The E-2 Visa, also known as the “Investor Visa,” is a non-immigrant visa that permits nationals of treaty countries to enter and remain in the United States to develop and direct a business in which they have made a substantial investment. The E-2 Visa offers a wide range of advantages for investors looking to establish a foothold in the U.S. economy while providing the flexibility to travel in and out of the country.
This visa is particularly beneficial for entrepreneurs and small-to-medium-sized investors who may not meet the higher monetary requirements of other investment-based immigration programs, such as the EB-5 Visa.

With proper planning and execution, the E-2 Visa allows individuals to operate a business, live in the U.S., and bring their immediate family members under derivative visas.

The E-2 Visa is available only to individuals who meet specific qualifications, both as investors and as nationals of treaty countries. Below, we outline the key eligibility requirements for the E-2 Visa:

Treaty Country Nationality

To qualify for an E-2 Visa, the applicant must be a national of a country that has an existing treaty of commerce and navigation with the United States. The U.S. Department of State maintains a list of treaty countries, which includes nations such as the United Kingdom, Canada, Germany, Japan, and Australia, among others. Evidence of nationality, such as a valid passport, is required to prove eligibility.

Substantial Investment

The applicant must have invested or be actively in the process of investing a “substantial” amount of capital in a bona fide U.S. business. While there is no fixed dollar amount that defines “substantial,” the investment must meet the following criteria:

• It should be sufficient to ensure the success of the business.
• It should be proportional to the total cost of the business (e.g., larger investments are required for businesses with higher startup costs).
• It must place the investor’s own funds “at risk” with the objective of generating profit. Loans secured against the assets of the business typically qualify, while speculative or passive investments, such as owning real estate, do not.

Active and Genuine Enterprise

The business in which the applicant invests must be a real, active commercial enterprise. It cannot be a shell company, an idle investment, or an enterprise that generates marginal income. To satisfy this requirement, the business must:

• Be actively engaged in producing goods or services.
• Generate enough income to support the applicant and their family, or have the potential to do so within a reasonable timeframe.

We assist clients in preparing business plans, financial projections, and operational documents that demonstrate the legitimacy and potential profitability of their enterprise.

Control and Direction of the Business

The applicant must have a significant role in the business and must be entering the U.S. to develop and direct the operation. This means the investor must own at least 50% of the business or otherwise possess operational control through a managerial position or other means. Passive investors who do not play an active role in the day-to-day management of the business will not qualify.

Investment Funds Must Be Lawfully Acquired

Funds used for the investment must be derived from lawful sources. Applicants must be prepared to provide evidence that the capital was obtained through legitimate means, such as personal savings, business earnings, or inheritance. At the Law Office of Gell & Gell, PLLC, we guide applicants in documenting the source of their investment funds to satisfy this critical eligibility requirement.

Dependent Eligibility

Spouses and unmarried children under the age of 21 can apply for derivative E-2 Visas. Spouses are eligible for work authorization in the United States, and children can attend school without any additional visa requirements, making the E-2 Visa an attractive option for families.

The E-2 Visa application process requires meticulous preparation and thorough legal knowledge. Even small errors or omissions in the application can result in delays or denials, which could jeopardize your ability to invest and reside in the United States

Here’s how our attorneys can assist you:

1. Comprehensive Eligibility Assessment
2. Business Planning and Strategy
3. Documentation Preparation
4. Handling Requests for Evidence (RFEs)
5. Representation During Visa Interviews
6. Ongoing Legal Support