E-2 Essential Employee, Who Will Qualify?

E-2 Visa: Treaty Investor visa and E-2 Essential Employee visa

Generally, an E2 visa is a Treaty Investor visa defined under the Immigration and Nationality Act (INA) granting special status to foreign investors who entered into treaties with the United States. A treaty country is one that has an existing treaty agreement with the United States for Friendship, Commerce, and Navigation. The E2 Investor visa is for foreign nationals who intend to reside in the United States by investing substantial capital to any U.S. business enterprise. The investor must personally manage or oversee the operation of the business.

E-2 Essential Employee visa: Qualifications

An E-2 visa is classified as a nonimmigrant visa that is given only to nationals of a treaty country.

However, when the E-2 visa applicant is an employee of the E2 investor, certain requirements must be complied with to consider the applicant for an E-2 Essential Employee visa.

It is intended for employees of the E2 Treaty Investor who hold the position as a Manager or Supervisor or a worker with special skills that makes the employee a necessary and essential employee in keeping control of the operations of the business. For an employee to qualify for an E-2 Essential Employee visa, certain legislations were enacted to provide for certain qualifications.

The employee of a treaty investor must:

  • be an employee of an E-2 investor;
  • hold the position as an executive or supervisory position controlling the majority of the operations of the business;
  • hold a lesser position in the company, but must possess special skills with proven expertise in a specialized field which is necessary and vital for the operation of the business; and
  • belong to the same nationality of the E2 Treaty Investor or the nationality of the majority owner of the business of a treaty country;

The E-2 Essential Employee must be in control of the business and partakes a greater responsibility in the operation of the business. The bulk of the responsibility in the business must be principal and primary in nature and not merely incidental or collateral in function.

E-2 Essential Employee visa: was filed?

Application for E-2 Essential Employee can be filed directly at the U.S. Consular Office or U.S. Embassy of the applicant’s home country.

Approval of the visa from the United States Citizenship and Immigration Service (USCIS) is not required.

Benefits of the E-2 Essential Employee visa

Like the E2 Treaty Investor visa, the employee granted with the E-2 Essential Employee visa would have the following privileges. The applicant may:

  • stay and work legally in the U.S. for the duration of the visa or its extensions;
  • travel freely inside and outside of the U.S. ;
  • bring along the dependent spouse and unmarried children under the age of 21 to live in the U.S.;

E-2 Essential Employee visa help: Log on to

USA citizenships is the website of the Law Offices of David A. Lluis located in downtown Los Angeles in California. They are composed of immigration experts and lawyers who have assisted several visa applicants, investors, workers and marriage petitioners, and applicants in all issues pertaining to immigration.

They are available for consultation at (888) 940-0044 or for more information.