The E2 Treaty Investor visa is one of the best visa options for eligible foreign investors. Fortunately, this visa is not exclusive to investors, as E2 entrepreneurs can sponsor eligible foreign workers to be admitted to the United States under the same status.
In this article, you will discover how E2 employers can sponsor a foreign worker to obtain E2 status.
What is E2 Visa? – Understanding the Concept
As provided by the United States Citizenship and Immigration Services (USCIS), the E2 visa is a nonimmigrant visa that permits a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a US business enterprise.
A treaty country is a country:
- With which the United States maintains a treaty of commerce and navigation
- With which the United States maintains a qualifying international agreement, or
- Which has been deemed a qualifying country by legislation
Additionally, the USCIS provides that certain employees of an E2 employer or a qualifying organization may also be eligible for the E2 nonimmigrant classification.
How Do I Sponsor a Foreign Worker in the US? – Taking a Closer Look
An E2 treaty investor successfully registered with the USCIS can file an E-2 visa application on behalf of qualifying employees.
USCIS specifies that “to qualify for E-2 classification, the employee of a treaty investor must:
- Be the same nationality of the principal alien employer (who must have the nationality of the treaty country),
- Meet the definition of “employee” under the relevant law, and
- Either be engaging in duties of an executive or supervisory character or if employed in a lesser capacity, have special qualifications”
The term “special qualifications” refers to skills and aptitudes which make the services of a specific employee essential to the efficient operation of the E2 business enterprise. These characteristics include, but are not limited to:
- The degree of proven expertise in the employee’s area of operations
- Whether others possess the employee’s specific skills
- The salary that the special qualifications can command
Two categories of employees may qualify for an E-2 visa – specialists or essential skilled workers, and managers, executives, and supervisors.
E-2 Specialist or Essential Skilled Workers
To qualify as an E2 specialist or essential skilled worker, the employee must prove to have the level of knowledge and skill required by USCIS. When filing the petition, the E2 sponsor must demonstrate that the employee:
- Has specialized knowledge essential to the enterprise’s operations
- Has specialized knowledge which may not be easily found in the United States
- Must be brought to the United States for the efficient operation of the E2 enterprise
E-2 Managers, Executives, and Supervisors
Sustaining a successful E2 company in the United States requires a highly skilled management team with capable managers, executives, and supervisors. To meet USCIS requirements, the employee must meet at least one of the following descriptions:
- Occupy a top executive position and manage an entire structure or a critical part of the E2 business enterprise
- Provide relevant supporting documents reflecting the employee’s ability and experience in top managerial and executive roles (i.e., resume, job description, supporting letters, etc.)
- Demonstrate the level of managerial or executive skill required to run the E2 business enterprise in specific circumstances where the owner is not available to command
Do You Want to Sponsor a Foreign Worker in the US Under E2 Status? – Immediately Contact Attorney Romy B. Jurado
Sponsoring a foreign worker to be admitted to the United States under E2 status requires a strategic approach. Call Immigration Attorney Romy B. Jurado today at (305) 921-0976 or email Romy@juradolawfirm.com to schedule a consultation.