The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. To qualify for E-2 classification, the employee of a treaty investor must:
Be the same nationality of the principal alien employer;
Meet the definition of “employee” under relevant law; and
Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
Duties that are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the enterprise’s overall operation, or a major component of it.
Duties that are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the enterprise’s overall operation, or a major component of it. The applicant’s position must be principally and primarily, as opposed to incidentally or collaterally, executive or supervisory in nature. Executive and supervisory duties are those which provide the employee ultimate control and responsibility for the enterprise’s overall operation or a major component thereof. In determining whether the applicant has established possession of the requisite control and responsibility, a Service officer shall consider, where applicable:
That an executive position is one which provides the employee with great authority to determine the policy of, and the direction for, the enterprise;
That a position primarily of supervisory character provides the employee supervisory responsibility for a significant proportion of an enterprise’s operations and does not generally involve the direct supervision of low-level employees, and;
Whether the applicant possesses executive and supervisory skills and experience; a salary and position title commensurate with executive or supervisory employment; recognition or indicia of the position as one of authority and responsibility in the overall organizational structure; responsibility for making discretionary decisions, setting policies, directing and managing business operations, supervising other professional and supervisory personnel; and that, if the position requires some routine work usually performed by a staff employee, such functions may only be of an incidental nature.
Special qualifications are skills and/or aptitudes which make the employee’s services essential to the efficient operation of the treaty enterprise. There are several qualities or circumstances that could, depending on the facts, meet this requirement. These include, but are not limited to:
The degree of proven expertise in the employee’s area of operations
Whether others possess the employee’s specific skills
The salary that the special qualifications can command
Whether the skills and qualifications are readily available in the United States.
Our industry experienced faculty experts assist with the expert opinion to establish that the beneficiary is qualified for the position based on the beneficiary’s education and experience, and how the company will find it difficult to obtain a person with similar credentials in the U.S without considerable cost and inconvenience.
The employer support letter describing the job duties of the present position.
If Supervisory role, details of personnel being supervised
If Special Skills, explain how essential the function is.
Employment verification letters of the beneficiary.
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