Do I Need to Hire U.S. Employees for My E-2 Visa Business?

When considering an E-2 Visa for your business, it's important to understand the employment requirements associated with this visa category. Hiring U.S. employees may be a crucial aspect of your E-2 Visa application, and in this blog post, our Phoenix E-2 visa lawyers will explore the key factors to consider.

1. Determining the Need for U.S. Employees

Before deciding whether to hire U.S. employees, it's essential to evaluate the specific needs of your business. Consider factors such as the nature of your business, its size, and the roles and responsibilities that require local expertise. Identifying the need for U.S. employees will help you make an informed decision.

2. Meeting the Substantiality Requirement

One of the primary requirements for an E-2 Visa is demonstrating that your investment is substantial. Hiring U.S. employees can be a way to showcase the significance of your business in the U.S. market. We will discuss strategies to meet this requirement while ensuring compliance with employment laws.

3. Understanding the Impact on Job Creation

The E-2 Visa program aims to stimulate the U.S. economy by creating job opportunities for U.S. workers. Hiring U.S. employees can contribute to this objective and strengthen your visa application. Learn about the specific job creation requirements and how to fulfill them effectively.

4. Navigating Employment Laws and Regulations

When hiring U.S. employees, it's crucial to comply with federal and state employment laws. From obtaining the necessary permits to understanding wage and hour regulations, we will provide practical tips to ensure your business remains in full compliance throughout the hiring process.

5. Exploring Alternatives to Hiring U.S. Employees

Hiring U.S. employees may not be the only option to meet the requirements of your E-2 Visa. We will discuss alternative strategies such as subcontracting, utilizing independent contractors, or partnering with local businesses. These options can help you achieve your goals while maintaining flexibility.

Contact our Phoenix E-2 Visa Lawyers

Understanding the employment requirements for your E-2 Visa business is crucial for a successful visa application. By carefully evaluating the need for U.S. employees, meeting the substantiality requirement, and navigating employment laws, you can enhance your chances of obtaining an E-2 Visa.

If you have any questions or need assistance with your E-2 Visa application, Kanu & Associates, P.C. is here to help. Our experienced team of immigration professionals can provide personalized guidance tailored to your specific needs.

Begin your case by arranging a consultation with Kanu & Associates, P. C. at (602) 353-7795. Se habla español.

Purpose & Requirements of E-2 Visas

If you receive an E-2 visa, you can enter the United States and remain as long as you are working on an investment that you manage. You cannot be a minor investor in a business or project, though. The investment you make has to be significant enough to make a major impact on the company’s operation and future.

Eligibility requirements for a Treaty Investor (E-2) visa include:

  • Investor needs to be a national of treaty country
  • Investment must be substantial and sufficient to ensure successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
  • Investment must be a legitimate, committed operating enterprise.
  • Investment may not be marginal and must produce substantially more income than just to provide a living to the investor and family, or must have significant economic impact in the U.S.
  • Investor must have control of the funds and investment must be at risk in a commercial sense.
  • Investor must be coming to the U.S. to develop and direct the enterprise. However, if the applicant is not the principal investor, he/she must be employed in a supervisory, executive, or highly specialized skill capacity.

Don’t forget that you will also need to register with your country’s U.S. Embassy to gain sponsorship before your E-2 visa application can be accepted. If your E-2 visa application is approved, you can expect it to last a minimum of three months with a maximum of five years. However, an E-2 visa can be renewed as many times as needed, allowing for a stay of indefinite duration in the United States.

How To Get A Green Card From A E-2 Visa

As a non-immigrant visa, the E2 does not allow for a direct conversion to a Green Card. However, there are ways to obtain a Green Card from an E2 Visa. First, you may apply for an EB5 Visa if you invest $1,000,000 in a commercial business or at least $500,000 in a high-unemployment location in the U.S. You may also obtain a Green Card by converting your E2 through a derivative petition or family petition.

If you have questions about your immigration status or need help converting your E2 Visa, speak with an experienced immigration lawyer in Phoenix at Kanu & Associates, P. C.. An attorney who specializes in immigration law can help you submit the appropriate documents and evidence needed to obtain a Green Card or investment visa.

Do you have more questions? Don’t wait to get legal help from our Arizona E-2 visa attorney. Call (602) 353-7795 now!

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