provide supporting evidence during the consular interview stage. Spouses and children are often able to accompany or join the principal applicant under related dependent visa categories. Spouses of E-1, E-2 and E-3 principals are treated as employment-authorised incident to status (they may still apply for an EAD as evidence), while TD dependants of TN holders cannot work. Visa application fees currently include $315 for E-class visas and $185 for TN visas, with possible additional issuance (reciprocity) fees depending on nationality.

By understanding the distinctions between these visa options and preparing the necessary documentation, applicants can improve their chances of a successful outcome. Employers and foreign professionals alike benefit from clarity on the obligations, rights, and limitations of each visa type. Remember that a visa permits you to apply for admission but does not control how long you can stay in the U.S.; your authorised stay is set by your Form I-94. Overstaying can trigger immigration consequences, including unlawful-presence re-entry bars. With proper planning and compliance, treaty-based and professional visas can be an effective gateway to career development and business growth in the U.S.

Section A: Treaty Trader (E-1) Visa

The Treaty Trader (E-1) visa was created to support and expand international trade between the United States and countries with which it has treaties of commerce and navigation. It is a nonimmigrant visa that enables nationals of eligible countries to enter the U.S. to engage in substantial trade activities. The visa can be issued both to principal traders and to qualifying employees of trading enterprises.

1. Eligibility

To qualify for the E-1 visa, the applicant must be a national of a country that maintains a treaty of commerce and navigation with the United States. The trading firm for which the applicant works must also have the nationality of the treaty country, meaning at least 50% of the enterprise is owned by nationals of that treaty country.

The trade must be “substantial,” reflecting a continuous, sizable flow of qualifying trade rather than isolated or occasional transactions. In addition, “principal trade” must be with the United States, which generally means more than 50% of the enterprise’s international trade is between the U.S. and the treaty country. The enterprise must also be real and operating, not a paper entity.

You can read our extensive guide to the E1 Visa here >>

2. Qualifying Activities

Trade under the E-1 visa can include goods, services, international banking, insurance, technology, and transportation. The law defines trade broadly to encompass both tangible and intangible exchanges provided there is demonstrable commercial value.

The majority of the trade must be between the United States and the treaty country, typically more than 50% by volume or value over a representative period. Consular officers assess both continuity and scale when evaluating substantiality.

3. Documentation

Applicants must complete Form DS-160 (Online Nonimmigrant Visa Application) and submit Form DS-156E (Nonimmigrant Treaty Trader/Treaty Investor Application) when applying as a trader or qualifying employee. Supporting evidence commonly includes:

• Contracts, purchase orders, and invoices
• Bills of lading or shipping/transaction records
• Company ownership documentation to prove treaty-national ownership (≥50%)
• Organisational charts and job descriptions (for employees)
• Financial statements demonstrating the ongoing flow and scale of trade

This documentation allows the consular officer to determine whether the applicant and the enterprise satisfy statutory and regulatory requirements.

You can read our extensive guide to the DS-160 Form here >>

4. Family Members

Spouses and unmarried children under the age of 21 may accompany or join the E-1 principal as E dependants. E-spouses are employment-authorized incident to status and can evidence this with an appropriate I-94 notation; obtaining a separate EAD is generally optional. Children may attend school but are not permitted to work.

Section A Summary: The E-1 Treaty Trader visa facilitates significant, ongoing trade between the United States and treaty partners. Applicants must evidence substantial trade and that principal trade is with the U.S., alongside treaty-national ownership. Eligible family members may accompany the trader, with spouses work-authorized incident to status.

Section B: Treaty Investor (E-2) Visa

The Treaty Investor (E-2) visa allows eligible foreign nationals to enter the United States for the purpose of developing and directing an enterprise in which they have made, or are actively in the process of making, a substantial, at-risk investment. Like the E-1 visa, the E-2 category is only available to nationals of countries that maintain treaties of commerce and navigation with the U.S.

The visa exists to encourage significant foreign investment in U.S. enterprises that create jobs and contribute to economic growth. Investors, executives, managers, and certain employees with specialised skills may qualify under this category.

You can read our extensive guide to the E2 Visa here >>

1. Eligibility

Applicants must be nationals of a treaty country, and at least 50% of the enterprise must be owned by treaty-country nationals. The investment must be substantial under the proportionality test—that is, substantial in relation to the total cost of purchasing or establishing the specific business.

