A treaty investor or employee may only work in the activity for which he or she was approved when the classification was granted. An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:
- Relationship between the organizations is established;
- Subsidiary employment requires executive, supervisory, or essential skills; and
- Terms and conditions of employment have not otherwise changed.
USCIS must approve any substantive change in the terms or conditions of E-2 status. A “substantive change” is defined as a fundamental change in the employer’s basic characteristics that would affect the applicant’s eligibility for E classification, such as, but not limited to:
- A merger;
- Sale of the division where the foreign national is employed; or
- Other events that affect the treaty investor or employee’s previously approved relationship with the treaty enterprise.
Where there has been such a substantive change, the treaty investor or enterprise, if it wishes to continue to employ the foreign national in E-2 status, must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee.
The Law Offices of Prashanthi Reddy, PLLC, can help you timely file your E-2 visa application. Because of the extensive more, it is apparent for one to forget a thing or the other while proceeding with the application. So it’s advisable to have our experienced immigration attorneys by your side.
For more information, contact The Law Offices of Prashanthi Reddy at email@example.com or by calling 212-354-1010.