E-2 Investor Visa

To successfully meet the requirements for the E-2 investor visa, applicants must generally satisfy the following core criteria:

• Treaty Nationality: The applicant must possess the nationality of a country with an E-2 treaty. If the business is owned by an entity, at least half of that entity must be owned by treaty nationals.
• Irrevocable Investment: The investment capital must be irrevocably committed and placed at risk. This means the funds must be fully transferred to the business and actively utilized for its commercial operation, not merely held in a passive account.
• Operational Enterprise: The business must be a real, active commercial undertaking producing goods or services, not a speculative or passive investment.
• Intent to Depart: Despite the potential for indefinite renewals, the E-2 is a non-immigrant visa, requiring the investor to maintain an intent to depart the U.S. when the status ends.

The requirement for a "substantial" investment for the E-2 investor visa is proportional, not fixed. It is determined by assessing the amount of capital against the total cost of establishing or acquiring the New York enterprise. A substantial investment must be sufficient to ensure the successful operation of the business. Typically, lower-cost businesses require a higher percentage of total investment (often 75% or more), while higher-cost businesses may require a lower percentage. It is critical to provide clear and detailed documentation to verify the legal source of all invested funds.

Demonstrating that the E-2 investor visa business is non-marginal is often the most challenging part of the application, particularly for new ventures.

• Job Creation: Evidence of current employment of U.S. workers (or a clear, detailed plan for future hiring) is a strong indicator of economic contribution and non-marginality.
• Business Plan: A comprehensive, multi-year (e.g., five-year) business plan is essential. This document must include market analysis, operational goals, staffing timelines, and financial projections that convincingly forecast growth and profitability beyond a minimal income.
• Operational Proof: Evidence such as signed commercial leases for office or retail space, utility contracts, supply chain agreements, and initial marketing materials helps substantiate the active existence of the business in New York.

The principal applicant for the E-2 investor visa must be coming to the U.S. to "develop and direct" the enterprise. This mandates a supervisory, executive, or managerial function, where the investor controls the policy and operation of the company. The investor's primary duties should involve high-level policy formulation and management, not performing the tasks of an ordinary employee. The investor must also hold at least 50% ownership or operational control through a senior executive role or corporate structure.

The E-2 investor visa provides distinct advantages regarding duration and family inclusion:

• Duration and Renewal: The initial period of authorized stay is typically two years upon entry. Crucially, the status can be renewed indefinitely in two-year increments, provided the New York business maintains all initial qualifying requirements.
• Family Benefits: The spouse and unmarried children under the age of 21 can obtain derivative E-2 status. Spouses are eligible to apply for an Employment Authorization Document (EAD), allowing them to seek work with any employer in the U.S.
• Transition Planning: While not a direct path to permanent residence, the E-2 status provides the stability necessary to explore and prepare for immigrant options, such as scaling the business for the EB-5 program or qualifying for an EB-1C Multinational Executive Green Card.

Navigating the E-2 application's complexities, particularly establishing "substantiality" and "non-marginality," often benefits significantly from specialized guidance. Immigration professionals can assist in properly structuring the investment, compiling the necessary financial and business evidence, and ensuring the application narrative clearly addresses all statutory requirements, thereby streamlining the process and minimizing potential delays.