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O
C
Where the E-2 visa applicant is an employee rather than an
investor, that employee must be of the same Nationality of the
investor OR Company/Enterprise that has majority ownership of
the Business/enterprise. The Employee can be a
Manager/supervisor or a worker with special skills making him or
her essential to the running of the business.
1. A supervisory position grants the employee ultimate control
and responsibility for a large proportion of the enterprise's
operations or a major component of the enterprise. It does not
involve the supervision of low-level employees. The supervisory
element of the employee's position must be a principal and
primary function, and not an incidental or collateral function.
2. The essential nature of an alien's "special skills" is determined
by assessing the degree of proven expertise of the alien in the
area of specialization, the uniqueness of the specific skills, the
length of experience and training with the firm, the period of
training needed to perform the contemplated duties, and the
salary the special expertise commands.
Unlike the H1B, there is no Quota on the number of employees
permitted.
The E-2 employee visa can be filed directly at the Consulate of
the Home Country of the applicant without the prior approval of
the USCIS or can be filed as a change of status if the applicant is
in the United Sates.
The E-2 visa can be approved in a matter of a few weeks if the
applicant is filing under premium processing in the United States.
The Spouse of the E-2 Investor is eligible for an employment
Authorization Card, (Work Permit) allowing the spouse the ability
to work legally in the United States at any legal job.
The E-2 visa must be extended every Five (5) years however
there is NO limit in extensions and an applicant may remain in E-2
visa for an indefinite time, as long as the investment enterprise is
ongoing.
Countries with Treaties for E-2 Visas:
Albania, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan,
Bangladesh, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria,
Cameroon, Canada, China (Taiwan), Colombia, Congo
(Brazzaville), Congo (Democratic Rep. of the), Congo (Rep.),
(Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt,
Estonia, Ethiopia, Finland, France, Georgia, Germany, Gibraltar,
Grenada, Haiti, Honduras, Iran, Ireland, Italy, Jamaica, Japan,
Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Lithuania,
Luxembourg, Macedonia, Mexico, Moldavia, Mongolia, Morocco,
Mozambique, Netherlands, Netherlands Antilles, Norway, Oman,
Pakistan, Panama, Paraguay, Philippines, Poland, Romania,
Serbia Montenegro, Slovakia, Slovenia, Spain, Sri Lanka,
Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad &
Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Uzbekistan,
Yugoslavia, Wallis & Futura Islands, Western Sahara.
investor, that employee must be of the same Nationality of the
investor OR Company/Enterprise that has majority ownership of
the Business/enterprise. The Employee can be a
Manager/supervisor or a worker with special skills making him or
her essential to the running of the business.
1. A supervisory position grants the employee ultimate control
and responsibility for a large proportion of the enterprise's
operations or a major component of the enterprise. It does not
involve the supervision of low-level employees. The supervisory
element of the employee's position must be a principal and
primary function, and not an incidental or collateral function.
2. The essential nature of an alien's "special skills" is determined
by assessing the degree of proven expertise of the alien in the
area of specialization, the uniqueness of the specific skills, the
length of experience and training with the firm, the period of
training needed to perform the contemplated duties, and the
salary the special expertise commands.
Unlike the H1B, there is no Quota on the number of employees
permitted.
The E-2 employee visa can be filed directly at the Consulate of
the Home Country of the applicant without the prior approval of
the USCIS or can be filed as a change of status if the applicant is
in the United Sates.
The E-2 visa can be approved in a matter of a few weeks if the
applicant is filing under premium processing in the United States.
The Spouse of the E-2 Investor is eligible for an employment
Authorization Card, (Work Permit) allowing the spouse the ability
to work legally in the United States at any legal job.
The E-2 visa must be extended every Five (5) years however
there is NO limit in extensions and an applicant may remain in E-2
visa for an indefinite time, as long as the investment enterprise is
ongoing.
Countries with Treaties for E-2 Visas:
Albania, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan,
Bangladesh, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria,
Cameroon, Canada, China (Taiwan), Colombia, Congo
(Brazzaville), Congo (Democratic Rep. of the), Congo (Rep.),
(Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt,
Estonia, Ethiopia, Finland, France, Georgia, Germany, Gibraltar,
Grenada, Haiti, Honduras, Iran, Ireland, Italy, Jamaica, Japan,
Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Lithuania,
Luxembourg, Macedonia, Mexico, Moldavia, Mongolia, Morocco,
Mozambique, Netherlands, Netherlands Antilles, Norway, Oman,
Pakistan, Panama, Paraguay, Philippines, Poland, Romania,
Serbia Montenegro, Slovakia, Slovenia, Spain, Sri Lanka,
Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad &
Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Uzbekistan,
Yugoslavia, Wallis & Futura Islands, Western Sahara.
BOGLE
OKOYE
CHANG
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BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
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E2 Work Visas: Essential Workers
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