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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28072
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Obligations for E1 visa sponsor / employer after approval?

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Obligations for E1 visa sponsor / employer after approval?

We sponsored a manager for our company towards an E1 trader visa. The application was approved and the employee is already in the US under the new status.

We are in the process of preparing the paperwork for hiring and wanted to mainly ask whether we can employ the manager as a subcontractor or whether it would have to be a full-time employee (the job offer letter presented with the application mentioned "salary and commission").

Also, are there any other obligations on our part (e.g. make sure we hire the person within a certain time frame etc)?

Thank you in advance.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
If you represented to the consul that the Treaty 'e2 worker would be a direct employee of your business he cannot be a independent contractorl.
He must be an employee, have social seciruity, unemploument taxes, and all withholdings deduduc ted from his pay check.
He cannot hold an indepependent sub contractor position with th ebusiness but must be an employee of the /e treaty company and the treaty company has app responsiibility over hum with regards XXXXX XXXXX fire, mandatory job performance and meeting the reaquirements of the job as an employee.

Customer: replied 3 years ago.

Thank you,


It wasn't stated clearly whether he would be a direct employee, but I guess it is implied by definition in this case?


BTW, this is for an E1 visa (trader), not E2.



Customer: replied 3 years ago.

I also wanted to ask (as stated in the initial question) if there are any other obligations other than the usual when hiring someone.


For example:


- The job offer letter states a date of July 1st, do we have to hire him in retrospect to reflect the July 1st date or is it ok to launch August 1st?

- Any other paperwork other than I-9 and W-4?



That was a type E"1". all else remains the same and applies.

If the worker is in the country he has 10 days to report to work and begin. So if the petition is for July 1 but he doesn't arrive until July 16th, he must start by July 26th.


The I-9 and W-4 are all he has to complete to commence employment



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