1. Confirm Shared Treaty Nationality
Start with who owns the business and which nationality supports its E-2 eligibility. Federal immigration rules govern E-2 employee eligibility. State business registration does not establish treaty nationality.
Trace Ownership Beyond the Company Name
A qualifying company generally must be at least 50 percent owned by nationals of the relevant treaty country. Trace ownership through parent companies to the individual owners.
For ownership counted toward eligibility, owners living in the United States must maintain E-2 status. Those living abroad must be classifiable as treaty investors.
Useful records include:
- Passports showing the owners' nationality.
- Share registers and ownership charts.
- Records of the owners' U.S. .mmigration status, when relevant.
The enterprise must also meet the underlying investment and business requirements. The related E-2 visa investment requirements page addresses that separate review.
Match the Employee to the Qualifying Nationality
Match the employee's passport to the employer's qualifying treaty nationality. Residence, language, or years spent working in that country cannot replace citizenship. For mixed-nationality ownership, identify which nationality supports this employee's application.
2. Does the Actual Job Involve Executive or Supervisory Work?
An executive or supervisory role must mainly involve directing the business or a major part of it. Occasional supervision is insufficient. An E-2 visa lawyer in New York can compare the proposed duties with the company's staffing and reporting structure.
Show Decision-Making Authority
An executive has broad authority over policy and business direction. A supervisor must oversee a significant part of operations. Direct supervision of entry-level workers does not generally establish the required supervisory role.
The evidence should explain:
- Which department or operation the employee leads.
- Which decisions the employee can make independently.
- Who reports to the employee and what those workers do.
- How much time the employee spends on management and routine tasks.
A small business is not automatically excluded. Its records still need to show that the proposed position mainly involves qualifying duties.
Test the Title against the Work
Calling someone a director does not change daily duties. Routine work should be incidental to an executive or supervisory position.
Compare the job description with staffing plans, approval limits, and reporting lines. Explain genuine differences and correct inaccurate descriptions. Preserve the original records.
3. Proving Special Qualifications for an Essential Employee
An employee outside an executive or supervisory role may qualify through skills essential to the business. The question is why this person's abilities matter to this enterprise. General experience or foreign-language ability alone is insufficient.
Connect Expertise to a Specific Business Need
Officers consider expertise, training, experience, and whether the skills are readily available in the United States. They also assess how long someone else would need to learn the work.
| Evidence | What It Can Explain |
|---|---|
| Training records | How the employee learned a particular system or process |
| Project records | Where the employee has used that knowledge |
| Technical manuals | Why the work requires specific expertise |
| Training schedule | How long others would need to learn the work |
A certificate shows training, but not necessarily business need. Pair it with records explaining the tasks the employee will perform and why those tasks require that knowledge.
Explain How Long the Skills Are Needed
Skills needed to launch operations may become less essential once local staff are trained. State whether the role supports a temporary setup or an ongoing function, such as product improvement or quality control.
For a limited assignment, explain the expected completion date. For continuing work, document the continuing need. An earlier approval does not make the skills permanently essential.
4. Keep the Employee'S Application Consistent
The company letter, forms, and supporting records should describe the same real position. Resolve differences in employer names, duties, work locations, and start dates before filing. Keep original records and explain changes accurately.
Compare the Forms with the Job Evidence
For an overseas application, follow the handling post's instructions. E-2 executives, managers, and essential employees use DS-160 and DS-156E. Consular processing also involves presenting the employee's role consistently at the interview.
A visa lawyer's DS-160 review can identify differences between submitted answers and supporting records. Keep current job details separate from employment history so neither answer gives a misleading picture.
Separate a Job Offer from Permission to Work
An offer letter does not authorize employment. Eligible employees seeking a change to E-2 status through USCIS generally need their qualifying employer to file Form I-129. Filing alone does not authorize the proposed E-2 work.
Before setting a start date, check current work permission and required approvals. A change-of-status approval does not issue a travel visa. The employee must also intend to leave when E-2 status ends.
5. Preparing for an E-2 Employee Case Review
Bring the offer letter, detailed duties, ownership records, organization chart, and evidence of training or expertise. An E-2 visa lawyer in New York can assess whether the employer and position fit the employee category, identify missing proof, and review work authorization before the proposed start date.
13 Nov, 2026
