Q: If I’m a person who has emigrated to the United States, and I have an ongoing business, and want to bring over some employees for my existing business or a subsidiary, do those people have to be specialized as in the case of the H-1B, or can they be just general laborers? (Let’s say I have a restaurant?)
A: The E visa categories tend to label employees as executive or supervisory, or those that have “special qualifications” or “essential skills.” This is a fairly amorphous type of category that has been held to subsume people such as foreign-language speaking hostesses in restaurants, specialized foreign chefs – that type of thing – and also those who have some type of proprietary information about the way the company does business such as the business’s hardware or software.
Learn more about E-1 and E-2 Visas.
