E2 visa

E-2 Visa eligibility is based on active commercial engagement which means immigration officers evaluate whether the business can genuinely operate and grow under the investor’s direction. 

Unlike immigrant visas the E-2 does not grant permanent residence but it offers renewable status tied to the success of the enterprise. Applicants must demonstrate that they are entering the United States solely to develop and direct the business.

Authorities examine whether the investment is at risk, already committed, and essential to operations. Passive ownership does not qualify. The business must be real, operating, and capable of generating income beyond supporting the investor alone. SJKP LLP ensures that each petition reflects an authentic enterprise rather than a theoretical or speculative plan.

The concept of a substantial investment is evaluated proportionally which means the required amount depends on the nature and cost structure of the specific business. 

There is no fixed minimum dollar threshold. Instead adjudicators assess whether the investment is sufficient to ensure the investor’s commitment and the likelihood of successful operations.

Funds must be lawfully sourced, personally controlled, and placed at commercial risk. Loans secured by the business itself generally do not qualify. Funds held in escrow may be acceptable only if release is contingent solely on visa approval. SJKP LLP helps clients trace funds, document lawful sources, and structure investments to meet evidentiary expectations.

E-2 approval requires proof of control which means the investor must demonstrate the authority to direct business decisions and strategy. 

Majority ownership is common but not always required if operational control is clearly established. Corporate structure, shareholder agreements, and management roles are closely reviewed.

Applicants must show they will actively manage the enterprise rather than merely oversee it remotely. Job descriptions, organizational charts, and operational plans must align with this requirement. SJKP LLP works with clients to design ownership and governance structures that satisfy immigration scrutiny while remaining commercially practical.

An E-2 business must not be marginal which means it must have the present or future capacity to generate significant economic impact beyond the investor’s personal income. 

Immigration officers review financial projections, hiring plans, and growth strategies to determine whether the enterprise contributes meaningfully to the U.S. economy.

Businesses that plan to hire U.S. workers or independent contractors are viewed more favorably. Realistic timelines and market analysis are critical. Overstated projections can undermine credibility. SJKP LLP assists in preparing business plans that balance ambition with practicality.

The E-2 process demands precise documentation which means even strong businesses can face denial due to presentation errors or evidentiary gaps. 

Applications may be filed through U.S. consulates abroad or through change of status within the United States depending on circumstances. Each pathway carries different procedural risks.

Common issues include insufficient fund tracing, incomplete business documentation, unclear control structure, or marginality concerns. Consular discretion plays a significant role. SJKP LLP prepares applications with a litigation ready mindset anticipating questions and addressing weaknesses proactively.

Clients choose SJKP LLP because E-2 Visas require alignment between immigration law and real business execution which means success depends on strategic planning rather than form completion. 

Our attorneys collaborate with clients to understand their commercial goals, investment constraints, and long term plans. We translate business reality into persuasive legal narratives supported by comprehensive evidence.

We guide clients through initial applications, renewals, and dependent family considerations while anticipating future immigration pathways. Our approach prioritizes credibility, compliance, and sustainability. SJKP LLP is committed to helping investors establish and grow their U.S. presence with confidence.