Treaty & Professional Work Visas USA Guide

International trade, investment, and professional exchange play a significant role in strengthening the U.S. economy and global commercial relationships. To support these objectives, the United States provides a set of treaty-based and professional nonimmigrant visas that allow eligible foreign nationals to live and work in the country under defined conditions.

What this article is about: This guide explains the principal treaty-based and professional categories: Treaty Trader (E-1), Treaty Investor (E-2), Australian in Specialty Occupation (E-3), and USMCA Professional (TN). It covers who qualifies, the eligibility tests, application steps, documentary evidence, and the conditions attached to each route. It also addresses family members, status documentation, and practical issues when entering and remaining in the United States on these visas.

The E-1 and E-2 categories are reserved for nationals of treaty countries engaged in qualifying trade with, or investment in, the United States. The E-3 provides a route for Australian citizens to work in specialty occupations. The TN category—created under the United States-Mexico-Canada Agreement (USMCA)—allows eligible Canadian and Mexican professionals to take up prearranged roles in the U.S. Government materials still reference “TN (NAFTA) Professionals” in places, but the governing trade framework is USMCA.

Each category has its own legal basis, qualifying criteria, and process. Applicants must show they meet the requirements of the relevant classification and provide supporting evidence at the time of consular processing or, where applicable, with a change or extension of status. Spouses and children can often accompany or follow to join the principal under related dependent classifications. Spouses of E-1, E-2, and E-3 principals are employment-authorised incident to status (they may still apply for an EAD for documentary convenience), whereas TD dependants of TN holders cannot work. Current application fees include $315 for E-class (E-1/E-2) visas and $185 for E-3 and TN visas, with possible additional reciprocity fees depending on nationality.

A visa permits you to apply for admission, but it does not control your period of stay. Your authorised stay is set by your Form I-94. Overstaying can trigger immigration consequences, including 3-year and 10-year unlawful-presence re-entry bars. With careful planning and compliance, these visas provide effective pathways for cross-border trade, investment, and professional work in the United States.

Section A: Treaty Trader (E-1) Visa

1. Eligibility

The E-1 category supports and expands international trade between the United States and countries with which it maintains treaties of commerce and navigation. To qualify, the applicant must be a national of a treaty country, and the trading enterprise must have the nationality of that country, meaning at least 50% ownership by treaty-country nationals. Trade must be “substantial,” reflecting a continuous, meaningful flow of transactions over time, rather than isolated deals. “Principal trade” must be with the United States, generally meaning more than 50% of the enterprise’s international trade is between the U.S. and the treaty country. The enterprise must be real and operating, not a shell or paper entity.

2. Qualifying Activities

Trade under E-1 is interpreted broadly to include goods and services, as well as activities such as international banking, insurance, transportation, and technology transactions. What matters is a demonstrable exchange of items of value, documented over a representative period. Consular officers assess both the continuity and scale of trade when determining substantiality and whether principal trade is with the United States.

3. Documentation

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

• Contracts, purchase orders, invoices, and payment records
• Bills of lading and shipping or transaction logs
• Ownership documentation showing ≥50% treaty-national control
• Organisational charts and job descriptions (for employees)
• Financial statements evidencing the ongoing flow and scale of trade

This material enables the consular officer to evaluate whether both the individual and the enterprise meet statutory and regulatory requirements.

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

4. Family Members

Spouses and unmarried children under 21 may accompany or follow to join the E-1 principal in E dependent status. E-spouses are employment-authorised incident to status and can evidence this via an I-94 notation; obtaining a standalone EAD is optional. Children may attend school but are not work-authorised.

Section A Summary

The E-1 facilitates significant, ongoing trade between the United States and treaty partners. Applicants must demonstrate substantial trade, principal trade with the U.S., and treaty-national ownership and control. Eligible family members can accompany, with spouses authorised to work incident to status.

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

Section B: Treaty Investor (E-2) Visa

1. Eligibility

The E-2 category permits eligible foreign nationals to develop and direct a U.S. enterprise in which they have invested, or are actively investing, substantial capital at risk. 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—substantial in relation to the total cost of purchasing or establishing the specific business—and the funds must be irrevocably committed and subject to partial or total loss. The enterprise must be real and operating, and not marginal; it must have the present or future capacity to generate more than a minimal living for the investor and family, typically through meaningful job creation and genuine commercial activity. The investor must enter to develop and direct the business, or the employee must serve 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, for example:

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

Merely holding funds in a bank account or passively owning publicly traded shares without operational control does not qualify.

3. Required Documents

Applicants file the DS-160 and, for investors, executives, managers, and essential employees, the DS-156E. Core evidence includes:

• Proof of lawful source and path of investment funds
• Corporate formation documents and ownership evidence showing ≥50% treaty-national control
• A credible business plan with financial projections and job-creation estimates
• Evidence of irrevocable commitment (for example, escrow tied to visa issuance, purchase agreements, leases, bank transfers)
• Organisational charts and role descriptions 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-authorised incident to status and may work for any U.S. employer; children may study but are not work-authorised.

