Your Complete Guide to
E-2 Investor Visas
Whether you are an entrepreneur, investor, or business owner, the e2 visa is designed to help you create and preserve wealth in the United States. Learn more.
Attorney Leonelba Martínez (Founder)
What Is an E-2 Visa?
The E-2 Visa, or treaty investor visa, is one of the many types of U.S. visas available to citizens of countries with which the U.S. has trade treaties. The United States currently has trade treaties with more than 30 countries.
Individuals with substantial investment funds can enter the U.S. on an E-2 visa to establish a bona fide enterprise. A bona fide enterprise refers to establishing or running a real and active business or office that produces a profit-making service or product.
The E-2 visa does not provide residency, unlike a Green Card. However, one of its main benefits is the ability to extend the E-2 visa indefinitely or for as long as the investment enterprise is viable.
If you are interested in the E-2 visa, consult an employment immigration attorney for a complete analysis of your eligibility and help with the application process.
Who Can File for an E-2 Visa?
Treaty investors may apply for E-2 status if they currently have a lawful nonimmigrant status in the United States.
An employer can also request an E-2 visa for an employee currently in the United States with a lawful nonimmigrant status by filing a Form I-129 on the employee’s behalf.
This can be a complicated process that may require the help of a deportation defense attorney.
Can E-2 Visa Applicants Bring Their Family Members to the US?
Unmarried children under 21 and spouses can accompany treaty investors and employees. Family members can apply for E-2 nonimmigrant status as dependents even if they do not have the same nationality as the treaty investor visa applicants.
If approved, they will have the same stay period as the treaty investor. Spouses of E-2 workers with valid E-2 or E-2S status are considered employment authorized incident to status, meaning they do not need to file a separate application to work in the US. The exception is spouses of E-2 Commonwealth of the Northern Mariana Islands (CNMI) investors, who must apply for separate employment authorization status.
To understand the required documents and the applicable legal requirements, consider hiring a Boynton Beach immigration lawyer.
E-2 Treaty Investor Visa Requirements
The U.S. and the foreign country must have a treaty
The firm you want to invest in or work for must be owned in majority by nationals of a treaty country
The E-2 applicant must visit the U.S. to develop and grow the business
The E-2 applicant should own 50% or more of the business, have operational control, serve in a supervisory or executive capacity, or have essential business skills
The company’s investments must be “at risk,” meaning investors could lose money
There must be a substantial investment
The investment/business should support more than the investor’s immediate family members
The investor controls the investment funds
The U.S. business must be active
The E-2 applicant must plan to leave after their U.S. duties
E-2 Visa Travel Restrictions
The E-2 visa does not limit its holder’s ability to travel. You are permitted to travel an unlimited number of times up until the time that your E-2 visa expires. In addition, the USCIS will not restrict the amount of time you spend outside of the country.
E-2 Visa to Green Card
Since the E-2 visa is in the nonimmigrant visa category, it does not automatically result in the holder being granted a Green Card.
You need to submit an application for immigrant classification and get it approved before you can transition from an E2 visa to a Green Card.