💼 The E-2 Investor Visa enables nationals of countries with a treaty of commerce with the U.S. to invest in and manage a business in the U.S. It provides a path to live and work legally while growing your enterprise.
This article outlines eligibility criteria, investment requirements, and how BorderlessLawyers supports E-2 visa applicants.
Eligibility Requirements
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Must be a citizen of a treaty country (check USCIS list for eligibility)
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Must be investing a substantial amount of capital in a bona fide U.S. business
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Must own at least 50% of the business or have operational control
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Investment must be at risk with the intent to generate profit
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Applicant must be coming to the U.S. to develop and direct the business
Investment Requirements
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No fixed minimum amount, but generally $100,000 or more is considered substantial
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Investment must be sufficient to ensure business success
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Passive investments (e.g., stocks) do not qualify
Application Process
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Prepare business plan and investment documentation
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File Form DS-160 online and schedule consular interview (if abroad)
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Attend visa interview at U.S. consulate with evidence of investment
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If inside the U.S., file Form I-129 for change or extension of status
Benefits of the E-2 Visa
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Initial stay of up to 2 years, renewable indefinitely
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Spouse can apply for work authorization
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Children can attend school but cannot work
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No annual cap or lottery
How BorderlessLawyers Helps
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Evaluating treaty eligibility and investment structure
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Preparing comprehensive business plans and documentation
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Coordinating consular applications and interviews
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Advising on extensions and compliance
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Exploring long-term green card strategies
FAQs
Q: Can I apply if I am from a non-treaty country?
No, only nationals of treaty countries qualify.
Q: Does the business need to be new?
No, existing businesses can qualify if investment criteria are met.
Q: Can I bring employees?
Certain essential employees may qualify for L-1 visas but not E-2.
Invest and Build Your U.S. Dream
BorderlessLawyers offers expert guidance for investors seeking the E-2 visa, helping you navigate legal requirements to establish your business in the U.S.