Section B Summary

The E-2 is for treaty-country nationals investing substantial, irrevocably committed capital into a real, operating, non-marginal U.S. business. Qualifying individuals develop and direct the enterprise or fill executive, supervisory, or essential-skills roles. Spouses are work-authorised incident to status.

You can read more about the E2 Visa here >>

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

1. Eligibility

The E-3 category is reserved for Australian citizens who will work in the United States in a specialty occupation—positions that normally require at least a bachelor’s degree (or equivalent) in a specific field and the application of specialised knowledge. The E-3 is not linked to treaty trade or investment; it turns on the offered role and the individual’s qualifications. An annual cap of 10,500 applies to principal E-3 visas, and dependants are not counted towards the cap. Historically, the cap has not been reached.

2. Labour Condition Application

Before the visa application or change of status, the U.S. employer must obtain a certified Labour Condition Application (LCA, ETA-9035) from the Department of Labor confirming that the offered wage meets or exceeds the prevailing wage, that similarly employed U.S. workers will not be adversely affected, and that there is no strike or lockout in the occupation at the place of employment. The certified LCA is presented at the consular interview or filed with USCIS, as applicable.

3. Supporting Documentation

Applicants complete the DS-160 and provide:

• An employer offer letter describing duties, salary, location, and period of employment
• A certified LCA (ETA-9035)
• Academic credentials (degrees and transcripts) or evaluations evidencing degree equivalence through education and/or experience
• State licensure where required to commence work, or evidence that licensure will be obtained within a permissible timeframe

4. Family Members

Spouses and unmarried children under 21 may apply for E-3D dependent status. Dependants do not need to be Australian citizens. E-3 spouses are employment-authorised incident to status and may work for any employer. Children may study but are not work-authorised. 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 provides Australians with a dedicated specialty-occupation route requiring a certified LCA, a qualifying degree or equivalent experience, and a bona fide U.S. job offer. Visas are commonly issued in two-year increments and may be renewed while eligibility continues. Spouses are work-authorised incident to status.

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

Section D: USMCA Professional (TN) Visa

The USMCA created a streamlined nonimmigrant pathway—the TN classification—for eligible Canadian and Mexican professionals to work in the United States in occupations listed under the agreement. TN differs from H-1B in key respects: it is limited to Canadian and Mexican citizens, has no annual cap, and typically involves comparatively straightforward processing. TN is not a dual-intent category and requires the applicant to maintain nonimmigrant intent.

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 listed professional occupations. The position must be temporary, although TN status can be renewed. Applicants must demonstrate an intent to depart the United States when their authorised stay ends.

2. Application Requirements

Typical evidence includes:

• A valid passport and DS-160 (Mexican applicants require a consular TN visa; Canadians are generally visa-exempt for TN)
• An employer support letter describing duties, the TN profession, remuneration, and the requested period of stay
• Proof of required credentials (degrees, licences, or alternative qualifications specified for the TN occupation)
• Evidence of compliance with Department of Homeland Security and state licensure rules, where applicable

3. Canadian vs Mexican Applicants

Canadian citizens typically apply directly at a U.S. port of entry or preclearance by presenting documentation to U.S. Customs and Border Protection; no consular visa is usually required. Canadians and Mexicans present in the United States may also seek extension or change of status by filing Form I-129 with USCIS through an employer. Mexican citizens seeking initial TN classification must obtain a TN visa at a U.S. embassy or consulate, which involves completing the DS-160, paying the visa fee, and attending an interview.

4. Family Members

Spouses and unmarried children under 21 may accompany or follow to join in TD status. TD dependants cannot work but may study. Even Canadian dependants require TD classification (though a consular visa may not be required for admission). The TN principal should be prepared to evidence the financial means to support dependants during the authorised stay.

Section D Summary

The TN classification offers a renewable route for Canadian and Mexican professionals in listed occupations, with simplified border processing for most Canadians and consular processing for Mexicans. TN requires continued nonimmigrant intent. TD dependants may study but are not work-authorised.

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

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 United States. 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 or 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. Employment- or family-based immigrant processes may be possible, but travel and timing should be managed carefully to preserve nonimmigrant intent at visa issuance and admission.

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-authorised incident to status and may work for any U.S. employer; a separate EAD is optional. TD dependants of TN holders cannot work but may study. Children across these categories may study but are not work-authorised.

Can these visas be renewed or extended?

Yes. E-1, E-2, and E-3 are commonly admitted in two-year increments and may be renewed while eligibility continues. TN is commonly granted in three-year increments and can be renewed while eligibility and nonimmigrant intent are maintained. Visa validity is distinct from authorised stay, which is controlled by the I-94.

Conclusion

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

While each category has distinct requirements, all demand thorough preparation, clear evidence of eligibility, and ongoing compliance with U.S. immigration law. Applicants should confirm nationality, trade, investment, or professional criteria, and compile comprehensive documentation before applying. Spouses and children can usually accompany the principal, 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. With careful planning, these routes can support business growth and career development in the U.S.

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