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E-2 visa
Strategic Investment Immigration Support
E-2 visa is a non-immigrant classification allowing foreign nationals from treaty countries to enter and work in the United States based on substantial investment in a U.S. enterprise. For entrepreneurs, executives, or investors seeking long-term operations in the U.S., this visa offers an effective route — but also includes strict eligibility, documentation, and compliance requirements.
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1. E-2 Visa Eligibility Requirements and Key Conditions
To qualify for an E-2 visa, the investor must be a citizen of a treaty country, invest a substantial amount in a real and operating U.S. business, and come to the U.S. to develop and direct that business. The investment must be at risk and committed, and the business must generate more than marginal income.
E-2 Visa Treaty Countries and Nationality Criteria
Only nationals of countries that maintain a treaty of commerce and navigation with the U.S. are eligible. Dual nationals must apply under the nationality of the treaty country.
Substantial Investment and Source of Funds
“Substantial” investment is not strictly defined but is measured in proportion to the cost of the business. The funds must be the investor’s own and lawfully obtained.
2. E-2 Visa Application Process and Strategic Considerations
The E-2 visa application requires submitting Form DS-160, a comprehensive business plan, proof of investment, source of funds, and organizational documents. Processing may vary by U.S. consulate and requires preparation for a visa interview.
Timing and Renewal of E-2 Visa
E-2 visas are generally issued for up to 2 years but can be renewed indefinitely as long as the business remains operational and meets the visa requirements.
Dependents and Employee Sponsorship
E-2 visa holders may bring spouses and children under 21. Spouses may apply for work authorization. Certain key employees may also qualify for E-2 visas.
3. E-2 Visa Challenges and How Attorneys Can Help
Applicants often struggle with the burden of proving the legitimacy of their investment, presenting a viable business plan, or responding to requests for additional evidence. Visa denials can stem from documentation gaps or misrepresentations. An experienced immigration attorney can prepare robust documentation, anticipate consular concerns, and guide through every stage.
Risks of Marginal Enterprises and Passive Investments
U.S. immigration law prohibits passive investments and discourages marginal businesses that only support the investor’s basic needs. Legal counsel helps craft a compliant business model that shows growth potential and job creation.
Consular Interviews and Rebuttals
Interview preparation is crucial. Legal counsel ensures the applicant is ready to explain their investment, intent, and business plan clearly. If a denial occurs, attorneys can help prepare a rebuttal or a reapplication strategy.
4. Why Choose SJKP LLP for Your E-2 Visa Application
At SJKP LLP, we understand the complexities of the E-2 visa and the real-world concerns of business-driven immigrants. Whether you’re investing in a startup, franchise, or existing enterprise, we provide comprehensive support — from legal structuring to immigration compliance.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
