The E-2 treaty investor visa allows nationals of certain treaty countries to enter and work in the United States based on a substantial investment in a U.S. business. A strong E-2 application is not just a form — it is a legal and business argument that requires strategy, documentation, and attention to how the case will be evaluated.
WHAT IS THE E-2 VISA
The E-2 visa allows the investor to enter the U.S. to develop and direct a qualifying business. It is a nonimmigrant visa that does not directly lead to a green card, but it can be renewed indefinitely as long as the business remains operational and the investor maintains qualifying status.
WHAT SUBSTANTIAL INVESTMENT ACTUALLY MEANS
There is no fixed minimum dollar amount. Adjudicators apply a proportionality test: the investment must be substantial relative to the total cost of the business. The investment must also be at risk in a commercial sense, and the enterprise must have the capacity to generate more than just a living for the investor.
WHAT WE HANDLE
- Initial E-2 visa applications at U.S. consulates abroad
- E-2 applications for investors already in the United States
- E-2 renewals and extensions
- E-2 employee visas for key employees of E-2 companies
- Business plan review and structuring guidance
- Transition planning for investors considering longer-term U.S. residence
BEYOND THE E-2
For entrepreneurs interested in a path to permanent residence, we also advise on the EB-1C for multinational executives, the EB-2 National Interest Waiver, and the O-1 visa for individuals with extraordinary ability.
If you are considering investing in or expanding a business in the United States, contact us to discuss your options. Contact us