Understanding the E-2 Visa: How to Invest and Work in the U.S.

What is the E-2 Visa?

The E-2 Investor Visa is a non-immigrant visa that allows foreign entrepreneurs to invest in a U.S. business and work in the country based on that investment. This visa is available only to citizens of treaty countries that have a commerce agreement with the United States.

E-2 Visa Requirements

  • Must be a citizen of an E-2 treaty country.
  • A substantial investment must be made in a U.S. business.
  • The investment must be in an active and operating enterprise, not a passive investment.
  • The investor must have at least 50% ownership or operational control of the business.
  • The business must generate enough revenue to support the investor and their family.

Benefits of the E-2 Visa

  • Allows for indefinite renewals as long as the business remains operational.
  • Spouses can obtain work authorization in the U.S.
  • No minimum investment requirement, but the amount must be considered “substantial.”
  • Investors can bring key employees from their home country.

The E-2 Visa Application Process

  1. Determine Eligibility – Ensure you are from a treaty country and have the necessary investment funds.
  2. Set Up or Purchase a Business – Invest in an active business that meets E-2 requirements.
  3. Prepare the Application – Submit Form DS-160, Form DS-156E (if required), and supporting documents.
  4. Schedule a Visa Interview – Attend an interview at a U.S. embassy or consulate.
  5. Receive Approval – If approved, the E-2 visa is issued, allowing you to live and work in the U.S.

Conclusion

The E-2 visa is a great option for investors looking to start or expand a business in the U.S. If you’re considering applying, consult with an immigration attorney to ensure you meet all requirements and submit a strong application.

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Isadora Velazquez, Esq.
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