E-2 Treaty Investor Visa

Overview

The E-2 Treaty Investor visa permits nationals of treaty countries to enter the U.S. to develop and direct a business in which they have invested or are actively investing substantial capital. Like the E-1, the E-2 has no maximum stay — renewable indefinitely. It is widely used by entrepreneurs, franchisees, and family businesses establishing U.S. operations.

Eligibility Requirements

Applicant must be national of a treaty country; investment must be substantial (sufficient to ensure successful enterprise — proportionality test, no fixed minimum but typically $100,000+); investment must be in a real, operating, for-profit enterprise (not idle or speculative); funds must be at risk; applicant must develop and direct the business (50%+ ownership or operational control); and the enterprise must be more than marginal.

Application Process

Outside U.S.: file at U.S. consulate (specific consulates designated as 'E visa hubs'). Inside U.S.: file Form I-129. Extensive business plan, source of funds documentation, and investment evidence required.

Required Documentation

Required: nationality documentation; comprehensive business plan; proof of investment (purchase agreements, lease, equipment receipts, payroll records); source of funds documentation showing lawful origin; ownership/control documentation; evidence enterprise is more than marginal (employees, financial projections, market analysis); and operational documentation.

Government Filing Fees

Consular visa fee; I-129 fees if in U.S.; Asylum Program Fee.

Processing Timeline

Initial admission up to 2 years; Extensions in 2-year increments indefinitely; Consular processing 4–12 weeks.

Why Choose Our Firm

Our E-2 practice serves entrepreneurs from over 70 treaty countries, including franchise investors, technology startups, real estate operators, restaurant owners, and consulting firms. We provide end-to-end services: business plan development, source of funds tracing, corporate formation, and post-approval compliance.