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The E-2 classification allows nationals of qualifying treaty countries to enter the United States to develop and direct a U.S. enterprise in which a substantial amount of capital has been invested. Certain employees of a treaty investor or qualifying organization may also qualify for E-2 classification when they meet the applicable nationality and employment requirements and will perform executive, supervisory, or specially qualified duties.
 
For E-2 employees, the nature of the proposed position and the beneficiary’s qualifications are critical. Executive or supervisory positions must provide substantial authority and responsibility over the enterprise or a significant component of its operations. Where the position is not primarily executive or supervisory, the beneficiary may qualify based on special qualifications, skills, expertise, or aptitudes that are essential to the efficient operation of the treaty enterprise.
 
Our faculty experts provide independent, customized E-2 Employee expert opinions evaluating the beneficiary’s education, professional experience, specialized expertise, and proposed role within the treaty enterprise. The analysis considers the beneficiary’s proposed duties, level of authority, discretionary decision-making, responsibility for business operations, supervision of professional or supervisory personnel, position within the organizational structure, and the extent to which routine staff-level functions are merely incidental to the role. Factors may include the beneficiary’s proven expertise, specialized skills, experience, compensation, the availability of individuals with comparable qualifications in the U.S. labor market, and the difficulty or cost the enterprise would face in obtaining similarly qualified personnel.