The United States has long been known as the land of opportunity, attracting ambitious entrepreneurs from around the world. For those looking to invest and operate a business in the U.S., the E2 visa offers a valuable pathway. This visa allows investors from treaty countries to start and manage businesses in the U.S., opening doors for professional and financial growth.
At Ibrahim Law Global, we understand how these processes can be difficult and complex. That’s why our experienced immigration attorneys are here to guide you every step of the way.
What is the E2 Visa?
The E2 visa, also known as the Treaty Investor Visa, is a non-immigrant visa designed for business investors from countries that maintain a commerce and navigation treaty with the United States. While it does not lead directly to citizenship, the E2 visa provides long-term flexibility, allowing entrepreneurs to live and work in the U.S. as long as they continue to meet eligibility requirements.
Key Benefits of the E2 Visa
Entrepreneurs seeking to establish or expand their businesses in the U.S. can take advantage of several benefits provided by the E2 visa, including:
- Open and operate a business enterprise in the U.S.
- No minimum investment requirement (must be considered substantial)
- Family members qualify for visas
- Unlimited extensions available
- No requirement to maintain a foreign residence
- Unrestricted travel in and out of the United States
Notably, an E2 visa holder’s spouse may work in the U.S. without restrictions, and children can attend school, making it an attractive option for families looking to relocate.
Eligibility for an E2 Visa
There are some basic eligibility requirements that an entrepreneurial investor must meet to obtain an E2 visa. The requirements include:
- Be a citizen of a treaty country (as listed by the U.S. Department of State).
- Make a substantial investment in a U.S. business.
- Own or actively control at least 50% of the business.
- Prove the company is a real, operating enterprise (not a passive investment).
- Demonstrate that the business will provide jobs for U.S. workers.
- Show that the investment funds are legitimate and at risk in the business.
- Intend to develop and direct the business actively.
Understanding ‘Substantial Investment’
The E2 visa does not specify a minimum investment amount, but the investment must be substantial in relation to the business type and industry. Typically, this means:
- The amount must be sufficient to start and operate the business successfully.
- It should be large enough to demonstrate financial commitment.
- The funds must be legally obtained and fully committed to the business.
While no official threshold exists, investments below $100,000 may face additional scrutiny, especially if they do not clearly demonstrate business viability.
Recent Changes to Nationality Requirements
U.S. Citizenship and Immigration Services (USCIS) has recently tightened verification requirements for applicants claiming nationality from a treaty country. Now, applicants may be required to provide additional proof of nationality, including evidence of three continuous years of residence in the treaty country before applying.
Because immigration policies evolve, it is crucial to work with a knowledgeable immigration attorney who can help navigate these requirements effectively.
E2 Visas Are Empowering for Entrepreneurs
The E2 visa serves as a powerful tool for global entrepreneurs looking to establish a footprint in the U.S. market. A strong business plan plays a critical role in the application process, demonstrating the company’s potential for growth and job creation.
Whether you’re launching a new startup, investing in an existing business, or expanding your current operations, the E2 visa provides the flexibility to bring your vision to life in the United States.
Contact Ibrahim Law Global Today
The E2 visa offers entrepreneurs wonderful opportunities in the U.S., but the process can seem complicated. A qualified immigration attorney will answer your questions and help you through the steps necessary to apply for an E2 visa.
To learn more about the E2 Treaty Investors visa, contact us online or by phone at (708) 584-3043 to schedule a consultation with our experienced team.
