E-2 Treaty Investor Visa

The E-2 visa is frequently described as an “investor visa.”

That description leaves out the most important part:

The investor must be entering the United States to develop and direct a qualifying enterprise in which substantial capital has been placed at risk.

There Is No Universal $100,000 Minimum

E-2 law does not establish one fixed investment amount applicable to every business.

The investment must instead be substantial in relation to the cost of purchasing or establishing the enterprise and sufficient to demonstrate a real financial commitment to the business.

That means a service business, manufacturing operation, retail company and capital-intensive enterprise should not be analyzed identically.

The Enterprise Must Be Real and Operating

A passive holding of funds is not enough.

The business must be a real commercial enterprise producing goods or services.

The investment also cannot be merely marginal in the immigration-law sense.

Ownership and Control Matter

The investor generally must own at least 50% of the enterprise or otherwise possess operational control sufficient to develop and direct it.

Treaty nationality rules also apply to the enterprise.

Buying an Existing Business

E-2 can be used in connection with acquisition of an existing qualifying business.

But the transaction should be reviewed before closing whenever possible.

Escrow arrangements, purchase documents, source of funds, ownership, operational plans and timing can all affect the immigration presentation.

Starting a New Business

A new enterprise needs more than articles of incorporation.

The record should demonstrate that the investor has moved beyond a speculative idea and has made a real, committed investment in a business prepared to operate.

E-2 Is Not EB-5

E-2 is a temporary treaty classification.

EB-5 is an immigrant classification tied to statutory investment and job-creation requirements.

An E-2 does not automatically become a green card.

Compare E-2 and EB-5 →

First Question: Is Your Nationality Eligible?

E-2 is available only to nationals of qualifying treaty countries. The Department of State maintains the current list.