Introduction
The E-2 Treaty Employee Visa serves as a pivotal avenue for qualified individuals from treaty countries to work in the United States. Unlike the E-2 Treaty Investor Visa, employees in this regard do not have to invest themselves in the company or organization subject to the E-2 Treaty Investment. Some of the eligibility criteria for the E-2 Treaty Employee Visa and unique benefits are mentioned in the following:
Eligibility Criteria
Nationality:
The nationality of the employee seeking an E-2 Treaty Employee Visa must be the same as that of the principal alien employer. So, an individual with a nationality other than the principal employer’s nationality cannot be considered an “employee” for the sake of an E-2 Treaty Employee Visa. Moreover, the individual must fit the definition of “employee” under relevant laws.
Qualifying Employer:
Applicants must be employed by a qualified U.S. enterprise or organization that meets the criteria for an E-2 visa in case the principal alien employer is not an individual. The enterprise or organization must be at least 50% owned by individuals who are citizens of the treaty country, or it must have substantial operations in the treaty country. Such owners must maintain nonimmigrant treaty investor status, or if the owners are not in the United States, they must be classifiable as nonimmigrant treaty investors if they were to seek admission to these countries.
Specialized Skills or Qualifications:
Specialized skills or qualifications are essential to an individual’s eligibility for an E-2 Treaty Employee Visa. No certain skillset is specified to qualify for an E-2 Treaty Employee visa automatically. It mostly depends on the degree and the exclusivity. These skills and qualifications must be essential to maintain the efficient operation of the treaty enterprise, and they may include advanced technical capabilities, managerial expertise, and specialized knowledge. Some factors must also be considered, such as prominence in the relevant field, others possessing similar skill sets, salary fit for the skills, and availability of skills and qualifications in the U.S.
Skills surrounded by foreign language and culture are not considered special skills for the E-2 Treaty Employee Visa. Another point to be noted is that any certain skill regarded as special at some point may no longer be qualifying due to it becoming common.
Benefits
Employment Opportunity:
The E-2 Treaty Employee Visa provides employment opportunities for skilled professionals who aspire to work in the United States with U.S. enterprises in diverse industries. Whether it is a technology startup or a well-established manufacturing firm, eligible employees can utilize their expertise to contribute and drive innovation in the American market.
Sponsoring Spouses and Dependents:
Similar to E-2 Treaty Investor Visas, principal E-2 Treaty Employee visa holders will get the opportunity to sponsor their spouse and unmarried children under 21 years of age as dependants of the principal applicant. Dependents can accompany the principal visa holder to the United States and enjoy the privileges of living, studying, and, in some cases, working in the country.
Renewability:
The E-2 Treaty Employee Visa is renewable for an indefinite period as long as the status of the E-2 Treaty Investor employer is maintained. This renewable nature provides a sense of stability and continuity for employees and their families, allowing them to build roots in the United States over the long term.
Conclusion
The E-2 Treaty Employee Visa offers skilled individuals from treaty countries a chance to work in the U.S., bringing their expertise to American businesses. By grasping the visa’s requirements and advantages, eligible candidates can smoothly apply and seek jobs that match their career goals. With globalization strengthening economic ties across borders, the E-2 Visa plays a crucial role in promoting international talent movement and fostering economic collaboration between treaty nations and the U.S.
