Bringing a Japanese Chef to Your U.S. Restaurant on an E-2 Visa

The United States has no work visa made for cooks. Within that gap, the most realistic option for a Japanese-owned restaurant bringing in a chef from Japan is the E-2 (treaty investor) visa. There is no annual cap, no Department of Labor certification, and the whole application is handled at the U.S. Embassy and consulates in Japan.

On the other hand, the E-2 assesses the company's qualifications and the individual's at the same time, and if the paperwork is put together wrongly you will not get to the interview. This article follows the State Department's Foreign Affairs Manual (9 FAM 402.9) and the E visa guidance of the U.S. Embassy and consulates in Japan to set out how a Japanese restaurant brings a chef over on an E-2. For a comparison with other U.S. routes (O-1B, EB-3, H-2B), see our comparison of overseas work visas for cooks.

1. Why the E-2 is the main route for Japanese restaurants

• Japan is a treaty country: the U.S.–Japan Treaty of Friendship, Commerce and Navigation took effect on 30 October 1953, so Japanese nationals and Japanese-owned companies qualify for the E-2.
• No quota and no lottery: there is no annual cap like the H-1B or H-2B.
• No labor certification: it does not go through a Department of Labor process like PERM or the H-2B.
• Long visa validity: under the State Department's reciprocity schedule, an E-2 visa for a Japanese national is no fee, multiple entry, up to 60 months.

In exchange, you must prove that the company is at least 50% owned from Japan, that the chef is a Japanese national, and that the chef is "essential" to the business.

2. Company requirements: capital and a real business

Nationality requirement (50% or more)

The U.S. business must be at least 50% owned by nationals of the treaty country. Typical cases are a subsidiary of a Japanese parent company or a restaurant company in which Japanese-national owners hold the majority. If any shareholders are Japanese people who hold U.S. permanent residence (a green card), check carefully how their stake is treated.

A "substantial" investment and a real enterprise

9 FAM 402.9 says whether an investment is substantial is judged by a "proportionality test" comparing the amount invested with the total cost the business requires, and states explicitly that there is no set dollar amount or percentage threshold. Restaurants need heavy upfront spending on fit-out, kitchen equipment, deposits and so on, so if you can show the source and use of funds with receipts and contracts, this is one of the easier points to prove.

The other test is that the business is not "marginal". A business that does not have the present or future capacity to earn more than a minimal living for the investor and their family is treated as marginal. For a small single-location restaurant, you make the case with a business plan, sales history and the number of local staff employed.

3. Chef requirements: what "essential skills" means

An E-2 employee must have the same nationality as the employer and must fall into one of the following:

• An executive or supervisory role
• A person with essential skills needed for the efficient operation of the business

The usual approach is to build the case on the first if the chef will supervise staff as head chef or area executive chef, and on the second if the skill itself is what is needed, as with a sushi chef, soba maker or kaiseki cook. 9 FAM lists six factors for judging whether a skill is "essential":

9 FAM also says that a worker with ordinary skills can be an "essential employee" for the purpose of a start-up or training. In that case, however, the need is temporary: for helping a business open or for training and supervising technicians it is generally one to two years, on the premise that U.S. employees are trained during that time. If you are sending a Japanese chef to launch a new restaurant, the case holds together best when you present this time-limited need alongside a plan for transferring skills to local staff. For how to approach training, see also Training local staff in Japanese cuisine.

4. Applying through the U.S. Embassy in Japan

In Japan, E visas are handled by reviewing the company registration and the individual application together. You cannot register the company on its own first.

Companies not yet registered (new company registration)

1. Create a profile and pay the fee: register the applicant's details on usvisascheduling.com and pay the E visa application fee (US$315). Note the 12-digit receipt number shown. Do not book an interview at this stage.
2. Prepare the documents: name a folder after the U.S. company and, for the E-2, create subfolders Tab 1 to Tab 5. All documents must be portrait-orientation PDFs, and any document not in English, including Japanese documents, needs an English translation.
3. Submit the documents: compress the folder into a Zip file and send it in a single email to JapanEVisa@state.gov with the name of the U.S. company as the subject line. Cloud sharing links are not accepted.
4. Contact after document review: when the case is ready for interview, the embassy or consulate contacts the applicant or their attorney. Interviews for new registrations take place at the embassy in Tokyo or the consulate general in Osaka, and the location is assigned. The guidance asks applicants not to make status enquiries before they are contacted.

