E-2 Visa
Eligibility: Nationals of treaty countries who share citizenship of company majority owners
Grace Period: 60 days from last date of employment
Transfer Employment?: New employer must also share employee's nationality
Government Processing Estimates: Normal: 6-8 Months; Premium: 15 Business Days
Validity Period/Max Length: 2-year initial stay; 2-year extensions; No max stay
Notes: Foreign national must share the same nationality as the company or person that owns the majority of the sponsoring U.S. entity.
E-3 Visa
Eligibility: Australian nationals in a specialty occupation with a Bachelor's degree or equivalent
Grace Period: 60 days from last date of employment
Transfer Employment?: Position with new employer must remain within parameters of a specialized occupation related to their education background.
Government Processing Estimates: Normal: 3-5 Months; Premium: 15 Business Days; Consular processing available (outside U.S.)
Validity Period/Max Length: 2-year initial stay; 2-year extensions; No max stay
Typical Supporting Documents for E Visas
- Color copy of Passport
- Resume/CV
- Diploma(s)
- Official Transcripts/Marksheets
- Pay Statements
- (If applicable) Evidence of Current/Prior Immigration Status, which can include a combination of the following documents: Visa Stamp, Form I-94, Form I-20, and EAD cards, endorsed I-129S, and/or I-797 Approval Notice.
💡This is a standard list of documents required for E casework. The legal team may require additional documentation identified during case processing.
Case Preparation Timeline
- Information Gathering: Complete your case questionnaire and upload the requested documents. The legal team will not begin preparing the case until it has been submitted for review.
- Attorney Review: The legal team reviews information provided to support the case, drafts the forms and letters, and adds additional action items to the case, if necessary.
💡For certain E visas, the legal team may file for an Labor Condition Application (LCA) with the Department of Labor (DOL). This is filed electronically, and the DOL generally takes 7 to 10 business days to certify the LCA.
- Case Materials Activity: Additional information may be requested from you during this stage such as supporting documentation or confirmation of case information.
- In Process: The legal team is awaiting the completion of other process steps to continue preparing the case i.e., pending LCA certification, or waiting for another case to be prepared that’s being filed concurrently.
- Sent to Government: The case has been sent for government processing. All cases are sent with expedited shipping and tracking information will be available on your account.
- Case Completed: The legal team received the hard copy decision notice from the government and the case will be updated confirming the decision.
USCIS Processing Times
E cases are filed with the United States Citizenship and Immigration Services (USCIS) and the processing time varies depending on which Service Center is adjudicating the case, with Service Centers assigned based on the underlying case type and internal workloads.
💡 Learn more about how to check USCIS processing times.
E visa filings are generally eligible for Premium Processing with USCIS. Please note, that adding Premium Processing to any E visa filing is at the sponsoring employer’s discretion.
💡 Learn more about adding Premium Processing.