One of the most common misconceptions about the E-2 investor visa is that you must hire employees before applying. In reality, you are not required to have employees in place at the time of filing your E-2 application. Many successful E-2 applications are approved for entrepreneurs whose businesses are still in the early startup phase.
E-2 Visa Requirements for Startups
The E-2 visa is designed to support active investment in a real, operating enterprise. While hiring U.S. workers is an important element of meeting the visa’s long-term requirements, it is not necessary to demonstrate employment on day one. Instead, E-2 applicants can show the formation of a U.S. business entity, a dedicated business bank account, active investment through purchases, and a signed commercial lease.
The Role of a Strong Business Plan
If you do not yet have employees, it is essential to include a comprehensive business plan with your E-2 application. This plan is your opportunity to show consular officers that your enterprise is not marginal and has a clear path to growth. Your business plan should outline your operational strategy, projected financials for at least five years, and detailed hiring projections with specific roles, timelines, and salary estimates.
When Hiring Becomes a Requirement
While hiring employees is not required before submitting the E-2 application, it is important to understand that long-term E-2 visa compliance depends on growth. For future renewals, the government will assess whether your business has followed through on the hiring projections outlined in your initial plan and is creating economic value. Failure to do so could impact your ability to renew your status.
Plan for Success
A strong E-2 application focuses on demonstrating a credible plan for future success. You don’t need to have a full team on board from the start, but you do need a clear vision for how your business will grow and contribute to the U.S. economy. If you need assistance preparing a strong business plan and application, schedule a consultation with us to speak with our experienced immigration attorneys.
