Identify the visa category that matches your background and purpose of employment
Common options include:
- E-1 Treaty Trader Visa: For nationals of treaty countries conducting substantial trade between their home country and the U.S.
- E-2 Treaty Investor Visa: For nationals of treaty countries making substantial investments in U.S. businesses.
- Other Nonimmigrant Visas: Examples include H-1B (specialty occupations), O-1 (extraordinary ability), and L-1 (intra-company transferee).
Key Details:
- Verify if your country has a qualifying treaty with the U.S. for E-1 or E-2 visas.
- Research specific eligibility criteria for other nonimmigrant classifications.
Self-Petition or Employer Petition
- Self-Petition (E-1 or E-2): File the visa application independently if you meet the criteria for international trade or substantial investment.
- Employer Petition (e.g., H-1B, O-1, L-1): A U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, on your behalf.
Key Details:
- E-1 and E-2 applicants must provide detailed business plans, financial proof, and evidence of substantial trade or investment.
- Employer-sponsored visas typically require an approved Labor Condition Application (LCA) or proof of extraordinary ability.
File the Visa Application
If outside the U.S., submit the appropriate visa application to the U.S. Department of State:
- Complete Form DS-160 (Nonimmigrant Visa Application).
- Schedule an interview at a U.S. Embassy or Consulate.
Key Documents Required:
- Valid passport.
- Proof of business activity (E-1) or investment (E-2).
- Evidence of qualifications and experience (for employer-sponsored visas).
- Approval notice of Form I-129 (if applicable).
Seek Admission to the U.S.
Present yourself at a U.S. Customs and Border Protection (CBP) checkpoint with your visa and supporting documents.
Obtain entry permission to engage in your proposed activity.
Employment Authorization (If Necessary)
If your visa does not inherently grant work authorization, apply for an Employment Authorization Document (EAD):
- File Form I-765 (Application for Employment Authorization).
- Provide proof of lawful nonimmigrant status and eligibility for work authorization.
Key Details:
An EAD may be required for dependents or individuals adjusting status to permanent residence.
Compliance with Visa Conditions
Adhere to the terms and conditions of your visa, including employer, location, and job restrictions.
Monitor visa validity and renew as needed.
Path to Permanent Residency (Optional)
Consider applying for permanent residence (Green Card) if eligible:
- Employment-Based Immigrant Visa: Apply based on skills, education, or job offer.
- Adjustment of Status: File Form I-485 to transition from a nonimmigrant to immigrant visa.
