E-1/E-2 (Work Visa)
An Employee of a treaty trader under E-1/E-2 may be eligible for an E-1/E-2 employee visa if the employee is engaging in duties of an executive or supervisory character, or has a special skill.

ELIGIBILITY CRITERIA

• You must be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
• You must be an employee of the employer, not an individual contractor
• You must either be engaging in duties of an executive or supervisory character, or have special qualifications (skills)* if you are employed in a lesser capacity


GENERALLY REQUIRED EVIDENCE

• All same evidence used for the employer’s E-1/E-2 visa (please see GENERALLY REQUIRED EVIDENCE under E-1/E-2 Investment visa)
• Evidence showing the financial activities of the US company and the foreign company
• Evidence of your work history 
• Evidence of your academic certificate and transcript
• Evidence of your employment in the foreign company owned by your employer
• Evidence of your qualifications to the proffered position


PROCEDURE

 
A. Change of Status in the United States
Stage 1: Collecting Evidence Stage 2: Submit Petition to USCIS Stage 3: Approval    
B. Consular Processing outside the United States
Stage 1: Collecting Evidence Stage 2: Submit a Petition to the US Embassy Stage 3: Interview at the US Embassy Stage 4: Approval/Return of Passport & Visa


TIME FRAMES

A. Change of Status in the United States
Stage 1 to Stage 2: about 2 months
Stage 2 to Stage 3: about 3 months
B. Consular Processing outside the United States
Stage 1 to Stage 2: about 2 months
Stage 2 to Stage 3: about 2 months (depending on the workload and processing time of the US Embassy you are applying to)
Stage 3 to Stage 4: about 1 week (depending on the workload and processing time of the US Embassy you are applying to)


EXCEPTIONS & NOTICE

A. Special Qualifications (Skills): it makes the employee’s services essential to the efficient operation of the business. There are several factors considered:     
(1) the degree of proven expertise in the employee’s area of operations;
(2) whether others possess the employee’s specific skills;
(3) the salary that the special qualifications can command;
(4) whether the skills and qualifications are readily available in the Untied States
 
B. Knowledge of a foreign language does not by itself meet the special qualification
EB-1/NIW
Frequently Asked Questions(EB-1)
EB-1 (Extraordinary Ability)
EB-2 (NIW: National Interest Waiver)
EB-1 (Outstanding Researcher)
EB-1 (Adjudication Trend)
Start-Up VISA
J-1/H-3 (Trainee)
O (Extraordinary Ability)
Business Trips (Visa Waiver/ B Visa)
L-1 (Transferee)
E-1/E-2 (Trader/Investor)
H-1B (Professional)
TN/E-3 (Professional)
F-1 OPT
Start-Up Issues
Green Card (Employment)
EB-1 (Extraordinary Ability)
EB-1 (Multinational Executives)
EB-1 (Outstanding Researcher)
EB-2 (NIW: National Interest Waiver)
EB-2 (Advanced Degree Holders)
EB-3 (Skilled Workers)
EB-4 (Religious Workers)
EB-5 (Immigrant Investors)
Frequently Asked Questions (EB-2)
Green Card (Family)
IR-1 (Spouse of a U.S. Citizen)
IR-2 (Unmarried Child Under 21 Years of Age of a U.S. Citizen)
IR-5 (Parent of a US Citizen)
FB-1 (Unmarried Sons and Daughters of U.S. Citizens)
FB-2 (Spouses, Minor Children, and Unmarried Sons and Daughters of LPRs)
FB-3 (Married Sons and Daughters of U.S. Citizens)
Work VISA
E-1/E-2 (Work Visa)
E-3 (Visa)
H-1B (Visa)
H-3 (Visa)
L-1 (Visa)
O (Visa)
P (Visa)
R (Visa)
TN (Visa)
J-1 (Trainee)
Frequently Asked Questions (F-1)
Frequently Asked Questions (H-1B)
Frequently Asked Questions (E-2)
Frequently Asked Questions (L-1)
Investment VISA
E-1/E-2 (Investment Visa)
EB-5 (Immigrant Investors)
EB-5 (Regional Center Pilot Program)
Frequently Asked Questions (E-2)
Frequently Asked Questions (EB-5)
Student VISA
F-1 (Visa)
J-1 (Visa)
M-1 (Visa)
OPT/STEM Extension
Citizenship
N400 (Naturalization)
N470 (Preserve Residence for Naturalization)
Other Issues Affecting Immigrants

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