Expanding or launching a business in the United States is a coveted opportunity for entrepreneurs worldwide. The E‑2 Treaty Investor Visa offers a non-immigrant pathway for nationals of qualifying countries to invest and operate a U.S. enterprise. This guide covers everything you need to know—from eligibility and investment thresholds to application steps and long‑term planning.
What Is the E‑2 Treaty Investor Visa?
The E‑2 visa permits nationals of countries with which the U.S. maintains a qualifying treaty of commerce and navigation to enter and work in the U.S. based on a “substantial” investment in a bona fide enterprise. It is a non-immigrant classification, meaning it does not directly lead to permanent residency, but it can be renewed indefinitely as long as the business remains viable.
Treaty Countries
To qualify, the principal investor must hold citizenship in one of the 8O+ treaty nations. The U.S. Department of State maintains an up‑to‑date list of treaty countries. Nationals of these countries—and their employees—may apply under the E‑2 classification.
Eligibility Requirements
Principal Investor
Nationality: Must be a citizen of a treaty country.
Investment: Must have invested or be actively investing a “substantial” amount of capital in a U.S. business.
Control & Direction: Must own at least 50% of the enterprise or hold operational control through a managerial role.
Lawful Source: Funds must be traceable to lawful activities.
Employee of Treaty Investor
Foreign employees sponsored under E‑2 must:
Share the same nationality as the principal investor.
Serve in an executive/supervisory capacity or possess essential specialized skills.
What Constitutes a “Substantial” Investment?
No statutory minimum exists, but investments typically range from USD 100,000 to USD 200,000. Lower‑cost businesses may succeed with USD 80,000–100,000 if the investment proportionally represents the total enterprise cost.
Key factors:
Proportionality: Investment must relate to the business’s total cost (e.g., 100% for a USD 50,000 startup; 50% for a USD 500,000 venture).
Risk: Capital must be “at risk” and committed to generating profit, not held in revocable accounts.
Qualifying Business Types
The enterprise must be a real, active, for‑profit commercial or entrepreneurial venture. Marginal businesses solely providing a living for the investor and family do not qualify unless they demonstrate significant U.S. economic impact (e.g., job creation, revenue generation).
Application Process
Form I‑129 (Change of Status): Filed by investors already in the U.S. under a different status.
Consular Processing: Applicants abroad apply via the U.S. Embassy/Consulate using the Department of State’s procedures.
Supporting Documentation:
Proof of nationality and ownership/control.
Evidence of investment (bank statements, asset valuations).
Business plan highlighting viability, staffing, and revenue projections.
Organizational documents (e.g., articles of incorporation, leases).
Interview: Mandatory consular interview for consular applicants.
Duration, Renewal & Extensions
Initial Admission: Up to 2 years.
Renewals: Unlimited, in increments of up to 2 years, provided the business remains operational and the investor continues to meet E‑2 requirements.
Travel Flexibility: Investors may enter and exit the U.S. freely during the authorized period.
Dependents (E‑2 Derivatives)
Spouses and unmarried children under 21 qualify for E‑2 derivative status.
Work Authorization: Spouses may apply for employment authorization (Form I‑765) to work in any lawful capacity.
Study: Children may attend school in the U.S., but typically cannot work.
Advantages & Limitations
Advantages
Indefinite Renewals: No statutory cap on renewals.
Broad Business Scope: From startups to franchise purchases.
Spousal Work Rights: Spouses can work without restriction.
Limitations
Non-immigrant Intent: E‑2 status requires intent to depart upon visa expiry; dual intent is not recognized.
No Direct Path to Green Card: Investors must explore alternative immigrant visas (e.g., EB‑5, family‑based) for permanent residency.
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Changing Status & Portability
Change of Employer: Not applicable—E‑2 is tied to the specific investment enterprise.
Change of Status to Permanent Residency: Possible via EB‑5 or other immigrant categories, but requires meeting separate criteria.
Tips for a Strong E‑2 Application
Comprehensive Business Plan: Detailed market analysis, staffing, financial projections, and growth strategies.
Documented Fund Source: Provide clear evidence of lawful fund origins and transfer to the U.S.
Demonstrate Economic Impact: Highlight job creation, local contracts, or industry partnerships.
Engage Experienced Counsel: Specialized immigration attorneys can preempt potential challenges.
Why Choose SwiftPass to Help You Secure Your E-2 Visa
SwiftPass Global Immigration streamlines every step of your E‑2 visa journey by providing end‑to‑end support tailored to investor needs. From the outset, our experienced team conducts a thorough eligibility assessment and helps structure your capital investment to meet “substantiality” requirements. We draft a persuasive, USCIS‑compliant business plan that highlights market analysis, revenue projections, and job creation metrics, ensuring consular officers see the economic impact of your enterprise. Our document specialists gather and organize all necessary evidence—proof of nationality, source of funds, corporate formation papers, and lease agreements—so your petition is both comprehensive and compelling.
Throughout consular processing, SwiftPass Global Immigration liaises directly with U.S. embassies, prepares you for visa interviews, and tracks application status to minimize delays. Post approval, we offer ongoing compliance guidance to maintain your E‑2 status and advise on renewal strategies, allowing you to focus on growing your U.S. business with confidence.
Conclusion
The E‑2 Treaty Investor visa empowers qualifying entrepreneurs and their families to live and work in the U.S. by investing in commercially viable enterprises. While it demands substantial commitment—both financially and administratively—the visa’s indefinite renewals, spousal work rights, and flexibility make it a premier choice for treaty investors. Prospective applicants should meticulously prepare their documentation, engage expert counsel, and ensure their investment aligns with E‑2 regulatory expectations.
For tailored guidance, contact or visit us.