Which Workers and Employees Can Be Brought to the U.S. with an E-2 Visa?

By Asim Clinch, Immigration Attorney at Clinch Law Firm

The E-2 visa not only offers opportunities for investors but also enables certain qualified workers and employees to work in the U.S. Bringing the skilled employees your business needs to the U.S. is critical for the success and growth of your business. In this article, we’ll provide information about the types of employees that can be brought to the U.S. under the E-2 visa, the requirements, and the application processes:

• Types of Employees That Can Be Brought with an E-2 Visa
• Requirements for Eligible Employees
• The Process of Bringing Employees to the U.S. with an E-2 Visa
• Rights for Family Members of Employees

If you have additional questions about the E-2 visa, feel free to reach out through the comments section below, directly via LinkedIn, or through our Clinch Law Firm Immigration Attorneys’ website!

Types of Employees That Can Be Brought with an E-2 Visa

The E-2 visa allows two main categories of employees to be brought to the U.S.:

E-2 Executives and Specialists (Executive/Managerial Employees)

Executives who manage the company’s operations or specialists with unique skills that contribute to the growth of the business can be brought to the U.S. with an E-2 visa.

• Executive Positions: Individuals responsible for managing the business broadly or making critical decisions. These roles are strategically important for the company’s success.
• Specialist Employees: Individuals with specific knowledge, experience, or technical skills required for the company’s operations.

E-2 Essential Workers (Essential Employees)

Essential workers are individuals with skills critical for the successful operation of the business. These employees can be brought to the U.S. when no local alternatives are available. For example, personnel with technical expertise or unique knowledge related to a particular product or service may fall into this category.

Requirements for Eligible Employees

To bring employees to the U.S. with an E-2 visa, certain criteria must be met:

• Citizenship Requirement: The employee must be a citizen of one of the E-2 treaty countries that the investor is also a citizen of.
• Job Qualification: The position must be crucial for the company’s operations. Especially for executives or specialized workers, the role’s contribution to the business must be documented.
• Company Necessity: The employee’s presence must be critical for the business. If there are no suitable candidates in the U.S. labor market, this must be demonstrated with evidence.

Proper documentation of these requirements is essential for a successful visa application process.

The Process of Bringing Employees to the U.S. with an E-2 Visa

The steps to bring employees to the U.S. are as follows:

1. Defining the Position: Determine the duties, responsibilities, and skills required for the roles needed by the business.
2. Visa Application Process: Complete the necessary documentation for employees and apply through U.S. consulates. This includes providing company details, investment specifics, and proof of workforce needs.
3. Consular Interview: Employees must complete an interview at the consulate to gain entry to the U.S. During this stage, the employee’s job position and contributions to the business should be clearly explained.

Any errors or omissions during the visa process can lead to application denial.

Rights for Family Members of Employees

Employees brought to the U.S. with an E-2 visa can also bring their spouses and children under 21 years of age. Spouses can apply for work authorization in the U.S., and children can access educational opportunities. This is a significant advantage that makes relocating to the U.S. more appealing.

Conclusion

It’s clear that bringing employees to the U.S. with an E-2 visa can make a significant contribution to the success of your business. However, this process requires accurate documentation and a strategic approach. The qualifications of the employees, their contributions to the business, and compliance with legal requirements are crucial.

At Clinch Law Firm, we provide comprehensive consulting services to E-2 visa holders and businesses aiming to bring their employees to the U.S. To expand your workforce, boost your business’s success, and receive professional support, contact us via our website at clinchlaw.com, by email at info@clinchlaw.com, or through LinkedIn.