Who Can Get An E2 Essential Employee Visa?

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Did you know that once you have obtained your E-2 visa as a treaty investor, you can bring essential employees to work for your company in the United States?

The E-2 visa presents an exciting opportunity for entrepreneurs to invest in and start their businesses in the United States. But what many investors may not know, is that they can petition to bring essential employees with certain specialized skills to work for their companies in the United States.

In this video, we discuss:

  • Who qualifies for an E-2 visa as an essential employee?
  • What is an essential employee?
  • How long can essential employees stay in the U.S.?
  • What are the Key Advantages for E-2 Essential Employees?

And more!

To learn more about this important topic, please keep on watching.

Overview

Who Can Qualify as an E-2 Essential Employee?

 An essential employee is one whose duties are vital to the successful operation of the E-2 company. Generally, essential employees may be those who are seeking to work for the E-2 company in an executive, supervisory, or other essential capacity.  Since the E-2 visa is designed to stimulate foreign investment in the U.S. economy, as well as encouraging job creation, this is an excellent visa type for employees who qualify.

To be eligible, the employee of an E-2 treaty investor must:

  1. Have the same nationality as the E-2 employer (example: the E-2 investor is an individual who is a national of Mexico– a country that maintains a treaty of commerce with the U.S. In such a case, the employee must also be a national of Mexico to qualify)
  2. Be coming to the United States to work for the E-2 company in an executive, or supervisory capacity, or if they will be employed in a lesser capacity, they must have special qualifications.

Key Advantages for E-2 Essential Employees

  • If approved, essential employees can live and work in the U.S. for an initial period of two years, and request extensions of up two years each.
  • There is no limit to the number of extensions that can be issued.
  • Essential employees may be accompanied by spouses and unmarried children under 21 years of age to the United States. The nationalities of dependents do not need to be the same as the treaty investor or employee.
  • Spouses of essential employees are considered employment authorized incident to their status, meaning that once their visas are approved, they can legally work in the United States for any employer
  • Prolonged stays are not a problem so long as the employee maintains an intention to depart the United States when their status expires

Executives and Supervisors

Under the law, essential employees who are seeking positions of an executive or supervisory nature must exercise duties that show that they will maintain control or have ultimate responsibility for the operation of the business.

A position is not supervisory if it involves the direct supervision of lower-level employees, unless these functions are merely incidental in nature.

Employees with Special Qualifications

Employees with special qualifications may also qualify. Under the law, special qualifications are defined as special skills or talents which are essential to the operation of the business.

Immigration officers consider several factors when determining whether the employee’s skills are essential to the business including:

  • The degree of expertise in the employee’s area of operations
  • Whether others possess the employee’s specific skills
  • The salary that the special qualifications will command
  • Whether the employee’s skills and qualifications are readily available in the United States

Examples of Essential Employees with Special Qualifications

  • Skilled Technicians: Certain businesses require the skills of trained experts or technicians who have specialized knowledge or certain certifications which are essential to its operations. This includes but is not limited to mechanic technicians and sales engineers.
  • Culinary Experts: For food-related businesses and restaurants, a head chef or specialized culinary expert with special training or unique culinary skills may also qualify as essential to the operation of the business.
  • Language Specialists: Certain businesses that require employees to have specific language skills may also be classified as vital to a business’ operations.

The E-2 Company’s Business Plan

The company’s business plan is an important document in the E-2 employee’s application that helps establish how the essential employee’s specialized skills are vital to the successful operations of the business. Additionally, the business plan may indicate how long the employee’s services will be needed, the importance of the employee’s skills in the U.S. business, and other important details such as the wages that will be paid to the employee commensurate with their expertise and/or skills.

Hiring employees with specialized skills can ultimately support the success of your business in the long run. We invite you to contact us to learn more about how we can help you bring your essential worker to the United States.

Contact Us. If you would like to know whether your employee qualifies, we invite you to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

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