Essential Guide to the E-2 Treaty Investor Visa
E-2 Visa Requirements: A Complete Guide for Investors and Entrepreneurs
Must-Know Facts About the E-2 Visa
The E-2 visa is a non-immigrant investor visa designed for entrepreneurs and investors from treaty countries—nations that maintain a commerce and navigation treaty with the United States. This visa allows foreign nationals to establish, manage, and operate a U.S. business legally.
To qualify, applicants must:
- Make a substantial investment in a real, active, and non-marginal U.S. business.
- Own at least 50% of the enterprise or demonstrate operational control.
- Ensure that the business generates more than a minimal living for the investor and their family.
There is no fixed minimum investment, but the amount must be substantial relative to the cost of the business. For lower-cost ventures, a higher investment percentage is required to meet eligibility standards. Unlike passive investments, the E-2 visa is intended for entrepreneurs who will be actively involved in managing and growing their U.S. operations.
The three primary qualification areas are:
- The investor’s nationality.
- The nature and proportionality of the investment.
- The viability of the business enterprise.
If you are considering an E-2 visa, it is essential to understand these requirements before filing your petition.
What Is the E-2 Visa?
An E-2 Treaty Investor Visa is granted to nationals of treaty countries who make a qualifying investment in the United States. Unlike many other non-immigrant visas, the E-2 category requires a hands-on role in directing and developing a bona fide enterprise.
This means the U.S. business must be:
- Real and active, producing goods or services for profit.
- Commercially at risk, with investment funds subject to potential loss if the venture fails.
- Non-marginal, showing the capacity to generate more than a minimal income for the investor’s household, typically within five years.
Nationality and Treaty Country Requirement
Applicants must be citizens of a treaty country. Permanent residency or long-term residence in that nation is not sufficient—your passport must confirm citizenship from the treaty country.
Example: If a French citizen has lived in China for eight years, they may still qualify since their nationality, not their residence, determines eligibility.
Substantial Investment in a Bona Fide U.S. Business
There is no official dollar threshold, but the proportionality test applies. For example:
- A $100,000 investment in a $120,000 business may qualify.
- The same $100,000 in a multi-million-dollar company may not.
Evidence to prove the legitimacy of your enterprise may include:
- IRS Employer Identification Number (EIN) assignment.
- Tax returns and financial statements.
- Payroll reports (W-2s, W-3s).
- Business licenses, contracts, or vendor agreements.
- Bank statements, leases, and utility bills.
- Organizational charts and advertisements.
Control of the Enterprise
The applicant must demonstrate authority to develop and direct the business. This typically requires owning at least 50% of the business or holding an executive/managerial role with operational control.
Intent to Depart
The E-2 visa is temporary. Applicants must show intent to depart the United States once their E-2 status ends, even though renewals are possible.
Employees of Treaty Investors
Certain employees may also qualify if they meet these requirements:
- Citizenship of the same treaty country as the principal investor.
- Employment in an executive, supervisory, or essential-skilled role.
Executives and supervisors must demonstrate authority over policy, decision-making, or a major division of the business. Essential employees must possess specialized skills not easily found in the U.S. labor market.
Is an E-2 Business Plan Required?
Although not mandatory, a comprehensive business plan is highly recommended. It demonstrates to USCIS that the business is viable, will create jobs, and contribute to the U.S. economy.
Extending an E-2 Visa
There are two options for extending E-2 status:
- Departing the U.S. and re-entering for an automatic two-year renewal.
- Filing an extension with USCIS using Form I-129 and Form I-539.
Applicants must prove they still meet all original eligibility requirements.
Country-Specific Requirements
Some treaty countries may impose additional requirements. For instance, U.K. nationals may need to show residency ties to the United Kingdom, such as:
- Home ownership or rental agreements.
- U.K. tax returns or payslips.
- U.K.-based investments.
How Green Card Link Can Help
At Green Card Link, our experienced immigration attorneys have successfully guided entrepreneurs and investors through the complex E-2 visa process. With extensive knowledge of USCIS regulations and Department of State requirements, the immigration attorneys at Green Card Link can provide personalized strategies to help maximize your chances of approval.
If you are ready to launch or expand your U.S. business through an E-2 visa, schedule a free immigration consultation with an immigration attorney at Green Card Link today.