Understanding the E-2 Treaty Investor Visa: Eligibility, Investment Criteria, and Application Process

The E-2 visa is designed for individuals from certain countries to live and work in the United States if they either:

• Invest a substantial amount of money in a U.S. business or entity (as an E-2 investor), or
• Work in the U.S. as an executive, manager, or essential employee of a company owned by someone from their home country (as an E-2 employee).

To qualify for an E-2 visa, the applicant’s home country must have a trade treaty with the United States.

Key Points:

• Investments can be made in either new or existing U.S. businesses.
• E-2 visa holders can work for their own business and bring employees from their home country.
• The “E” in E-2 stands for “Treaty,” indicating that these visas are granted based on treaties between the U.S. and other countries.
• Initially, the E-2 visa allows a stay of up to two years, with the possibility of extending it in two-year increments. There is no limit to the number of renewals.

This guide will outline the eligibility criteria, approval timelines, and application process for the E-2 visa.

E-2 Visa Eligibility:

Nationality: The investor or investment entity must be from a country with a treaty of commerce and navigation with the U.S., of which there are over 80.

Investment: You must invest or be actively investing a significant amount of money into a genuine U.S. business. The investment must be fully committed and at risk, meaning it cannot be withdrawn easily and should be sufficient to make the business successful and generate more than just a basic living wage.

Active Management: E-2 investors are required to actively manage the U.S. business. This includes owning at least 50% of the business, making major decisions, and overseeing day-to-day operations by either residing in or traveling to the U.S.

Business Type: The business must be a bona fide enterprise, not marginal. It should have the potential to grow and create jobs in the U.S., and it must generate more than a minimal living wage for the investor and their family.

Source of Funds: The investment funds must be from a legitimate source. You must document the legal origin of the funds and how they are being transferred to the U.S. business.

Investment Criteria for U.S. Business Ventures:

• Qualifying Investments:
  • Investing in an active business
  • Funds are fully committed and at risk
  • Investment is sufficient to ensure business success
  • Business earns significantly more than a living wage
  • The investor has a key role in running the business
• Non-Qualifying Investments:
  • Mere ownership of undeveloped land
  • Uncommitted funds in a bank account
  • Speculative investments with no active involvement
  • Business only supports basic living needs
  • Safe or protected investments with no risk of loss

E-2 Visa Timeline:

Obtaining an E-2 visa generally takes several months, whether applying from abroad or changing status within the U.S. Timelines may vary depending on the U.S. consulate or USCIS processing times.

If you have any specific questions about how to meet these requirements, feel free to contact us.