If you are a foreign investor who has obtained an E-2 Visa, you might be wondering how to hire employees for your E-2 business, as it is not only a requirement for E-2 visa holders, but also a strategic decision that can help your business grow and succeed.
Below are some tips on how to hire employees for your E-2 business, based on our experience as immigration lawyers.
Why You Need to Hire Employees for Your E-2 Business
One of the main criteria for obtaining and maintaining an E-2 Visa is that your business must be more than a marginal enterprise, meaning it must have the capacity to generate more than enough income to support you and your family and also create significant economic benefits for the United States, such as creating jobs for U.S. workers.
Therefore, hiring employees is not only a good idea for your business but also a necessity for your visa status.
The U.S. Citizenship and Immigration Services (USCIS) does not specify a minimum number of employees that you need to hire for your E-2 business but does expect you to show that your business will create jobs for U.S. workers over time.
Generally, we recommend aiming to employ at least three full-time W-2 workers within the first five years. However, this may vary depending on the nature and size of your business, as well as the industry standards.
How to Hire Employees for Your E-2 Business
To hire employees for your E-2 business, you need to comply with the legal requirements of the U.S. government and your state of operation.
Some of the steps that you need to take are:
- Obtaining an Employer Identification Number (EIN) from the IRS. This is a tax ID number that you will use to report and pay taxes for your business and your employees.
- Registering with your state’s labor department and obtain a state tax ID if required. This will allow you to pay state unemployment taxes and workers’ compensation insurance for your employees.
- Verifying the eligibility of your prospective employees to work in the United States. Using the E-Verify system, you can compare the information from your employees’ Form I-9 (Employment Eligibility Verification) with data from the Department of Homeland Security (DHS) and Social Security Administration (SSA).
- Ensuring that your employees fill out a completed Form W-4 (Employee’s Withholding Certificate) to you. This will help you determine how much federal income tax to withhold from their wages.
When hiring employees for your E-2 business, consider implementing the following strategies:
- Write a clear and attractive job description that reflects your company culture, the role’s responsibilities and expectations, and the required and desired skills and qualifications of the ideal candidate.
- Use various channels to reach out to potential candidates, such as online job boards, social media platforms, networking events, referrals, or recruitment agencies.
- Review the applications carefully and select the most suitable candidates based on their resumes, cover letters, portfolios, or other relevant documents.
- Conduct interviews and background checks to assess the candidates’ fit for the role and your company culture.
- Extend an offer letter to the candidates that you want to hire, outlining the terms and conditions of employment, such as salary, benefits, start date, probation period, etc.
We Help You Hire Employees for Your E-2 Business
Hiring employees for your E-2 business can be stressful, and making mistakes can be overwhelmingly easy. That is why it is important to have professional guidance from experienced immigration lawyers who can help you navigate the complex legal landscape of hiring employees in the United States as a foreigner.
At Jurado & Associates, P.A., we have helped many foreign investors obtain and renew their E-2 Visas, as well as hire and manage employees in the United States, and we can help you too. If you are looking to hire employees for your business, do not hesitate to contact us today. You can reach us by phone at (305) 921-0976, by email at [email protected], or by WhatsApp at +1 (305) 921-0976. We will be happy to answer your questions in our initial consultation. Let us help you make your E-2 business a success!