E-1/E-2 (Work Visa)

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

Siyuan Chang