E-2 Treaty Investor Visa Series
The E-2 Treaty Investor Visa Series
Attorney AdvertisingAnkaa Law P.C.Manhattan 42 West 44th Street · Flushing 3915 Main Street, Room 319+1 718-218-5805
“Can I get an E-2? How much do I need to invest? Can my spouse work? How long can we stay?” This series breaks the questions investors ask most into short, single-topic answers. It pays particular attention to Taiwanese and European investors and to businesses being set up in New York.
The Basics
| Part | Title | In One Sentence |
|---|---|---|
| Part 1 | What Is the E-2 Treaty Investor Visa? | What the E-2 is, why it exists, and who it is (and isn’t) designed for |
The Requirements
| Part | Title | In One Sentence |
|---|---|---|
| Part 2 | Who Can Apply? The Treaty Nationality Requirement | Whose nationality counts, the 50% ownership rule, dual nationals and employees |
| Part 3 | How Much Must You Invest? | The “substantial investment” test, what counts, and escrow |
| Part 4 | Proving Where Your Money Came From | Documenting a lawful source and tracing the money into the business |
| Part 5 | What Kind of Business Qualifies? | Real and operating, not marginal, and “develop and direct” |
Applying
| Part | Title | In One Sentence |
|---|---|---|
| Part 6 | Two Ways to Get E-2 Status | Consular processing abroad vs. change of status with USCIS |
| Part 7 | The E-2 Visa for Taiwanese Nationals (coming soon) | Treaty status, the National ID Number issue, and applying at AIT |
| Part 8 | The E-2 Visa for European Nationals (coming soon) | Which countries qualify, country-specific rules, and the ESTA trap |
| Part 9 | Setting Up Your E-2 Business in New York (coming soon) | LLC publication, licenses, leases, and New York employer rules |
Living on an E-2
| Part | Title | In One Sentence |
|---|---|---|
| Part 10 | The Key Benefits of the E-2 Visa (coming soon) | Ten reasons investors choose the E-2, and the trade-offs |
| Part 11 | Bringing Your Family (coming soon) | Spouse work authorization, children’s schooling, and the age-21 deadline |
| Part 12 | How Long Can You Stay on an E-2? (coming soon) | Visa validity vs. the I-94, renewals, and what can cut a stay short |
Main Laws and Guidance Referenced
- Immigration and Nationality Act § 101(a)(15)(E)(ii)
- 8 C.F.R. § 214.2(e) (Department of Homeland Security)
- 22 C.F.R. § 41.51 and 9 Foreign Affairs Manual 402.9 (Department of State)
- New York Limited Liability Company Law §§ 206 and 802
Key Numbers at a Glance (September 2026)
| Item | Amount / Rule |
|---|---|
| Minimum investment | None set by law; must be “substantial” in proportion to the business |
| Treaty-national ownership | At least 50% of the U.S. business |
| Visa application fee | $315 per applicant, including family members |
| Visa validity: Taiwan, UK, Germany, Italy, Spain, Portugal | Up to 60 months |
| Visa validity: France | Up to 48 months |
| Admission per entry | Generally up to 2 years |
| Maximum total stay | None, as long as the business continues to qualify |
| USCIS premium processing | $2,965 (as of March 1, 2026) |
| NY LLC publication deadline | 120 days after formation or registration |
| NY minimum wage (2026) | $17.00/hr in NYC, Long Island, and Westchester; $16.00/hr elsewhere |
Attorney’s perspective
An E-2 case is often won or lost before it is filed: on nationality, on whether the money can be traced, and on whether the business is more than marginal. I help investors build the case from the start, from forming the company, buying a business or signing a lease. Note that nationals of mainland China are not eligible for the E-2, but those who also hold Taiwanese or another treaty nationality may be.
For advice about your own situation, call +1 718-218-5805 or schedule a consultation. We meet clients in Flushing and Manhattan, in English or Chinese.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your situation, please contact us.
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