Understanding the E-2 Visa: Invest and Live in the United States

If you’re an entrepreneur or investor from a treaty country and you’re looking to live and work in the United States by managing your own business, the E-2 Treaty Investor Visa may be a great option for you. This powerful visa allows foreign nationals to enter and remain in the U.S. based on a substantial investment in a U.S.-based business.

What Is the E-2 Visa?

The E-2 visa is a nonimmigrant visa for nationals of countries that maintain a treaty of commerce and navigation with the United States. It allows you to start a business, invest in an existing one, and work in the U.S. to direct and develop the enterprise.

Who Qualifies for an E-2 Visa?

To be eligible for an E-2 visa, you must meet the following requirements:

• Be a citizen of a treaty country.

• Make a “substantial” investment in a U.S. business (no fixed dollar amount, but it must be enough to ensure the successful operation of the business).

• Own at least 50% of the business or have operational control through a managerial position.

• The business must be a real and active commercial enterprise (not a marginal investment or speculative venture).

• The investment must be at risk—meaning your personal funds or assets are committed and subject to loss.

What Is Considered a “Substantial” Investment?

There is no minimum dollar amount required, but USCIS considers several factors:

• The total cost of purchasing or establishing the business

• The amount you’ve already invested

• Whether the funds are irrevocably committed to the business

• The proportionality test (your investment must be proportionate to the total cost of the business)

Generally, investments of $100,000 or more are considered favorable, but smaller investments can qualify depending on the type of business.

Can You Bring Family?

Yes! Your spouse and unmarried children under 21 can accompany you on derivative E-2 visas. Spouses may apply for work authorization, and children can attend school.

How Long Can You Stay?

E-2 visas are typically granted for up to 2 years at a time, but they can be renewed indefinitely as long as you maintain E-2 status and continue to meet the visa requirements.

What Are the Advantages of the E-2 Visa?

• No annual cap or lottery

• Renewable indefinitely

• You can start or buy a business of your choice

• Dependents can join you in the U.S.

• Spouses can work legally

What Are the Limitations?

• Available only to nationals of treaty countries

• No direct path to a green card (but other immigration strategies may be available)

• Requires active involvement in the business

• Investment must remain “at risk” and the business must not be marginal

  
  

How We Can Help

Navigating the E-2 visa process can be complex. At the Anuforo Law Firm, we work with investors and entrepreneurs to:

• Evaluate whether you qualify for an E-2 visa

• Assist in structuring your investment properly

• Prepare and file your E-2 visa application

• Support you through consular interviews or change of status applications

  
  

We understand what’s at stake when you’re putting your hard-earned money into a U.S. business, and we’re here to help you make the process as smooth and successful as possible.

Thinking about applying for an E-2 Visa?📞 Call, text, or WhatsApp us today to schedule a consultation. We represent clients in all 50 states and internationally.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Each immigration case is unique and results may vary.