Starting a business in the U.S. under the E-2 Treaty Investor Visa brings plenty of exciting opportunities—but also a few complex questions. One we get often at E2 Visa Shop is:
“Can I hire employees from my treaty country under E-2? And can one of them be a family member?”
Great questions—and the answers might surprise you.
âś… Yes, You Can Hire E-2 Employees from Your Treaty Country
If you’re an E-2 investor, you can sponsor employees from the same treaty country as yourself. These employees do not need to invest, but they must qualify under specific roles and hold the same nationality as you.
The Basic Requirements:
To be eligible for E-2 employment status, your employee must:
- 🇺🇸 Be the same nationality as you (the treaty investor).
- đź’Ľ Hold an executive, supervisory, or essential skills role in your business.
- 🏢 Work for your actively operating E-2 business, which must be at least 50% owned by nationals of the treaty country.
They’ll need to apply for an E-2 visa abroad or change their status if already in the U.S.
đź‘Ş Can I Hire a Family Member as an E-2 Employee?
Technically? Yes.
Practically? Proceed carefully.
Hiring a spouse, sibling, or adult child under E-2 employee rules is allowed—but the government will closely examine the legitimacy of the role.
Here’s how to do it right:
🔍 1. Make Sure They’re Truly Qualified
Your family member must actually qualify for the role. That means having:
- Education, certification, or training in the field
- Documented work experience
- Clear duties that match their skillset
A vague title like “assistant” or “consultant” won’t cut it.
đź’Ľ 2. Treat the Role Like a Professional Hire
To avoid issues, make sure:
- Salary and benefits are market rate
- Job description is detailed and real
- Work is full-time and necessary for your operations
- The job can’t be seen as just a way to get a visa
Immigration officers are trained to spot red flags in these types of hires—especially when family is involved.
👩‍❤️‍👨 Pro Tip: Spouses Have a Better Option
If your spouse is joining you in the U.S., they can apply for an E-2 dependent visa and then get an EAD (Employment Authorization Document).
With an EAD, they can:
- Work for any U.S. employer—including your business
- Skip the E-2 employee route entirely
- Avoid the hassle of proving “essential skills” or executive-level experience
This is by far the simplest route for spouses who want to help with your business.
📋 What You’ll Need to Hire Any E-2 Employee
Whether related or not, you’ll need a strong supporting file for your E-2 employee petition. This usually includes:
- Proof of employee’s same nationality as yours
- A formal employment agreement
- Detailed job description and organizational chart
- Proof your business is operational and legitimate
- Support letter explaining why this person is needed
🧠Final Thoughts
Hiring E-2 employees from your treaty country is a valuable option—especially for roles that are hard to fill locally. But when it comes to family, immigration officers will be watching closely.
Our advice?
- âś… Make sure your business is strong and clearly structured
- âś… Only hire family members if they are truly needed and qualified
- ✅ Use the EAD path for spouses if possible—it’s easier and safer
Need Guidance on Hiring E-2 Employees?
At E2 Visa Shop, we help E-2 business owners like you create compliant hiring strategies, write employment support letters, and file the right documents—without unnecessary delays or visa risks.
📩 Let’s talk about your goals
Whether you want to bring a family member on board or build a dream team from your home country, we’re here to help.