The E-2 visa is available not only to E-2 treaty investors, but also to employees. This is a good option for those who want to work in a managerial, executive, supervisory, or specialized capacity for an E-2 business.
After filing for the E-2 visa, the next step in the application process will likely be an interview at a U.S. consulate abroad. There are two types of E-2 visas: The E-2 supervisory or executive employee visa or the E-2 essential employee visa. You should be familiar with whichever type you are applying for, including any specific requirements.
Executive/Supervisory E-2 Visa
The E-2 visa employee with the executive or supervisory category will perform executive or managerial duties. Largely, they will be responsible for overseeing or directing the organization or key departments within the organization or will be managing large teams of employees.
Those applying for this E-2 visa category should be able to explain their professional background and experience and identify how it has helped to prepare them for this type of supervisory or executive role. Clearly explaining that your duties and responsibilities are high level, executive tasks is especially important for those working with smaller organizations. It is beneficial to provide a detailed organizational chart showing the overall staffing structure. For E-2 employees who will be developing a new department, the organizational chart can include prospective positions that the E-2 visa holder will manage.
The specialized or essential employee category for the E-2 visa is designated for those with specialized skills or knowledge that are essential to the operation of the company.
Those applying for this category should be able to explain how their skills are specialized and why the organization needs them. Especially for long-term assignments, you must be able to emphasize why a U.S. worker could not be trained to do the position long-term. For example, if you developed a critical product for the company, this would be a compelling reason the U.S. company would need your knowledge or skills long-term.
Preparing for the Interview
To prepare for the interview, it is advised that you practice potential questions with an attorney or employer. The interview questions will likely be focused on your knowledge about the company, your specific role and job duties and your place within the organization in regards to other employees. Be prepared for questions about your professional background and how your experience has prepared you for this specific role. You should also prepare to answer questions on why a U.S. worker could not fill the position. Be prepared and confident in your knowledge of the organization and your qualifications needed to perform the job.