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Key Employee Requirements for E-2 Visa Renewal Through USCIS

By May 31, 2024E-2 Visa

Securing an E-2 visa renewal through the United States Citizenship and Immigration Services (USCIS) involves specific criteria concerning the number of employees in your enterprise. This requirement is vital for business owners looking to extend their stay in the U.S. under this investment-based visa category.

Understanding the E-2 Visa Employee Requirement

The E-2 visa permits investors from treaty countries to operate a business in the U.S. A common concern among E-2 visa holders is the number of employees needed when it comes time to renew this visa. This figure can be pivotal in demonstrating the economic impact of the business to USCIS, influencing the success of the renewal application.

Employee Requirements for Renewal

When you first acquire the E-2 visa, the expectations for business operations, including employment creation, are set with future renewals in mind. Generally, an E-2 business should be operational and generating more than enough revenue to support the investor and their family. However, the specific number of required employees can vary based on the business’s maturity and scope. Generally, we suggest at least the equivalent of 3 full-time employees over a 5 year period.

Guidelines for Early Renewal

For those seeking an extension where the visa was only granted for less time (example, 2 years), the employee requirement tends to be more lenient. Even having one employee may suffice to demonstrate the business’s ongoing operations and its contribution to the U.S. economy. This flexibility is designed to accommodate the growth stages of new businesses, which may not have the capacity for larger staff initially.

Strategic Considerations for Business Owners

Having more employees can be beneficial for strengthening your case for renewal. It showcases growth and a significant contribution to the local economy. Business owners should aim to balance operational capacities with strategic hiring to bolster their renewal applications.  The entire reason the E-2 was granted was because an officer initially thought that the business would create US jobs.  Job creation is key.

Renewing your E-2 visa requires careful planning and understanding of USCIS requirements, particularly regarding employment. Explore our free resources or schedule a consultation with us for tailored advice on your visa renewal strategy.

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