E2 VISA

The information provided here is for educational purposes only and should not be considered legal advice. It is intended to offer a general overview of the E-2 visa process and requirements. Readers are strongly advised not to attempt to resolve individual issues based on this information alone. For specific situations and legal advice, please consult an experienced immigration attorney. As a business broker, I am happy to refer you to a qualified immigration attorney who can address all your questions and guide you through the process.

E-2 Visa Requirements - Overview

Foreign investors looking to invest a “substantial amount of capital” in a U.S. business and who will be responsible for developing and directing that business may be eligible for an E-2 investor visa, provided their country of citizenship has the required treaty with the United States. Additionally, foreign companies owned by nationals of a treaty country may be able to petition for E-2 visas for their employees.

Nationality Requirement: The investor, whether an individual or a business, must be a national of a treaty country. The nationality of a business is determined by the nationality of its individual owners. If a foreign corporation is making the investment, at least 50% of the corporate owners must be nationals of the treaty country. If the corporation is owned by another business, ownership must be traced to ensure the 50% rule is met with respect to the parent organization.

Control of the E-2 Enterprise: The investor must have control of the U.S. business by owning at least 50% of the enterprise. In a joint venture or partnership, an equal share of the investment generally provides controlling interest if the investor retains full management rights and responsibilities.

Substantial Investment: There is no specified minimum investment amount for the E-2 visa. However, the law requires the investment to be “substantial” relative to the total cost of purchasing or establishing the business. Typically, the applicant should be prepared to invest at least $50,000, but the actual required amount will vary based on the type of business.

Source of Funds: The E-2 investor must have possession and control of the capital and funds invested. The funds must have been obtained from lawful sources, such as personal savings, investment earnings, gifts, or inheritance. The funds do not necessarily have to come from outside the United States. However, inheriting a business does not qualify for the E-2 visa.

Real and Active Commercial Enterprise: The business must be a real, active commercial or entrepreneurial undertaking, producing a service or commodity. It must have the necessary licenses and permits as required by law. The business cannot be a speculative investment or an idle paper organization, such as undeveloped land or stocks held by an investor without the intent to direct the enterprise.

Marginality of the Enterprise: There is no minimum business size requirement for the E-2 investor visa. However, the investment must not be marginal, meaning it cannot be solely for the purpose of providing a living for the investor and their family. The business should have the capacity to generate more than just subsistence income for the investor and potentially create employment opportunities.

Spouse and Children of the E-2 Investor: The spouse and children of the E-2 investor may obtain E-2 visas as dependent family members to reside in the United States. These family members may apply at the same time as the E-2 investor or after the investor has been issued the E-2 visa. Children must be under 21 years old to qualify for the dependent E-2 visa. The spouse may apply for a work permit with the USCIS after arriving in the United States. This work permit called an “Employment Authorization Card,” offers the spouse flexibility and convenience in employment.

Next Steps

If you're considering an E-2 visa as a pathway to investing in a U.S. business, I'm here to assist you with the process of identifying and evaluating business opportunities. For legal advice on the E-2 visa process or to address specific case situations, I am happy to refer you to a qualified immigration attorney who can provide the expert guidance you need.