How many employees for E-2 visa should I hire?

For newly established businesses, depending on the nature of the business, it may be possible to have no employee or one/two part-time employees for E-2 visa to begin with. However, if you purchase a pre-existing business, you will usually require a couple of employees for E-2 visa as the business has already been operating. It is best to discuss this with an immigration attorney.

While hiring employees for E-2 visa is a fundamental part of the E-2 visa process, no specific number of employees is required for you to hire, especially initially, and it also depends on your business operations. Your hired employees for E-2 visa must make sense for the type of business you are operating. For instance, running a restaurant with only you as its employee will not make sense.

However, note that despite the E-2 program not mandating a specific number of employees for E-2 visa to hire, your investment must demonstrate that it is not marginal. In other words, it should not exist solely to support you and your family or to gain an E-2 visa. It must have the potential to generate jobs for the U.S. workforce, thus ultimately contributing to the U.S. labor market.

To do this successfully, work with an experienced immigration attorney to ensure that your business plan includes a clear plan outlining your five-year hiring projection. Even if you start with no employee or just one/two part-time employees for E-2 visa, by the time you renew your E-2 visa, you must already have the necessary number of employees for E-2 visa on your payroll, as indicated on your business plan, which will strengthen your case.

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