FAQs About Treaty Investor Visa

1. Decide the nature of business to start or acquire.
2. Share basic personal and financial documents for initial evaluation.
3. Sign our service agreement and pay the initial service fee.
4. Company & Tax registration and bank account opening.
5. Transfer the investment amount into your US business bank account. 6. Business setup/acquisition.
7. Connect with the seller or franchisor to start the business bargain in case of the existing business or franchise or start the registration process of the business with the help of the consultant.
8. Do thorough market research and prepare a detailed and extensive business plan.
9. Engagement and Appointment of Immigration Attorney
10. Visa application preparation and submission.
11. Attend a business interview in the US embassy.
12. Be ready for the RFE (request for evidence).
13. Visa issued.
14. Travel to the USA to manage your business.

The US does not quote an exact amount in terms of required investment for the approval of an E2 investor visa. They use the term “substantial amount” for the investment amount. The term "substantial" is a critical factor for prospective E2 visa investors and often invites scrutiny. This requirement underscores the necessity of proving that your investment is sufficiently significant. to sustain a viable business operation. To meet this criterion, your investment must transcend mere tokenism; it should clearly demonstrate both your commitment and intent. A substantial financial contribution signals that you are earnestly dedicated to managing and growing the enterprise within the U.S. The definition of a substantial investment is fluid, depending on the nature of your business. For example, launching a restaurant typically demands a greater initial capital outlay compared to establishing an online consulting service. Moreover, it is imperative to assess how this financial input will directly enhance your business operations and align with your growth strategies. The overarching objective is to ensure that your investment fosters an economically sustainable venture, well-positioned to thrive in its respective market.

You might be wondering if you need a certain level of education or have to take any language tests to enter the US. The great news is that neither of these is required. The E2 visa doesn't care about your educational background or whether you’ve passed a language test. What really matters is the investment you're making and your ability to successfully run a business in the U.S. The main focus is on whether your investment is substantial enough to support the business and contribute to the U.S. economy. Your role as an investor is to create jobs for U.S. workers and help your business grow. The E2 visa is all about welcoming investors who have the funds and the drive to succeed in the U.S., no matter their education or language skills. This makes the E2 visa a great option.

Your spouse and kids can definitely travel with you on an E-2 investor visa. In fact, one of the great benefits of the E-2 visa is that it allows your spouse and unmarried children under 21 years old to come along with you to the United States. Not only can they travel with you, but your spouse is also eligible to apply for work authorization once you’re in the U.S. This means they can work for any employer or even start their own business. Your kids can attend school in the U.S., and they don’t need a separate student visa. They can enroll in public or private schools, and when they’re ready for college, they have the same opportunities as other international students. While you focus on running and growing your business, your spouse has the freedom to work, and your children can get a quality education. The E-2 visa not only gives you a chance to build a business in the U.S. but also provides your family with opportunities to thrive alongside you.

Investment must be in an active business, and a major portion of the whole investment budget must be executed at a potential risk.

We, as business consultants and your representatives, can negotiate with the seller or create a new business from scratch on your behalf by having a power of attorney (PoA).

As you start the adventure, understanding the requirements and processes is essential. Navigating regulations, selecting your industry, and securing funds—each step brings you closer to establishing your presence in one of the largest markets worldwide. With determination and careful planning, you'll not only set up a business in the USA but also create opportunities for growth and success that could last a lifetime. Qualifying business for an E2 investor visa must be a real, active enterprise, one that engages in commercial activities and provides employment to US citizens. This isn’t about passive investments; you're looking at something that generates income and contributes to the economy. The investment should be substantial relative to the total cost of purchasing or establishing your business. Generally, this means investing enough capital to ensure the success of your business in the US. It's also essential that your business is not marginal. It shouldn't just support you; it needs the potential to hire U.S. workers and create economic growth within its community. Considerations also include whether the industry aligns with your skills and experience while meeting E2 requirements for sustainability and profitability from day one.

Starting a new business gives you the freedom to build something from the ground up. You can create a company that aligns perfectly with your vision and goals. However, it might take more time and effort to get things running smoothly, and there’s always the challenge of building a customer base from scratch. On the other hand, buying an existing business can offer a quicker path to success. You’re stepping into a business that’s already operational with customers, revenue, and sometimes even a recognized brand. This can make it easier to meet the visa requirements since you’re showing an immediate contribution to the U.S. economy. It might reduce some of the risks involved with starting a new venture. Both options can lead to a successful E-2 visa application. It’s all about what fits best with your experience, risk tolerance, and long-term goals in the U.S.

