The E-2 Visa

• Allows foreign entrepreneurs to live and work in the U.S. through investment in a U.S. business.
• Spouse and unmarried children under age 21 may accompany investor to the U.S.
• Treaty Nationals only. Currently available to citizens of 82 countries. See a list of Treaty nations here (link the word “here” to https://www.immi-usa.com/e-2-visa-treaty-countries/).
• Usually granted in 2 to 5 year increments depending on treaty between the foreign country and the U.S.
• Renewable indefinitely as long as business continues.
• Must be citizen of the Treaty Country.
• Make a substantial investment in a qualifying business in the United States.
• Law does not specify minimum investment amount.
• In practice, should invest at least $100,000 and ideally $150,000+ to have a strong E-2 case.
• Smaller investments possible, depending on nature of business.
• May invest in new or existing business. We have access to both franchise start-ups and resales.
• Any type of business can potentially qualify, except home-based businesses.
• Ideal business for E-2 visa qualification should:
  • Generate sufficient income to provide investor and family with comfortable living in the U.S.
  • Create jobs for U.S. workers, usually at least a few employees, not including owner.
  • Have physical business premises, such as a store, shop, office, etc.
  • Be asset-based to demonstrate substantial usage of investment funds such as inventory, equipment, supplies, business premises build-out and/or renovation, etc.
• New business given reasonable time to reach profitability and job creation.
• Must prove lawful source of investment funds
  • Savings
  • Employment income
  • Investment income
  • Property sale
  • Business sale
  • Personal loan
  • Gift from family or relative
  • Inheritance
• Funds held in investor’s possession before invested in business.
• Must be actively operating for-profit business.
• Passive and speculative investments do not qualify.
• New business must be close to operating when submitting visa application.
• Must personally manage and operate the business.
• No minimum requirements but must demonstrate ability to manage and operate the type of business.
• Ability may be based on combination of education, training, and work experience.
• Any relevant education or experience is helpful.
• Apply at the U.S. Embassy in investor’s home country.
  • Requires vasa interview
  • Usually 1 to 3 months processing time
  • Possible multiple entry visa
• Or apply for change of visa status directly in the United States.
  • Process within the U.S. without leaving the country
  • No interview. Decision based on paperwork only
  • Usually 3-4 months processing time
  • Expedited processing available
  • No travel authorization