Funds must be irrevocably committed and at risk of partial or total loss. The enterprise must be real and operating, and not marginal—meaning it must have the present or future capacity to generate more than a minimal living for the investor and their family, typically through job creation and genuine commercial activity.

The investor must be entering the U.S. to develop and direct the business. If the applicant is not the principal investor, they must be employed in an executive, supervisory, or essential-skills capacity. Passive or speculative investments do not qualify.

2. Types of Investments

Qualifying investments typically involve active, for-profit enterprises capable of generating revenue and employment, such as:

• Acquiring or establishing a business in manufacturing, services, technology, or hospitality
• Expanding an existing U.S. business with significant new capital and operational activity
• Demonstrating ongoing operations with employees, contracts, and market presence

Simply parking funds in a bank account or holding publicly traded shares without operational control does not qualify.

3. Required Documents

Applicants submit DS-160 and, for executives, managers, and essential employees, DS-156E. Core supporting evidence includes:

• Proof of lawful source and path of investment funds
• Corporate formation documents, ownership evidence, and treaty-national control (≥50%)
• A credible business plan with financial projections and job creation
• Evidence of irrevocable commitment (e.g., escrow tied to visa approval, purchase agreements, lease/contracts, bank transfers)
• Organisational charts and role description evidencing executive/supervisory or essential-skills duties

4. Family Members

Spouses and unmarried children under 21 may apply as E dependants. E-spouses are employment-authorized incident to status and may work for any U.S. employer; children may study but cannot work.

Section B Summary: The E-2 visa is for treaty-country nationals investing substantial, at-risk, irrevocably committed capital into a real, operating, non-marginal U.S. business. Applicants must develop and direct the enterprise or serve in executive, supervisory, or essential roles. Spouses are work-authorized incident to status.

Section C: Australian in Specialty Occupation (E-3) Visa

The E-3 visa is a nonimmigrant category created specifically for Australian nationals who will work in the United States in a specialty occupation. It was introduced under the Australia–U.S. Free Trade Agreement to strengthen professional ties. The E-3 is similar in some respects to the H-1B visa but is exclusive to Australians and subject to an annual cap of 10,500 principal visas. Historically, this cap has not been reached. Dependants are not counted towards the cap.

The E-3 requires a prearranged job that normally demands at least a bachelor’s degree (or equivalent) in a specific specialty and the application of specialised knowledge.

You can read our extensive guide to the E3 Visa here >>

1. Eligibility

The applicant must be an Australian citizen with a bona fide U.S. job offer in a specialty occupation. The role should require the theoretical and practical application of specialised knowledge, and the applicant must possess the relevant degree or an equivalent combination of education and experience.

Unlike the E-1 and E-2 visas, the E-3 is not tied to treaty trade or investment; it is based on the job and the individual’s qualifications.

2. Labour Condition Application

Before the visa application, the U.S. employer must obtain a certified Labour Condition Application (LCA, ETA-9035) from the Department of Labor, confirming:

• The wage offered meets or exceeds the prevailing wage
• Employment will not adversely affect similarly employed U.S. workers
• No strike or lockout in the occupation at the worksite

The certified LCA must be presented during the visa application process or with a change-of-status filing.

3. Supporting Documentation

Applicants must complete the DS-160 and provide evidence including:

• Employer offer letter detailing duties, salary, location, and period of employment
• Certified LCA (ETA-9035)
• Academic credentials (degrees, transcripts) or experience evaluations showing degree equivalence
• State licensure where required to begin work, or evidence that licensure will be obtained within a reasonable time if permissible

4. Family Members

Spouses and unmarried children under 21 may apply for E-3D dependant status. Dependants need not be Australian citizens. E-3 spouses are employment-authorized incident to status and may work for any employer. Children may study but are not permitted to work. The United States does not recognise de facto or common-law partnerships for E-3 dependant purposes; a marriage certificate is required for spousal status.

Section C Summary: The E-3 visa provides Australians with a dedicated route for specialty occupations, requiring a U.S. job offer, a certified LCA, and proof of relevant qualifications or experience. Visas are usually granted in two-year increments and may be renewed indefinitely. Spouses are work-authorized incident to status; children may study.

Section D: USMCA Professional (TN) Visa

The United States-Mexico-Canada Agreement (USMCA) created a streamlined nonimmigrant pathway—the TN visa—for eligible Canadian and Mexican professionals to work in the United States in occupations listed under the agreement. TN supports cross-border mobility for skilled professionals and helps U.S. businesses access talent from neighbouring countries.

