Opening in New York: Which Staff to Send From Japan and When

Send two or three people: the head chef, the sushi counter lead and sometimes the manager. E-2 works if Japanese nationals own at least half of the US company; L-1 needs a year in the group. Send new hires on E-2, hired in Japan at least six months before departure to keep the social security exemption. Choose the people 12 months before opening, file visas after signing the lease, and fly them in two to three months ahead.

1. How you enter decides who you can send

The US has no chef visa. Japanese groups rely on the E-2 (treaty investor) and L-1 (intracompany transferee), and both turn on ownership, so the structure you choose largely decides who can go.

The E-2 rests on the US and Japan treaty in force since 30 October 1953. Employees must be Japanese nationals in a supervisory or executive role or with specialized skills essential to the business. Bring the staffing plan to the meeting that sets the capital structure.

2. Franchising: what head office can still control

Franchising hands hiring to the franchisee, and visas are judged on the franchisee's company, so head office normally cannot place a chef there. Quality is protected through the contract and training.

• Put in the agreement: a head chef who has completed head office training before opening, skills checks at opening and at set intervals, a recipe and prep standards manual, and store audits with deadlines to fix problems.
• Leave out: who to hire, pay and scheduling. A franchisor that directs these risks sharing the employer's legal duties.
• Selling the franchise: the FTC Franchise Rule requires a disclosure document, and New York requires registration before any offer. Use a US franchise lawyer.

3. Who to send, role by role

4. E-2 or L-1

In short: send new hires on E-2. A head chef with a year in the group can go either way, but use L-1 if a joint venture might drop below 50%. A new office L-1 waits for the signed lease, so it runs later than E-2.

5. Social insurance and tax

• The six month rule: to be exempt from US Social Security under the Japan and US agreement, an employee must as a rule have worked or lived in Japan, covered by Japanese social insurance, for six continuous months immediately before the assignment. Hire recruits at least six months before they fly.
• Certificate of coverage: for assignments expected to last five years or less, the employee stays in the Japanese system only. The employer applies at a pension office from about six months before the start date.
• What it saves: US Social Security and Medicare tax, 7.65% each for employer and employee; $6,502.50 a year on the employer side of an $85,000 salary. Japanese premiums continue.
• Medical cover: add private health insurance that works in the US.
• Japanese income tax: a posting of a year or more makes the employee a non-resident. Run the year end adjustment before departure.
• US income tax: pay for work at the US company is generally taxed in the US (federal, state and city). The treaty's short stay exemption needs 183 days or less and pay not borne by a US employer, so a resident head chef will not meet it.

More detail: social security agreements and chefs and tax for employees working abroad.

6. Combining secondees with local hires

The usual model is a core of two or three people from Japan and a locally hired team. New York rules that shape the plan:

• Secondees must meet US pay rules. A salaried chef is exempt from overtime in the city only at $1,275 a week ($66,300 a year) or more.
• Local ads need a pay range. With four or more employees, city and state law require a minimum and maximum in every ad.
• Split shifts cost extra. Hourly staff earn an extra hour at minimum wage on each day that runs over 10 hours.
• Market pay. In September 2026 postings, sushi cooks were offered $22 to $32 an hour and salaried sushi sous or head chefs $75,000 to $110,000.
• Food safety. A Food Protection Certificate holder must be on site whenever you are open; the study guide is in Japanese.

Local pay, a job ad and candidate clusters: the New York hiring guide. See also secondment vs local hire.

7. A schedule counted back from opening day

Processing times vary by season and case, so the months show order, not a promise. Ask a US immigration lawyer for times on your facts.

This week: list each candidate's joining date, note when they pass the one year and six month tests, and match E-2 or L-1 to your draft ownership split.

An assignment offer you can adapt, in both languages:

8. Government fees for sending one person

Some consulates were reported in May 2026 to be collecting a $250 visa integrity fee created by a 2025 law; we could not confirm whether Tokyo does, so budget for it. Legal fees, travel, housing and medical insurance are not included; see budgeting staff costs for an overseas opening.

General information checked against official sources on 27 September 2026, not legal, tax or immigration advice. Ask a US immigration lawyer about eligibility and processing times, a Japanese pension office about coverage, and a tax adviser about your case.