Does the E-2 waive the job creation requirement?

The E-2 visa was created for investors who wish to apply capital to a real and active business in the United States, enabling them to conduct significant operations in the country. It is important to understand that, unlike other immigration programs – such as EB-5, for example – the E-2 does not require the investor to create a minimum number of jobs for visa approval.

This means that, formally, there is no legal obligation to generate a specific number of positions for American workers. However, the business in which the investor decides to invest needs to have an operational and effective character, demonstrating that it is not merely a passive investment. In many cases, immigration authorities assess whether the company has the potential to become a viable enterprise. Thus, although there is no fixed ‘job creator’ rule, a business that simply exists to support the investor and their family may be considered marginal, which can harm the application review.

For this reason, even though the law does not impose an exact number of jobs, it is essential that the business plan evidences how the investment will help to invigorate the economy or expand its operations. This aspect, even if not strictly measurable, can positively influence the visa evaluation, demonstrating the investor’s commitment to the company’s development and contributing to the local economy.

It is always recommended that those interested in the E-2 visa seek updated information and specialized advice, respecting United States immigration laws and avoiding proposals or campaigns that guarantee results without legal backing. In this way, it is possible to structure a solid investment, minimizing risks and meeting the criteria required by U.S. authorities.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.