The TN visa differs from the H-1B in key ways: it is limited to Canadian and Mexican citizens, has no annual cap, and involves comparatively straightforward processing. Applicants must maintain nonimmigrant intent, since the TN is not a dual-intent category.

You can read our extensive guide to the TN-Visa here >>

1. Eligibility

Applicants must be citizens of Canada or Mexico (permanent residents are not eligible) and have a prearranged U.S. job in one of the professional occupations listed in the agreement. The position must be temporary, even if it is renewable indefinitely. Applicants must demonstrate an intent to depart the U.S. when their authorised stay ends.

2. Application Requirements

Applicants typically provide:

• A valid passport and DS-160 (Mexican applicants require a TN visa; Canadians are generally visa-exempt)
• Employer support letter describing duties, professional category, remuneration, and period of stay
• Documentation of required credentials (degrees, licences, or alternative qualifications as specified)
• Evidence of compliance with Department of Homeland Security and state licensure rules, if applicable

3. Canadian vs Mexican Applicants

Canadian citizens usually apply directly at a U.S. port of entry or preclearance by presenting the required documentation to Customs and Border Protection; no consular visa is typically required.

Mexican citizens must obtain a TN visa at a U.S. embassy or consulate before entering the United States, completing the DS-160, paying the visa fee, and attending an interview.

4. Family Members

Spouses and unmarried children under 21 may accompany in TD status. TD dependants cannot work but may study. Even Canadian dependants must apply for TD status even though they may not require a visa for admission. The TN principal must be able to demonstrate sufficient financial means to support dependants during the authorised stay.

Section D Summary: The TN visa provides a renewable option for Canadian and Mexican professionals in designated occupations, with simplified border processing for Canadians and consular processing for Mexicans. TN requires ongoing nonimmigrant intent. TD dependants may study but cannot work.

FAQs

What is the difference between the E-1 and E-2 visas?

E-1 is for treaty traders engaged in substantial, ongoing international trade where principal trade is with the U.S. E-2 is for treaty investors who have made a substantial, at-risk, irrevocably committed investment in a real, operating, non-marginal U.S. business. Both require treaty nationality and treaty-national ownership/control of the enterprise.

Can an E-3 visa holder apply for a green card?

The E-3 is a nonimmigrant category and does not confer dual intent. Adjustment through an employment- or family-based immigrant route can be possible, but timing and travel should be managed carefully to maintain nonimmigrant intent at visa issuance and entry.

How long does a TN visa last?

TN classification is typically granted for up to three years per admission or petition and can be renewed in three-year increments while the role remains temporary and the applicant maintains nonimmigrant intent.

Do dependants of E or TN visa holders have work rights?

Spouses of E-1, E-2, and E-3 principals are employment-authorized incident to status and may work for any U.S. employer; a separate EAD is generally optional. TD dependants of TN holders cannot work but may study. Children across all categories may study but are not work-authorized.

Can these visas be renewed or extended?

Yes. E-1, E-2, and E-3 are commonly admitted in two-year increments (renewable while eligibility continues), and TN is commonly in three-year increments (renewable while eligibility and nonimmigrant intent are maintained). Remember that visa validity is separate from authorised stay, which is controlled by the I-94.

Conclusion

Treaty-based and professional U.S. visas provide valuable opportunities for nationals of treaty countries and neighbouring states to trade, invest, and work in the United States. The E-1 and E-2 visas focus on cross-border commerce and investment, the E-3 is a dedicated route for Australian professionals in specialty occupations, and the TN visa facilitates professional mobility for Canadian and Mexican nationals under the USMCA framework.

While each category has distinct requirements, they all demand careful preparation, evidence of eligibility, and adherence to U.S. immigration law. Applicants should ensure they meet nationality, trade, investment, or professional criteria, and gather comprehensive documentation before applying. Spouses and children may often join the principal visa holder, with varying education or work rights depending on the category. Spouses of E-1, E-2, and E-3 holders are employment-authorised incident to status, while TD dependants of TN holders cannot work.

For businesses, these visas strengthen international partnerships and help attract skilled talent. For applicants, they offer the chance to live and work in the United States under clearly defined conditions. With proper planning and compliance, treaty-based and professional visas can be an effective gateway to career development and business growth in the U.S.

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Nita Upadhye

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

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