E-2 Essential Employee Visa Evidence for Treaty Businesses

An E-2 visa is not limited to the principal investor. A qualifying treaty business may also send certain employees to the United States if the employee has the required treaty nationality and will serve in an executive, supervisory, or essential-skills role.

The evidence should show both sides of the case: the company qualifies as a treaty enterprise, and the worker is genuinely needed for the U.S. operation. Useful records include ownership documents, investment evidence, organization charts, job descriptions, prior experience, specialized training, product knowledge, and proof that the role is more than ordinary labor.

For essential-skills cases, the petition should explain why the skills are uncommon, why they are needed now, whether U.S. workers are being trained, and how long the special need is expected to last. Generic resumes and broad job titles often leave too much room for doubt.

New Horizons Legal helps treaty investors and E-2 employees present a focused business case that connects the worker's role to the company's U.S. growth plan.