How to Qualify for E-2 Employee Visa

The E-2 employee visa allows citizens of certain countries to work in the United States for a business that qualifies under the E-2 treaty investor program. U.S. Department of State guidance outlines the specific conditions you must meet as an applicant.

E-2 Employee Visa Qualification Criteria

1. Treaty Country Citizenship You must be a national of a country that holds a valid treaty with the United States under 8 CFR 214.2(e). A full list is published on travel.state.gov. 2. Qualified E-2 Employer The U.S. company must be at least 50 percent owned by nationals of your same treaty country and actively engaged in commercial operations. This is required under the U.S. Department of State’s Foreign Affairs Manual, 9 FAM 402.9-7(B). 3. Role Must Be Executive, Supervisory, or Essential You must be employed in either a supervisory or executive role or have essential skills critical to the enterprise. General labor and routine office jobs do not qualify (see 9 FAM 402.9-7(C)).

How to Qualify for E-2 Employee Visa: Application Steps

If applying outside the U.S., submit Form DS-160 through a U.S. consulate. Inside the U.S., your employer must file Form I-129 with USCIS.

Terms and Conditions

You may work only for the sponsoring E-2 employer in the approved role. Initial stay is up to two years (USCIS), with extensions possible if all conditions remain satisfied.