Sponsor a Foreign Worker for an E-2 Visa

Hiring the right talent shouldn’t be limited by geography. For companies with US operations, the E-2 visa provides a unique opportunity to sponsor foreign workers from treaty countries and bring them into pivotal roles.

But navigating the sponsorship process isn’t always straightforward. There are strict rules around investment, ownership, and the types of roles that qualify. 

Let’s see what the E-2 visa is, who is eligible, and how to approach the process step by step—so you can make informed decisions as you grow your global-first team.

What Is the E-2 Visa and Who Is Eligible?

The E-2 visa allows citizens from certain countries to work in the United States if they are investing in or working for a business there. These countries must have a trade agreement with the US.

To qualify, the applicant must:

• Be a citizen of a treaty country listed by the US Department of State
• Invest in or work for a US business with significant financial backing
• Plan to take on a key role in running or helping the business succeed

Both entrepreneurs and employees sponsored by their companies can apply for this type of visa.

Can a US Company Sponsor a Foreign Worker for an E-2 Visa?

Absolutely. A company doing business in the US can sponsor a foreign worker for an E-2 visa, as long as it follows certain ownership rules.

To be eligible:

• At least 50% of the US company must be owned by people or organisations from the same treaty country as the visa applicant
• The company must be actively operating or investing in the US

For example, if you’re sponsoring a German national, at least half of your business must be owned by German nationals or entities. US citizens or permanent residents do not qualify as treaty nationals.

Key Requirements for Sponsoring an E-2 Employee

To sponsor a worker for an E-2 visa, your company must meet the following conditions:

• Make a real investment – The business must have spent a significant amount of money (often around $100,000 or more) or be actively doing business

• Operate actively – Businesses that only exist on paper or do not generate activity will not qualify

• Hire someone for an approved role, such as:
  
  • Executives who manage the company
  • Supervisors who lead teams or daily operations
  • Workers with special skills that are hard to find in the US

The E-2 visa usually lasts up to two years but can be extended many times if all requirements are still met.

Step-by-Step Guide to Sponsoring a Foreign Worker for an E-2 Visa

Here’s how the process typically unfolds:

1. Set up or qualify a US business – If starting a new business, register the company and open a business bank account. If the business already exists, check that it is active and meets E-2 visa rules, including who owns it.

2. Fill out the visa application – If the applicant is already in the US and has legal permission to stay, the employer can file Form I-129 to request a change to E-2 status. If the applicant is outside the US, they need to fill out Form DS-160 and send it to a US embassy or consulate in their home country.

3. Collect all needed documents – Include proof of the investment and who owns the business. Add documents showing the business is real and active, such as contracts or financial records. Provide a clear job description for the employee and proof that they are qualified.

4. Go to the visa interview – The applicant will have an interview at a US embassy or consulate. They may be asked about the business, their investment, and the job they will do.

Common Mistakes to Avoid When Sponsoring E-2 Workers

Mistakes can delay or derail an application. Watch out for these common mistakes:

• Not meeting the 50% ownership rule for treaty country nationals
• Hiring for jobs that do not qualify, such as entry-level roles or internships
• Leaving out important financial documents
• Lacking a clear business plan or proof of activity

Alternatives to the E-2 Visa for Hiring Foreign Talent

The E-2 visa is not the only way to hire international talent. Here are some other visa options:

• H-1B visa – For jobs that need a university degree; there is a yearly limit on how many are available

• O-1 visa – For people with special skills or talent in areas like science, business, or the arts

• L-1 visa – For moving workers from a company office in another country to a US office

You could also consider hiring a contractor instead of a full-time employee. Each visa has different rules, costs, and waiting times.