E-2 Visa Attorney in Newark, NJ

E-2 Visas for Employees of a Treaty Enterprise

The E-2 category isn’t limited to principal investors. A qualifying E-2 enterprise can also sponsor foreign national employees, provided those employees meet the nationality and role requirements.

To qualify, the employee must share the same nationality as the treaty investor employer, and the sponsoring U.S. entity must be at least 50% owned by nationals of the same qualifying treaty country. The employee must hold an executive, managerial, or essential-knowledge position. Essential-knowledge employees are those whose skills are critical to the enterprise’s operations and would be difficult to replace from the U.S. labor market.

Derivative E-2 Status for Spouses & Children

The E-2 investor’s spouse and unmarried children under age 21 are eligible for derivative E-2 visas to accompany the principal investor in the United States. Once in the U.S., the spouse is generally employment authorized incident to their E-2 status and may also apply for an Employment Authorization Document for the duration of the E-2 period. Dependent children in derivative E-2 status aren’t authorized to work.

The E-2 Application Process

How you apply depends on where you are. Foreign nationals outside the United States typically apply at a U.S. Embassy or Consulate in their home country through consular processing, which usually includes an in-person interview. Those already in the U.S. in a valid nonimmigrant status may apply for a change of status to E-2 without departing.

In either case, the documentation burden is significant. A complete application typically requires the following:

Standard E-2 application documentation includes:

• A detailed business plan
• Evidence of the investment funds and their legitimate source
• Proof of treaty country nationality
• Documentation of the investor’s ownership and control of the enterprise
• Evidence that the business is not marginal

Errors or omissions in the application package can trigger requests for additional evidence or result in denial. Thorough preparation from the start can reduce that risk.

Our E-2 visa attorney team guides clients through each stage, from evaluating treaty country eligibility and organizing investment documentation to preparing the application and supporting consular interview preparation where applicable. Clients are matched with the attorneys best positioned to handle their specific circumstances.