Should You Apply for an E-2 Visa?

Many types of visas that allow foreign nationals to lawfully reside in the U.S. require applicants to contribute, in some way, to the nation’s economy. Employers sometimes need specialized foreign talent to fill gaps in their workforce. Other times, foreign nationals may use their own money to get a U.S. visa. One of the most popular types of work-based visas is the E-2 visa, or treaty investor visa. Our firm has extensive experience helping applicants secure this dynamic visa.

E-2 visas are only reserved for nationals of certain countries. These countries have treaties with the U.S. for purposes of spurring economic activity. Several dozen countries have the E-2 treaty arrangement with the U.S., with at least one in every continent, save for Australia. This is why E-2 visas are often referred to as “treaty investors.”

Unlike the E1 visa, E-2 visas are self-petitioning, which means E-2 applicants do not need to be sponsored by an employer. This doesn’t mean that you should go it alone; having competent legal advice is essential. Claim your free visa strategy meeting with RelisLaw by filling out this form today.

Making the Investment

The main requirement for E-2 visa applicants is to invest a “substantial amount of capital” in a “bona fide,” U.S. enterprise. Applicants must also show that they either own or have “operational control” of at least 50 percent of the investment enterprise. The investment capital must be considered at-risk, meaning it is subject to at least a partial monetary loss if the enterprise fails.

How Much Should the Applicant Invest?

Contrary to popular belief, E-2 treaty investors do not have to invest a set amount of money. Instead, the investment amount must be “substantial.” The USCIS defines substantial, in this context, to mean:

  • Proportional to the total cost of purchasing a comparable established enterprise or starting a new one;
  • Enough to ensure the visa holder’s financial interests in fostering a successful enterprise; and
  • Significant enough for the enterprise to actually have a good chance of success.

E-2 Visas for Employees

Generally, employees of a bona fide E-2 U.S. enterprise may apply for an E-2 visa. Successful employee applicants must show that they will work in a supervisory or managerial capacity OR that they have specialized skills that are essential to the enterprise. Simply being fluent in English is not enough for employee applicants.

Conclusion

If you have some capital to spend and want to live in the U.S. for a certain period of time (up to five years, which can be renewed without limit if you continue to meet the requirements), the E-2 visa may be right for you. Depending on your circumstances, you might be able to get legal status for your employees and immediate family members, as well. RelisLaw has decades of experience helping foreign nationals realize their dreams, and we would be honored to do the same for you. Click here to claim your free visa strategy session to change your life today.

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We help people from around the world to live and work freely in the U.S., to achieve their dreams, unite families, or escape persecution. No matter what immigration service you need, RelisLaw will provide caring and dependable counsel to you and aggressive advocacy to vigorously fight for you using every available legal avenue. As a global firm, we work with people in countries around the world. We meet clients across the U.S., as well as in New York, Toronto, and Montréal. We also meet with clients globally, located in any country, via Skype and other platforms.
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E-2 Treaty Investor Visa Requirements: A Definitive Guide for Business Owners and Managers - RelisLaw

E-2 Treaty Investor Visa: Comprehensive Guide for Business Owners

U.S. Investment Opportunity: The E-2 Visa

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The **E-2 Treaty Investor Visa** is a non-immigrant classification for foreign nationals investing a substantial amount of capital in a bona fide U.S. business. At RelisLaw, we specialize in maximizing the approval chances for **E-2 Visa Business Entrepreneurs and Managers**.

The E-2 visa allows investors and their **immediate family** (spouse and unmarried children under 21) to live and work in the United States. Initial approval can grant residency for up to **5 years** and is indefinitely renewable as long as the business meets the requirements. This visa is explicitly designed to spur **foreign investment and economic development** in the U.S.

RelisLaw provides the **solid, detailed guidance** you can rely on to build your strongest E-2 Application and successfully secure your future in the USA!

Since 2016, our clients worldwide have chosen RelisLaw, not only for our **meticulous work and consistent Approvals** but also for the continuous support we provide to help them achieve their dreams of working in the U.S.

Be prepared to discuss your **business plan, investment sources, and management role** in detail during your application process. Upon E-2 visa approval, you will receive authorization to start working in your approved U.S. business right away!

E-2 Treaty Investor Visa Eligibility Summary

E-2 Requirement Category Core Eligibility Criteria Definition of Investment
**Applicant & Business** – Must be a **citizen of a U.S. treaty country**.

– Must have already **invested or be actively investing a significant amount** of capital in a legitimate U.S. enterprise.

– The applicant must be coming to the U.S. solely to **develop and direct the enterprise** by having ownership (at least 50%) or a key managerial/executive role.
– The investment must be **Substantial** relative to the total cost of the business (start-up or purchase).

– Funds must be large enough to demonstrate the investor’s strong **financial commitment** to the business’s success.

– The business must be **Not Marginal** (i.e., not solely created to provide a minimal living income for the investor and family, but must expand employment opportunities in the U.S.).
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