Why Choose the E-2 Visa? (Benefits)

• Live in the U.S. legally while managing your business: This non-immigrant visa grants the principal investor the right to reside in the U.S. exclusively for the purpose of developing and directing the qualifying treaty enterprise, without the strict “non-immigrant intent” requirements of many other visa types.

• No fixed investment minimum (depends on your type of business): U.S. law does not stipulate a minimum dollar amount; rather, the investment must be “substantial,” meaning it is proportional to the total cost of establishing or purchasing the business to ensure the enterprise is operational and financially viable.

• Bring your spouse and kids under 21: Your spouse and unmarried children under 21 are eligible for derivative E-2 status, allowing them to reside with you in the U.S., regardless of their own nationality.

• Spouse can work in the U.S. too: Spouses of E-2 principal investors receive open market employment authorization upon request and can work for any employer in the U.S. without restriction.

• Visa renewals possible as long as your business continues: The E-2 visa offers indefinite residency potential through unlimited two to five year renewals, provided the underlying U.S. enterprise remains actively operating, financially non-marginal, and continues to meet all treaty investor requirements.

Basic Requirements (Detailed Criteria)

To qualify for the E-2 Visa, you need to:

• Be a citizen of a treaty country (U.S. has agreements with 70+ nations): The principal investor must possess the nationality of a country with an established Treaty of Commerce and Navigation with the U.S.

• Invest your own money into a U.S. business funds must be legal and at risk: The capital must be irrevocably committed, subject to potential loss if the enterprise fails, and must have a clearly traceable, lawful source (documented via tax returns, business sales, etc.).

• Be ready to launch or grow your business, including office lease, website, and contracts: The investment must be in a real, bona fide operating commercial enterprise that produces goods or services for profit and is nearing the start of actual business operations, not just a passive or speculative investment.

• Show you can direct and run the company (experience/skills matter): The principal investor must demonstrate ownership or operational control through a managerial or executive position, coming to the U.S. solely to develop and direct the enterprise’s operations.

• Make a substantial investment (enough to prove the business is real, not just a side hustle): The business must not be “marginal,” meaning it must generate, or have the capacity to generate within five years, significantly more income than is necessary simply to support the investor and their family, proving a substantial economic impact on the U.S. economy.