E-2 visa

To qualify, an applicant must:

• - Be a citizen of a treaty country with which the U.S. maintains a commerce and navigation treaty.

- Invest a substantial amount of capital in a bona fide U.S. enterprise.

- Enter the U.S. solely to develop and direct that enterprise.

Investments can include start-ups, franchises, or acquisitions of existing businesses.
Our attorneys help determine the optimal structure—corporation, LLC, or partnership—to meet both immigration and commercial requirements.

There is no fixed dollar minimum under E-2 regulations.
USCIS evaluates “substantiality” relative to the total cost of purchasing or establishing the business.
Generally, investments range between $100,000 and $300,000, but smaller investments may qualify if they represent a significant commitment and demonstrate economic impact.

Only citizens of designated treaty nations qualify.
If you hold dual citizenship or come from a non-treaty country, we advise on lawful pathways to eligibility such as acquiring citizenship through a treaty country or restructuring business ownership.

E-2 investors can establish new ventures or purchase existing companies.
Start-ups require a comprehensive business plan detailing operations, hiring goals, and financial projections.
Acquisitions must include proof of purchase and documentation that the investor has assumed control.

The investment must be “at risk,” meaning it is irrevocably committed to the enterprise before the visa is issued.
While job creation is not formally required (unlike the EB-5 program), evidence of economic contribution—such as employing U.S. workers or generating revenue—is critical for approval.

We help clients prepare all essential filings, including:

• - Incorporation documents and business licenses

- Lease agreements and bank statements

- Proof of fund transfers and investment risk

- Detailed five-year business plans compliant with Matter of Walsh & Pollard standards

Before applying, the investor must place funds in escrow or commit them to the business.
SJKP LLP guides clients in structuring transactions, drafting investment agreements, and ensuring all funds are legally sourced and traceable.

Applicants outside the U.S. apply directly through the U.S. Embassy or Consulate in their country, submitting Form DS-160 and supporting evidence.
Those already in the U.S. may file Form I-129 with USCIS to change or extend status.
Our attorneys manage every stage—from petition assembly to interview preparation—to maximize approval prospects.

Once approved, the investor receives a visa valid for up to five years, depending on reciprocity agreements with their country.
Each entry into the U.S. grants two years of authorized stay, renewable indefinitely as long as the business continues operating successfully.

The enterprise must demonstrate consistent activity, revenue generation, and contribution to the U.S. economy.
We help clients prepare renewal packages, including financial statements, tax returns, and payroll records that prove sustained viability.

If ownership structure or citizenship changes, investors must update their filings.
Our attorneys ensure compliance with 8 CFR §214.2(e) to prevent status violations or denials at renewal.

The E-2 is a non-immigrant visa, but successful investors often wish to transition to a green card.
SJKP LLP advises on options such as EB-5 investment, EB-1C multinational executive petitions, or family-based sponsorship, building long-term immigration strategies.

Spouses of E-2 visa holders may apply for unrestricted work authorization in the U.S., while unmarried children under 21 may attend school without additional visas.
We assist in preparing derivative visa applications and maintaining lawful family status.

An E-2 enterprise may also sponsor employees of the same nationality who hold executive, managerial, or essential skills roles.
This allows the investor to bring trusted personnel to help launch or manage the U.S. business efficiently.

Because the E-2 does not automatically lead to a green card, families often need longer-term planning.
We guide clients through student visa transitions (F-1), spousal status adjustments, or EB-5 options when appropriate.

Investors must prove that their funds were obtained lawfully.
We help document transfers, prepare affidavits, and resolve issues related to international banking, currency controls, or joint ownership of assets.

Entering the U.S. as an investor has tax implications.
We collaborate with tax professionals to address federal, state, and international obligations—avoiding double taxation and optimizing treaty benefits.

Many E-2 applications fail due to undercapitalization, weak business plans, or incomplete documentation.
Our attorneys anticipate and prevent these problems, ensuring that the enterprise meets all evidentiary standards before submission.

There is no fixed minimum, but the amount must be substantial relative to the cost of the business—enough to ensure successful operation and demonstrate commitment.

No.

E-2 holders may only work for the enterprise that serves as the basis for their visa, though ownership of multiple qualifying entities is possible with proper authorization.

Indirectly, yes.

While the E-2 itself is non-immigrant, investors can transition through EB-5 or EB-1C categories if they expand operations and meet the relevant criteria.

Yes.
Franchises can qualify if the investor maintains operational control and invests sufficient capital to sustain growth.