Buying a franchise means you’re investing in a proven business model. The brand is already established, and there’s often a clear plan for running the business, which can reduce some of the risks that come with starting a business from scratch. Franchise owners also get support from the franchisor, including training, marketing, and operational assistance. This support can be incredibly valuable, especially if you’re new to running a business in the U.S. Another big advantage is that franchises often have a track record of success, which can make it easier to demonstrate to immigration authorities that your investment will contribute to the U.S. economy. The established customer base and brand recognition can help your business grow faster, which is a key factor for the E-2 visa. Buying a franchise can be a smart and strategic way to meet the E-2 visa requirements while tapping into a business model with built-in support and growth potential.

There are normally 2 ways of making the seller payment:
1. If the seller only needs a cash payment (via Bank Transfer), then you must make the necessary transfer from your personal or business bank account through the official banking channel.
2. If the seller agrees, then you can make the payment through an escrow account (third party bank guarantee) with a condition of visa approval.

Other than your business capital investment, there will be the below expenses for your E2 visa application.
1. Consultant Fee
2. Attorney Fee
3. Business & Tax Registration
4. Business Plan and Financial Feasibility
5. Petition Filing Fee

For E2 visa investors, finding the right path is everything. With limited budgets in mind, it’s essential to look for ventures that promise low overhead while tapping into growing markets. While choosing an industry with growth potential, also consider whether your business is service-oriented or product-based. Each has its own advantages and challenges. A service business could lead to quicker cash flow, while a product-based venture might provide more scalability over time. Think about market demand. Are there gaps that your business can fill? Understanding consumer needs will guide you toward making informed decisions. Ensure that your chosen enterprise aligns with the E2 visa’s stipulations. The key is to find options that not only fit your budget but also meet the necessary requirements. Franchise opportunities often fall into this category, ranging from $50,000 to $100,000. Fast food and service-based franchises are popular choices with proven models and support systems. Online retail stores require minimal overhead costs. Service-oriented businesses like cleaning services or consulting firms can start with as little as $50,000. They rely more on skill than heavy investment in materials or premises. Food trucks represent another viable option under E2 guidelines. Initial investments typically range between $50,000 and $150,000 depending on equipment and permits required.

To know if a business is a good fit for an E-2 visa application, certain factors matter across industries. In the hospitality or food service industry, like owning a restaurant or hotel, the investment must be substantial enough to cover startup costs, including staff, equipment, and location. In retail or e-commerce, having a solid business plan that projects growth, profitability, and job creation for U.S. workers is important. In technology or manufacturing, you’ll need to show that the business is actively operating with equipment, employees, and strong revenue potential. No matter the industry, the business can't be marginal, meaning it should generate more income than just enough to support the investor and their family. Finally, you must own at least 50% of the business and show control over decision-making while ensuring it can positively impact the U.S. economy through profitability or job creation.

You can start a home-based business for an E-2 visa, but there are specific factors to consider. The key requirement is that the business must still meet the visa’s core standards, such as having a substantial investment and the potential to generate more than marginal income. The business should also be a legitimate, active operation, not just a shell or passive investment. While working from home may reduce costs, the business must still show economic viability and ideally create jobs for U.S. workers. A detailed business plan outlining growth, profitability, and job creation will strengthen your E-2 visa case, even for a home-based setup.

You don’t need to hire employees immediately for your E-2 business, but demonstrating the potential to hire U.S. workers in the near future strengthens your application. While the E-2 visa doesn’t have a strict requirement for the number of employees or when to hire them, a business that only supports the investor and their family might be viewed as marginal, which could hurt your chances.

To start a business in the U.S. under the E2 Investor Visa, you don’t need a specific degree or formal business background, but having some experience in your chosen industry definitely helps. The E2 visa is more focused on your ability to make a substantial investment and operate a real, active business that can generate income rather than just your personal qualifications. What you’ll need is a solid business plan that shows your company will be profitable and contribute to the U.S. economy. It’s also important to have enough capital to cover startup costs and operational expenses. Your investment should be at risk, meaning it’s committed to the business, not just sitting in a bank account. While previous business ownership experience isn’t required, having a good understanding of how to manage and grow a company can make the process smoother. You should also be ready to show that you’ll be actively involved in the daily operations and decision-making of the business. Ultimately, the E2 visa is open to entrepreneurs with various backgrounds, as long as you have the financial means and a strong plan.

Yes, you can start a low-budget business for an E2 investor visa, but the investment must be substantial relative to the business type. While there's no set dollar amount, the key is that your investment should be enough to fully fund the business and make it operational. Typically, this means covering startup costs and initial operating expenses until the business can sustain itself. A "marginal" investment won’t qualify, meaning the business must generate enough income to support you and your family or create jobs for U.S. workers. Service-oriented businesses or online businesses with lower overhead might work, but you’ll still need to show the investment is enough to grow the company. Keep in mind, your money must be "at risk," meaning it's already committed to the business before applying. A well-prepared business plan showing profitability and growth is crucial to proving the business’s viability.

