The E-2 Employee Visa offers foreign nationals an excellent opportunity to work in the United States for an E-2 treaty business. Particularly advantageous due to its streamlined and quicker process compared to other work visas such as L-1 and H-1B, the E-2 employee visa helps treaty businesses effectively hire managers, executives, supervisors, and specialized or essential employees.
In this article, we explore the core requirements and application considerations for obtaining an E-2 employee visa.
What is an E-2 Employee Visa?
The E-2 employee visa allows certain foreign nationals to work in the U.S. for businesses registered as E-2 companies. Unlike other visas, the E-2 employee visa can only be issued to nationals from the same treaty country as the E-2 business owner.
When a foreign investor’s E-2 visa is approved, their business adopts the nationality of the investor. For instance, if a business is owned entirely by a German national, it acquires German nationality. If ownership is split equally between nationals of two treaty countries, such as Germany and Italy, the business adopts dual nationality. Nationals of these countries become eligible to apply for an E-2 employee visa.
Who Qualifies for an E-2 Employee Visa?
The E-2 employee visa is specifically designated for two categories:
- Managers, Executives, and Supervisors:
Applicants must primarily perform managerial, executive, or supervisory duties. They must demonstrate significant responsibility and control over key aspects or the entirety of the business. Typical evidence includes organizational charts, detailed job descriptions, resumes outlining relevant experience, and company support letters. The position’s title and salary should clearly reflect its managerial or executive nature.
- Specialized or Essential Employees:
Employees in this category must possess specialized or unique skills essential to the business. Examples include specialized chefs, technicians, or professionals with industry-specific knowledge not readily available among U.S. workers. Applicants must show evidence of specialized training or experience, demonstrating that their skills significantly benefit the company’s operations. The U.S. government typically expects businesses to eventually train U.S. workers in these specialized roles, making long-term E-2 visas in this category more challenging, though not impossible, to obtain.
Benefits of the E-2 Employee Visa
An attractive aspect of the E-2 employee visa is its associated benefits for family members. Spouses and dependent children of E-2 employees can obtain derivative E-2 visas, allowing spouses to work freely and children to study in the U.S. Additionally, spouses can also attend school.
E-2 Employee Visa: Essential Requirements
Nationality Matching the E-2 Company
The employee must hold a passport from the same country as the E-2 business nationality. This requirement ensures that the visa is only available to citizens from countries holding E-2 treaties with the United States.
Intent to Depart the U.S.
Similar to investors, E-2 employees must demonstrate intent to depart the U.S. upon visa expiration. Maintaining non-immigrant intent is critical for approval.
Investor’s Valid Status (If Applicable)
If the E-2 investor resides in the U.S., they must maintain valid E-2 status to ensure the company’s continued eligibility to sponsor E-2 employees. However, a U.S.-based company with foreign owners abroad may sponsor E-2 employees without the owners holding an E-2 visa.
Common Questions About the E-2 Employee Visa
Do Applicants Need a Degree?
No specific educational background or degree is required for an E-2 employee visa. However, relevant experience and expertise in the field or managerial capacity are essential and must be clearly demonstrated.
Is There a Minimum Salary Requirement?
While no explicit minimum salary exists, the salary offered must be commensurate with the employee’s role and responsibilities. A salary significantly lower than industry standards for similar roles might raise concerns during the visa approval process.
How Long is an E-2 Employee Visa Issued?
The duration of the E-2 employee visa varies depending on the reciprocity agreements between the U.S. and the applicant’s home country. It can typically be renewed indefinitely, provided the sponsoring company and investor continue to meet eligibility requirements.
E-2 Employee Visa as an Alternative to Investor Visas
An E-2 employee visa may be a strategic alternative for business partners planning executive roles within an E-2 company. One partner might secure an investor visa, while the other obtains an E-2 employee visa, thereby avoiding the requirement to invest substantial capital or hold company ownership. However, it’s crucial to note that the E-2 employee’s visa remains dependent on the investor’s continued eligibility.
Final Thoughts
The E-2 employee visa is a beneficial, efficient pathway for treaty companies and foreign employees aiming to operate in the U.S. Understanding its nuanced requirements and planning accordingly are crucial steps toward successful approval. As always, consulting with an immigration lawyer can significantly enhance the chances of a smooth and successful application.
