If you’re planning to apply for an E-2 investor visa, one question often comes up early in the process:
“Do I have to hire American workers for an E-2 visa to be approved?”
The short answer is: not immediately but eventually, yes.
While there is no specific requirement to have U.S. employees at the time of application, your business must demonstrate that it is not marginal and has the potential to support U.S. workers in the near future.
At Legal Reliance, we work closely with E-2 visa clients to structure their business plans in a way that satisfies both the legal requirements and the expectations of immigration officers. Let’s break it all down.
What Does the E-2 Visa Law Say About Hiring?
The E-2 visa requires that the business “must not be marginal.” This means it cannot exist solely to support the investor and their family. It must have the capacity to:
- Generate more than just a living wage
- Create jobs for U.S. workers
- Contribute to the local economy
You are not required to hire a full team immediately, but your business plan should clearly show how and when you plan to employ U.S. workers—and how your business will support them long-term.
How Many Employees Do I Need?
There is no fixed number of employees required, but consular officers want to see:
- A realistic hiring timeline
- Projected positions such as administrative staff, sales reps, or assistants
- Job descriptions and salary estimates
- An intention to create at least 1–3 full-time jobs within the first few years
The sooner you plan to hire, the stronger your E-2 visa application will appear.
When Must the Jobs Be Created?
You don’t have to prove immediate job creation, but you do need to show:
- A credible plan to hire within 12–24 months
- Business revenue projections that justify hiring
- Clear roles that align with the growth of your company
For example, if you’re starting a digital marketing agency, you might plan to bring on a part-time assistant in month six, followed by a full-time account manager in year two.
Can I Use Contractors or Virtual Assistants?
While independent contractors and foreign virtual assistants can be part of your operations, they don’t count toward the E-2 visa’s job creation expectations. U.S. immigration law prioritizes W-2 employees based in the United States.
To meet the standard, your hires must be:
- U.S. citizens or lawful permanent residents
- On your business payroll with regular hours
- Provided with a clear role and compensation
Real-World Example: Hiring Plan That Helped Secure Approval
One of our clients a small e-commerce business owner was approved for an E-2 visa with an $85,000 investment. Although they had no employees at the time of application, their business plan outlined:
- A plan to hire a full-time warehouse worker within 6 months
- A part-time customer service rep in year two
- Financial projections to support these roles
The consular officer approved the application with confidence because the job creation strategy was clear and believable.
How Legal Reliance Helps You Meet E-2 Job Expectations
At Legal Reliance, we specialize in helping entrepreneurs:
- Develop strong E-2 business plans
- Strategically outline hiring timelines
- Provide documentation that satisfies marginality rules
- Avoid visa denial due to weak or unrealistic projections
We don’t just fill out forms we build your case to stand up to legal scrutiny and real-world expectations.
Conclusion: Yes, You’ll Eventually Need to Hire—But We Can Help You Do It Right
So, do you have to hire American workers for an E-2 visa?
Yes, over time. Your business must be designed to contribute to the U.S. economy not just support yourself. With a smart hiring plan and sound financial projections, you can meet this requirement even with a lean budget.
If you’re unsure how to structure your business to meet E-2 job creation standards, Legal Reliance is here to help. We’ll walk you through every legal and strategic step to ensure your application is solid and future-proof.
Schedule your consultation today and take the next step toward your U.S. business journey.
