The E-2 Investor Visa: Your Guide to Doing Business in the U.S.

For entrepreneurs and investors from treaty countries, the E-2 Investor Visa offers a unique opportunity to buy or start a business in the United States. This nonimmigrant visa allows you to live and work in the U.S. to direct and develop your commercial enterprise, providing a direct path to realizing your American dream. Understanding the requirements is the first step toward a successful application.

• Treaty Country Requirement: You must be a citizen of a country that maintains a treaty of commerce and navigation with the United States.
• Substantial Investment: You must invest a substantial amount of capital in a bona fide U.S. enterprise.
• Active Role: You must be coming to the U.S. to develop and direct the investment enterprise.
• Family Inclusion: Your spouse and unmarried children under 21 can join you and may be eligible for work or study.

What Are the Eligibility Criteria for an E-2 Visa?

This is the most common question we receive, as the E-2 visa has a unique set of criteria. Unlike other visas, it focuses on your ability to contribute to the U.S. economy through investment and business development.

To qualify, you must demonstrate the following:

• You are a national of a treaty country. The list of eligible countries is maintained by the U.S. Department of State.
• You have invested or are actively in the process of investing a substantial amount of capital. While there is no minimum dollar amount, the investment must be substantial in relation to the total cost of either purchasing an existing business or establishing a new one. The capital must be “at risk,” meaning it is irrevocably committed to the enterprise.
• The investment is in a real, operating commercial enterprise. Your investment cannot be in a passive or speculative venture. The business must be actively engaged in providing services or producing goods for profit.
• You will direct and develop the enterprise. You must show that you will be in a position to control the business, typically by demonstrating at least 50% ownership or by possessing operational control through a managerial position.
• The business is not marginal. The enterprise must possess the immediate or prospective ability to generate income sufficient to comfortably support your family’s basic livelihood.

How Substantial Must My Investment Be?

The term “substantial” can be confusing, as it is not defined by a specific monetary figure. Instead, USCIS uses a proportionality test. A lower investment may be considered substantial for a small service-based business, while a much larger investment would be required for a manufacturing plant. The key is to show that your investment is significant enough to ensure the successful operation of the enterprise. For example, an investment of $100,000 might be substantial for a consulting firm, but it would likely not be for a large restaurant.

How Can My Family Join Me in the U.S.?

The E-2 visa provides excellent benefits for your immediate family members. Your spouse and unmarried children under 21 years of age can apply for derivative E-2 visas to accompany you.

• Spouses: Your spouse may apply for work authorization upon arriving in the U.S., allowing them to work for any employer without restriction. This provides significant flexibility and financial support for your family.
• Children: Your children can attend school in the U.S., but are not eligible for work authorization. It is important to note that once a child turns 21, they will no longer be eligible for E-2 dependent status and must find another visa to remain in the U.S.

Your Partner in a New Venture

The E-2 Investor Visa is an incredible gateway for entrepreneurs to build a life and a business in the United States. However, the application process involves careful planning and meticulous documentation to prove that you and your investment meet the stringent requirements. Facing this complex journey alone can be overwhelming.

At Sverdloff Law Group, we are your dedicated immigration allies. We understand the nuances of the E-2 visa process and are committed to providing the guidance and empathetic support you need to turn your business vision into a reality. Your success is our mission. If you are ready to take the next step toward launching your U.S. enterprise, contact us today for a consultation.