To qualify for an E-2 Visa, one of the most important requirements you need to meet is that your investment must create or maintain jobs for U.S. workers. The question is: how many U.S. workers do you need to hire to qualify for an E-2 Visa? The answer is not as simple as you may think.

While there is no magic number etched in stone, understanding the concept of “substantiality” is key to navigating this requirement. Think of substantiality as a way for the U.S. government to assess the genuine economic impact of your investment. They want to see businesses that create jobs and contribute positively to the American economy, not just ventures that primarily benefit the investor and their immediate family.

Demystifying “Substantiality”: It is a Multifaceted Approach

So, how do you demonstrate substantiality in terms of U.S. worker employment? Here is the good news: the number of employees is not the sole factor. While a recommended benchmark is to aim for at least three full-time U.S. employees, the focus truly lies on the proportionality of your workforce to the nature and size of your business.

Imagine you are opening a cozy bakery. Three employees might be perfectly sufficient to run the operation, demonstrating substantiality without being excessive. On the other hand, a large manufacturing plant would naturally require a significantly higher workforce to function effectively.

The key is to strike a balance. You want to show that your business is operational, generating revenue, and contributing to the local economy through job creation. This does not necessarily mean hiring a massive team from day one; rather, it means demonstrating a clear plan for growth and U.S. worker recruitment as your business flourishes.

Beyond the Numbers Game: Additional Layers of Evidence

Remember, demonstrating substantiality goes beyond just the number of employees you hire. Here are some additional factors that can strengthen your E-2 Visa application:

  • Investment amount: A substantial investment in a U.S. business is another key indicator of your commitment to the venture and its potential for economic contribution. Think of it as putting your money where your mouth is, demonstrating a genuine and significant financial stake in the success of your American enterprise.
  • Business plan: A well-defined business plan outlining your projected growth, revenue generation, and future hiring plans can significantly bolster your application. This document serves as a roadmap for your business, showcasing its viability and potential to create jobs and contribute to the U.S. economy over time.
  • Payroll history: If you have already begun operations and have a demonstrable history of employing U.S. workers, this is a strong point in your favor. It shows concrete action and a commitment to creating American jobs, which strengthens your application by demonstrating your investment’s positive economic impact from the outset.

We Can Help You Qualify for an E-2 Visa

Navigating the intricacies of E-2 Visa requirements can feel daunting. However, with the experienced guidance of Jurado & Associates, P.A., it can be a walk in the park. 

Our team of dedicated immigration attorneys possesses a wealth of knowledge and expertise in E-2 Visa matters. We can help you understand the complexities of “substantiality,” create a compelling application showcasing your business’s potential, and guide you through every step of the E-2 Visa application process.

Do not let uncertainty hold you back from pursuing your American dream. Contact us today. We will be your trusted partner on the path to success! 

Reach out to us by calling (305) 921-0976, emailing [email protected], or connecting with us through WhatsApp at +1 (305) 921-0976.