E2 Visa

If you are a citizen of a country that maintains an investment treaty with the United States, you may obtain an E-2 visa to invest substantial capital in a U.S. business.

What Is the E-2 Visa?

The E-2 visa is for foreign investors who invest significant capital in a U.S. business and seek to direct its operations.

Key Requirements

• Be a citizen of an E-2 treaty country
• Invest substantial capital in a U.S. business
• The capital must be “at risk” in the commercial enterprise
• Have operational control of the business
• The investment must create jobs
• Demonstrate the source and capacity of the investment

How Much Capital Is Required?

There is no legal minimum, but typically:

• $100,000 or more for small businesses
• $250,000 or more for mid-sized businesses
• Higher amounts for larger enterprises
• “Substantial” depends on the nature of the business

Types of Qualifying Businesses

• Retail businesses
• Restaurants and hotels
• Manufacturing
• Consulting
• Real estate
• Technology
• Professional services
• Most legitimate business enterprises

Benefits of the E-2 Visa

• Nonimmigrant work status
• Typically valid for 2 years, renewable indefinitely as long as the business continues to operate
• Spouse and children may obtain derivative status
• Spouse may work as an employee of the business or obtain separate E-2 authorization
• No annual numerical cap
• Expedited processing available
• May apply for a green card while maintaining E-2 status

Processing Times

Typically 2 to 4 months to obtain the visa.

What You Should Know

The E-2 visa is an excellent option for international entrepreneurs. Clear demonstration of a legitimate investment and a viable business plan is required. An immigration attorney can help structure your application and business for the best chance of approval.