Home → Immigration → E-2 Investor Visa
Treaty investor visa
E-2 Investor Visa
The E-2 visa allows nationals of treaty countries to enter and work in the United States based on a substantial investment in a U.S. business. Unlike most employment-based visas the E-2 does not require a U.S. employer sponsor. The investor owns and directs the enterprise and the visa is tied to the investment rather than a job offer.
Parandian Law represents E-2 investors in initial visa applications, extensions, and expansions of E-2 enterprises. We advise on investment structure, treaty country eligibility, and the substantiality of investment at every stage of the E-2 process. We also advise on E-2 as a bridge strategy for investors pursuing permanent residence through other categories.
The E-2 is one of the most flexible and entrepreneur-friendly visas available to foreign nationals. But the investment must be real, at risk, and directed at generating more than marginal income. We help investors structure and document their investments to meet the regulatory standard.
Treaty Investor · Substantial Investment · At Risk · Active Investment · E-2 Employee · E-2 Extension · Treaty Country · Marginal Enterprise
Speak with an attorney
Tell us about your situation and we’ll respond within one business day. Use our secure intake form to tell us about your matter.
This form does not create an attorney-client relationship. Please do not include confidential information in your initial message.
What is the E-2 visa
E-2 investor visa — the essentials
The E-2 visa is available to nationals of countries that have a bilateral investment treaty with the United States. The investor must have invested, or be in the process of investing, a substantial amount of capital in a bona fide U.S. enterprise. The investment must be at risk, meaning committed to the enterprise and subject to loss. The investor must own at least 50 percent of the enterprise or otherwise control it through a managerial position or other device.
There is no minimum dollar threshold for E-2 investment. Substantiality is measured proportionally against the total cost of the enterprise. Courts and USCIS apply an inverse sliding scale, meaning a lower-cost enterprise requires a higher percentage of investment to qualify, while a higher-cost enterprise may qualify with a lower percentage. The investment must also be more than marginal, meaning it must generate significantly more income than enough to support the investor and family, or have a significant economic impact.
Key FACTS
Eligibility:
Treaty country nationals only
Minimum investment:
No fixed minimum
Investment standard:
Substantial and at risk
Ownership required:
50% or controlling interest
Initial period:
2 years (consular)
Extensions:
2 year increments, unlimited
Employees:
E-2 employee visa available
Dual intent:
Indirect, through other categories
Green card pathway:
L-1A → EB-1C green card
Spouse work auth:
L-2S EAD available
What we handle
E-2 visa services
E-2 investor visa representation for treaty country nationals investing in U.S. businesses.
E-2 initial applications
Full E-2 visa application preparation for consular processing, including investment documentation, business plan, source of funds analysis, and substantiality of investment analysis.
E-2 extensions
E-2 extension applications demonstrating the ongoing viability of the enterprise and the investor’s continued direction and development of the business.
E-2 employee visas
E-2 visa applications for key employees of E-2 enterprises, including executives, managers, and essential skilled employees of the same nationality as the treaty investor.
Investment structure analysis
Pre-application analysis of the proposed investment structure, treaty country eligibility, substantiality, and marginal enterprise issues before committing funds or filing anything.
How it works
Our E-2 process
01
Eligibility and treaty analysis
We confirm the investor’s treaty country nationality, review the proposed investment structure, and advise on whether the investment will meet the substantiality and at-risk requirements before any funds are committed.
02
Investment documentation
We work with the investor to document the investment comprehensively, including bank records, purchase agreements, lease agreements, licenses, and evidence that the funds are irrevocably committed to the enterprise.
03
Business plan and application
We prepare the E-2 business plan demonstrating the non-marginal nature of the enterprise, the investor’s directing role, and the investment’s economic impact. We assemble the full consular application package.
04
Consular interview and extension
We prepare the investor for the consular interview at the U.S. embassy or consulate. For approved E-2 investors we track the visa expiration and advise on extension timing and updated documentation requirements.
Common questions
E-2 visa FAQ
Which countries are eligible for E-2?
E-2 eligibility depends on the investor’s country of citizenship, not residence. The United States maintains bilateral investment treaties with approximately 80 countries. Common eligible countries include the United Kingdom, Canada, Germany, France, Italy, Japan, South Korea, Turkey, Israel, and many others. Notable ineligible countries include China, India, Brazil, and Russia, whose nationals do not have E-2 treaty access. We confirm treaty country eligibility at the outset of every E-2 consultation. Investors who are not nationals of a treaty country should consider alternative pathways including EB-5, L-1, or O-1A.
How much do I need to invest to qualify for E-2?
There is no fixed minimum investment amount for E-2. The investment must be substantial relative to the total cost of the enterprise. USCIS and consular officers apply an inverse sliding scale. For a business with a total cost of $100,000, an investment of $75,000 or more would generally be considered substantial. For a business costing $500,000, a lower percentage may suffice. The investment must also be more than marginal. We analyze the specific investment and enterprise to advise on whether the substantiality standard is met before filing.
Can I buy an existing business for E-2?
Yes. Purchasing an existing business is one of the most common E-2 investment scenarios. The purchase price counts as the investment, provided the funds are irrevocably committed and at risk in the enterprise. We advise on purchase structure, due diligence, and documentation. One important consideration is that the acquired business must be a bona fide operating enterprise, not a shell or dormant company. We review the acquisition documents and business history as part of E-2 preparation.
Does E-2 lead to a green card?
Not directly. The E-2 is a nonimmigrant visa that does not confer dual intent. However, many E-2 investors eventually pursue permanent residence through other categories. Options include EB-1C for managers and executives of qualifying companies, EB-2 NIW for investors whose work is in the national interest, and EB-5 for qualifying capital investments. E-2 investors with U.S. citizen or LPR family members may also have family-based options. We advise E-2 clients on long-term permanent residence strategy from the outset of the E-2 relationship.
Can my employees come to the U.S. on E-2?
Yes. Key employees of an E-2 enterprise who share the treaty country nationality of the principal investor may be eligible for E-2 employee visas. The employee must be executive, managerial, or have specialized skills that are essential to the enterprise. E-2 employee visas are tied to the continued operation of the E-2 enterprise. We handle E-2 employee applications as part of our E-2 enterprise representation.
Related services
Often considered alongside E-2 Visa
Investing in a U.S. business?
E-2 eligibility depends on treaty country nationality, investment structure, and enterprise viability. Speak with an attorney before committing funds.
Have a question first?
Prefer to speak directly?
Call us at (914) 793-2626
Use our secure intake form to tell us about your matter. We review every submission personally and respond within one business day.