The E-2 visa is a non-immigrant visa category that allows foreign nationals from treaty countries to enter the United States to invest in and manage a business. The E-2 visa is specifically designed for individuals who wish to work in the U.S. based on their investment in a business that is at least 50% owned by nationals of the treaty country, and who will develop and direct the operations of the business. The E-2 visa is often used by entrepreneurs, investors, and employees of companies involved in international trade or investment.

Key Features of the E-2 Visa:

• Substantial Investment: The applicant must be investing a substantial amount of capital in a U.S. business. While there is no specific minimum dollar amount, the investment should be enough to establish or purchase a viable business. Typically, this amount ranges from $100,000 to $200,000 or more, but lower amounts may qualify if the business is relatively low-cost (e.g., a small service business or startup).
• Business Ownership and Control: The applicant must be seeking to enter the U.S. to develop and direct a business in which they hold at least 50% ownership or have operational control (through a managerial position).
• Active Involvement: The investor must be actively involved in the operation of the business, rather than merely investing funds. This can mean serving as the owner, manager, or key employee of the business.
• Non-Immigrant Intent: The E-2 visa is a non-immigrant visa, meaning that the applicant must intend to return to their home country when their visa status ends. While it is possible to extend the visa, the individual must not have the intention of permanently immigrating to the U.S.

• Types of E-2 Visa Applicants: The E-2 visa is designed for several types of individuals:
  • E-2 Investor: A person who has invested or is in the process of investing a substantial amount of capital in a U.S. business.
  • E-2 Employees: Employees of a company that has been granted E-2 status can also apply for an E-2 visa if they meet certain criteria:
    • The employee must be in a supervisory or executive role or possess specialized skills that are essential to the company’s operations.
    • The employee must be a national of the same treaty country as the employer or company.
  • E-2 Employees’ Dependents: Spouses and unmarried children under 21 years of age of E-2 visa holders may accompany them to the U.S. under the E-2 visa status. E-2 spouses can also apply for work authorization once in the U.S., allowing them to work for any employer.

• E-2 Visa Requirements:

  • Substantial Investment: The investment must be substantial in relation to the total cost of purchasing or establishing the business. The investment must be sufficient to ensure that the business is operational and capable of generating a return. The amount varies based on the nature of the business but generally should be enough to support the business’s success.
  • At Risk: The investment must be at risk, meaning the investor is taking on a financial risk in the business, and it must not be in a speculative or passive investment. For example, purchasing real estate for rental income would not qualify, whereas investing in a new business or an existing business with the intention to run and manage it would qualify.