Labor Petitions – E2 Visa

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    The E-2 nonimmigrant classification allows a person who belongs to a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualified international agreement, or which has been determined as a qualified country by legislation. The E-2 visa application holder will be admitted to the United States when he invests a substantial amount of capital in an American company.

    Certain employees of such a person or a qualifying organization may also be eligible for this classification, provided the following requirements are met:

    • Have the same nationality as the main foreign employer (who must have the nationality of the treaty country)
    • Meet the definition of “employee” under applicable law.
    • Participate in executive or supervisory functions, or if employed in a lesser capacity, have special qualifications.

    Treaty traders and employees may be accompanied or followed by spouses and unmarried children under the age of 21. Their nationalities do not have to be the same as those of the merchant or treaty employee. These family members can apply for E-2 nonimmigrant classification as dependents and, if approved, will generally be granted the same period of stay as the employee / merchant.