E-2 Essential Employee Approval for Aging-Out Dependent
Success story! We recently achieved a successful outcome for a UK national seeking an E2 essential employee visa. Despite the complexities of the case, USCIS approved the E2 essential employee application for the maximum 2-year period. In this case, USCIS issued a Request for Further Evidence (RFE). The overall processing time was 2 months with premium processing.
The E2 employee sought to change their status from E2 dependent to E2 essential employee. They submitted this request to USCIS during their time as an E2 dependent. You can apply for E2 while in the United States even from an E-2 dependent status.
To learn more about employment opportunities with E-2 businesses, visit E-2 visa for employees.
Key Challenges and Solutions:
- Aging-Out Dependent: The applicant was the child of the E-2 Treaty Investor nearing their 21st birthday, making their eligibility especially challenging. Children of E-2 visa holders can seek employment either at the parent’s E2 company or another E2 company owned by a citizen of the same treaty country. To learn more about the options available for children aging out E2 visas visit Children aging out of E2 visa: What are their options?
- Solution: We strategically positioned the applicant as an essential employee, highlighting their experience abroad and qualifications within the parent’s E-2 enterprise.
- Limited Education and Experience: The applicant’s qualifications were limited due to their young age.
- Solution: We meticulously documented their contributions to the business, emphasizing their unique skills and knowledge that were accumulated over time and essential to its operations.
- USCIS Scrutiny: USCIS closely examined the employment relationship and the applicant’s qualifications.
- Solution: We provided compelling evidence demonstrating the applicant’s special qualifications, skills, and expertise, and their indispensable role within the company.
Process and Timeline:
Eligibility Criteria:
To qualify for an E-2 visa for essential employees, applicants must meet the following criteria:
The E-2 Investor Visa is a nonimmigrant visa for individuals who make an investment in a commercial enterprise in the United States. The E-2 Investor Visa allows a national of a treaty country to temporary come to the United States together with their spouses and children to live and work. The E-2 visa allows investors to bring their employees to the United States to work for the company in executive, management or essential employee positions.
Malescu Law can assist
This successful case demonstrates our ability to navigate complex E-2 visa applications, even in challenging circumstances. By effectively addressing USCIS’s concerns and highlighting the applicant’s special qualifications and unavailability of workers with these skills we secured a favorable outcome.
Contact us, your experienced immigration lawyers to schedule an appointment for your immigration case and find out more about the E-2 Investor Visa, E-2 visa for employees and other visa options for you from our best E2 Visa Lawyers.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
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Malescu Law P.A. – Business & Immigration Lawyers
