Job Creation Under the E-2 Visa: What U.S. Law Requires

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The E-2 Treaty Investor visa does not require investors to create a specific number of jobs. However, hiring employees can help demonstrate the business’s economic contribution to the United States.

Under E-2 regulations, an enterprise must be more than marginal. This means it must have the present or future capacity to generate more than a minimal living for the investor and their family or make a significant economic contribution to the U.S. economy.

For an established business, existing employees and payroll records may help demonstrate its economic activity. If you’re starting a new enterprise, hiring plans can help explain how you expect the business to develop.

Any hiring projections should reflect the actual needs of the enterprise. Consider which positions will be necessary, when employees are expected to join, and whether projected revenue can support their salaries. A business that can generate sufficient income with a small team may have different staffing requirements from one that depends on a larger workforce.

Sources

  1. USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
  2. eCFR. https://www.ecfr.gov/current/title-8/section-214.2
  3. U.S. Department of State. https://fam.state.gov/FAM/09FAM/09FAM040209.html
  4. eCFR. https://www.ecfr.gov/current/title-22/section-41.51

Any information contained in this website is provided for general guidance only, not intended to be a source of legal advice. As such, any unlawful use is strictly prohibited. Prior success does not guarantee same result.

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