There is a limit on the volume of documents. If the ultimate parent company in Japan is unlisted or a sole proprietorship, the limit is 70 pages or 50MB in total; if it is listed in Japan, 50 pages or 50MB (Tab 1 documents do not count towards the page limit in either case).

Companies already registered

When a registered company sends a second or later employee, the interview can be at Naha, Osaka, Sapporo or Tokyo. For the interview, bring the DS-160 confirmation page, the DS-156E, a passport (as a rule valid for the intended stay in the U.S. plus six months), old passports from the past 10 years, one 5cm × 5cm photo, the interview appointment confirmation, a company letter and an organisation chart with the applicant marked.

Companies (including their U.S. group companies) with 500 or more employees who are U.S. citizens or permanent residents, annual sales of US$1 billion or more (for E-2), or total assets of US$100 million or more fall under the "Green Program", which removes the need for the company letter and organisation chart. No application is needed; the embassy and consulates notify qualifying companies.

Registered companies are reviewed periodically to confirm that they still qualify as E visa companies.

5. Where the paperwork makes the difference

DS-156E

Get the latest version from the State Department's electronic forms site (eforms.state.gov) and answer every question from 1 to 27. If any are left blank, you will be asked to redo it. Of the embassy's notes, these are the points Japanese restaurants most often get wrong:

• Question 1: give the company name exactly as registered with the state government, down to commas and full stops
• Question 9: figures must match the attached evidence exactly
• Question 13: select the source of the start-up funds (personal funds, company capital, loans and so on)
• Question 15: for a new company registration, submit a list of all employees
• Question 23: describe the U.S. job title and duties specifically

Company letter

The letter must state clearly that the company and the applicant meet all the requirements of 9 FAM 402.9 and immigration law. For an E-2, you are expected to address each point with a reference to the relevant section of 9 FAM: treaty country status, the nationality requirement, that the investment has been made, that the enterprise is real, that the investment is substantial, that the business is not marginal, that the investor is in a position to direct the business, that the applicant will hold an executive or supervisory position or one requiring essential skills, and that the applicant intends to leave when their status ends.

6. After issuance: validity, length of stay and extensions

• Visa validity: an E-2 for a Japanese national is valid for up to 60 months, multiple entry, with no issuance (reciprocity) fee.
• Admission on entry: under federal regulation 8 CFR 214.2(e)(19), up to 2 years per entry.
• Extensions in the U.S.: under (e)(20) of the same section, extensions can be requested in increments of up to 2 years.
• Family: a spouse and minor children can accompany the holder while the holder's status is valid.

E-2 status is tied to working in that position for that company. Moving to a restaurant outside the group, or a major change in duties, affects the status.

7. Checklist before you start

1. Is the U.S. company at least 50% owned from Japan? Have you checked how any permanent residents' stakes are counted?
2. Can the investment and the flow of funds be traced through remittance records, contracts and receipts?
3. Is the chef a Japanese national? Is the role executive or supervisory, or one requiring essential skills?
4. If this is a start-up case, is there a plan to transfer skills to local staff within one to two years?
5. Can you keep the documents within the page limit and prepare English translations?

If you do not meet the E-2 requirements, the O-1B visa is an option for a chef with a strong track record. Once the visa picture is clear, see sushi chef salaries abroad for pay levels and housing and relocation for chefs for travel preparations. A separate English-language explainer is at E-2 visa for Japanese restaurant staff.

This article is general information prepared after checking guidance from the U.S. Department of State and the U.S. Embassy and consulates in Japan, and federal regulations, as of 22 September 2026. It is not legal or immigration advice. E visa decisions depend heavily on the facts of each case. Consult a U.S. immigration attorney before applying.