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The E-2 visa program is designed to facilitate investment and economic development by allowing foreign investors and their essential employees to work in the United States. A common question among prospective applicants is how many people can apply for an E-2 visa under one company. According to regulations, the program can accommodate multiple investors and numerous qualifying E-2 essential employees. Let’s explore the specifics.
E-2 Investors
Regulations stipulate that up to two investors can apply for E-2 visas under a single company. These investors must meet specific criteria, such as being nationals of a treaty country and making a substantial investment in a bona fide enterprise in the U.S. They must also control at least 50% of the enterprise or hold a position that allows them to develop and direct the operations of the business.
E-2 Essential Employees
Beyond the investors, the E-2 visa also allows for the inclusion of essential employees. An E-2 essential employee is defined as an individual who possesses specialized skills or occupies a managerial or executive role that is crucial for the efficient operation of the business. There is no theoretical cap on the number of E-2 essential employees a company can sponsor, provided each employee qualifies under the E-2 regulations.
Qualifications for E-2 Essential Employees
To qualify as an E-2 essential employee, the individual must meet the following criteria:
Specialized Skills: The employee must possess skills essential to the successful operation of the enterprise. This includes roles that require unique knowledge, technical expertise, or a high degree of experience in the industry.
Managerial or Executive Role: The employee may also qualify if they hold a managerial or executive position, overseeing a significant portion of the company’s operations or managing other employees.
No Cap on Qualified Employees
While there is no theoretical cap on the number of E-2 essential employees a company can sponsor, each application must demonstrate the necessity of the employee's role and their qualifications. This ensures that each E-2 visa granted is justifiable and essential for the business’s operations and growth.
Importance of a Comprehensive Immigration Business Plan
When applying for multiple E-2 visas, it is crucial to prepare a detailed and comprehensive immigration business plan. An immigration business plan for an E-2 visa supporting multiple beneficiaries is significantly different from one supporting a single beneficiary. The plan must outline the roles and responsibilities of each investor and essential employee, justify the necessity of their roles, and demonstrate how each contributes to the business’s success and growth.
Understanding the flexibility of the E-2 visa program is essential for investors and their essential employees. While up to two investors can apply for E-2 visas with one company, there is no cap on the number of qualifying essential employees. However, each application must be supported by a detailed and well-crafted business plan that clearly justifies the necessity and qualifications of each visa beneficiary. By preparing a comprehensive immigration business plan, companies can enhance their chances of securing E-2 visas for their investors and essential employees, thereby contributing to their growth and success in the U.S.
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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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