The E-2 Essential Employee Visa is a visa for physicians or skilled employees. It is important that the applicant to be an employee rather than an investor in order to apply for this visa. Another prior requirement is that the employee must be of the same nationality as the investor of the Company/Enterprise that has the majority ownership of the Company/Enterprise.
- The investors must have personally developed and directed the enterprise in their own country.
- The manager or supervisory position must be the one that grants the employee ultimate control and responsibility for a large portion of the enterprise’s operations or a major component of the enterprise.
- The employer must have an E-2 visa status to qualify to send his employee to the U.S. under the E-2 Essential Employee visa program. In cases when the investor does not have an E-2 status, it must be shown that the employee works for the U.S. enterprise and is coming to U.S. to fulfill the duties of an executive, supervisor, or essentially skilled employee.
- The employee must possess the degree of proven expertise in the area of specialization, the uniqueness of the specific skills, the length of experience and training with the company, the period of training needed to perform the contemplated duties, and the salary the special expertise commands.
- At least 50 percent of the ownership must have the nationality of the treaty country.
If you are interested in filing an E-2 Essential Visa and meet the above requirements, please contact us today.