The E-2 visa allows citizens of countries that have a qualifying treaty with the United States to live in the U.S. while developing and directing a business in which they have invested a substantial amount. It is one of the most practical options for entrepreneurs who want to buy or start a business such as a restaurant, salon, retail store or franchise.
Key requirements
- Treaty nationality. The investor, and at least 50% of the business’s ownership, must hold citizenship of a treaty country. Taiwan, Japan, Korea and many European and Latin American countries qualify. Mainland China is not an E-2 treaty country, although Chinese nationals who also hold citizenship of a treaty country may qualify through that nationality.
- Substantial investment. There is no fixed minimum. The investment must be substantial relative to the cost of the business, and the funds must be committed and at risk.
- A real, operating business. The enterprise must be active, not a passive investment, and must be more than “marginal,” meaning it should have the capacity to do more than support the investor’s family.
- Control. The investor must own at least 50% of the business or have operational control.
Benefits
- Visas can be renewed indefinitely as long as the business continues to qualify.
- The investor’s spouse is authorized to work, and unmarried children under 21 may attend school.
- Key employees of the treaty nationality may also qualify for E-2 status.
Learn more: our E-2 visa series
Our E-2 Treaty Investor Visa Series explains treaty nationality, how much to invest, proving the source of funds, what kind of business qualifies, and the two routes to E-2 status.
How we help
We coordinate the immigration case with the business itself. We help you form the company or purchase an existing business, document the investment and source of funds, prepare a credible business plan, and present the application either at a U.S. consulate abroad or through a change of status in the United States. The E-2 is a nonimmigrant visa, so we also discuss long-term options if permanent residence is your goal.