Yes, your e-commerce business can be eligible for an E2 investor visa, but you’ll need to meet the same requirements as any other business. The key is that the investment must be substantial enough to make the business operational and profitable. You’ll need to show that your e-commerce business isn’t "marginal," meaning it should generate enough income to support you or create jobs for U.S. workers. While e-commerce typically has lower startup costs compared to traditional businesses, you’ll still need to prove that your investment covers everything necessary for the business to function, like website development, inventory, marketing, and operational expenses.

You can start a business with a partner for the E2 investor visa, and both of you can qualify if certain conditions are met. Each partner must either be from a treaty country and make a substantial investment, or one partner can qualify as the main investor, and the other can come in as an essential employee. If both partners are applying as investors, the investment should be substantial relative to the business and shared between the two of you. You both must show that you're actively involved in running the business. Alternatively, one partner can be the primary investor while the other applies as an executive or essential employee, provided their role is critical to the business's success. In either case, the business must still meet all E2 requirements, including generating enough revenue to support both partners or creating jobs for U.S. workers.

There’s no specific minimum investment for an E2 visa, even for a partnership-based business. However, the investment must be substantial relative to the business type. Both partners must contribute enough to make the business operational and successful. Typically, investments range from $100,000 to $150,000 or more, depending on the industry, but lower investments are also accepted if justified by the business model.

For a partnership, each partner can invest their share, or one partner can be the primary investor while the other applies as an essential employee.

If you're already in the U.S. on a B1/B2 visa, you have two options: apply for a status change to E2 from within the U.S. or leave and apply for an E2 visa at a U.S. embassy in your home country. Changing status within the U.S. allows you to stay without leaving, but it only grants E2 "status," not an actual visa. This means you can legally work and run your business, but if you leave the U.S., you'll need to visit an embassy to get the visa stamped before returning. Applying at an embassy gives you the actual E2 visa in your passport, which allows you to freely enter and exit the U.S. However, embassy wait times and processes vary, and you’ll need to travel for the interview. If you plan to stay in the U.S. for an extended period without leaving, a status change might be easier. But if international travel is important, it’s better to get the visa from an embassy.

Purchasing a franchise can qualify you for an E2 visa. The key is that your investment in the franchise must be enough to make the business operational and profitable. Franchise businesses often meet the E2 visa requirements because they have established systems, brand recognition, and clear investment structures. You’ll need to provide a detailed business plan showing how the franchise will generate enough income to support you and potentially create jobs for U.S. workers. The investment must be “at risk,” meaning it’s committed to the business and not just sitting in a bank account. Also, you need to be actively involved in running the franchise. Franchises with lower initial costs might still work, but the overall investment must cover setup, operations, and growth, and it shouldn’t be considered marginal by the U.S. government.

The success rate of the E2 investor visa is generally high, with approval rates often ranging between 70% and 90% worldwide, depending on the country and specific case details. According to U.S. State Department statistics, approval rates typically hover around 80-85% for most applicants. And our visa approval rate at Startup Business Bureau has been 98℅ since we started the firm. The E2 investor visa is the easiest to qualify for. There is no chance of visa rejection until and unless the client has a previous law violation history or there's any confusion about the authenticity of any documents provided by the applicant.

Approximately 1-3 months, usually depending on where your application is submitted. The attorney will submit your prepared E-2 application package to the U.S. Consulate abroad or to the Immigration Agency within the U.S. There are major differences between applying for your E-2 visa at a U.S. Consulate abroad versus applying with the Immigration Agency within the U.S., which are described later in this book. We will monitor your case progress, liaise up with the immigration attorney, and keep you informed of any developments. We will communicate with the government agency to resolve problems for your case, if necessary.

Factors that influence the E2 Visa success rate
● Quality of the Business Plan
● Legitimacy of the Investment
● Whether the business meets the U.S. requirements for being non-marginal.
● Having all the necessary documents
● Presenting a strong case with all the investment requirements fulfilled

Common mistakes people make while visiting the US.
● Lease a house
● Child Education
● Work activities (either within their own venture or somewhere else)

While visiting the United States with a B-1 Business Visa, ESTA Visa Waiver, or as a visitor, you are not allowed to work in the US. You are not allowed to lease or do child education activities. Doing so is clearly a law violation. And the E2 requirements are pretty strict about being involved in any law violation activities. Once they discover that you have stayed longer than your visit visa stay period or performed any activities mentioned above, your E2 visa application is going to be rejected straight away; hence, you need to be careful about these things.

If you are visiting the U.S. with a B-1 B-2 visa, ESTA visa waiver, or as a visitor, you cannot work anywhere, even within your own business. You are only limited to investment or business set-up activities. You must obtain the actual E2 investor visa, which allows you to actually work within your own business and live in the U.S.

As an investor or entrepreneur in the U.S., you're allowed to engage in networking, attend business meetings, and establish your venture. These activities fall under what’s known as investment and business setup efforts. However, actual work activities typically involve tasks necessary for the ongoing operation of the business, such as overseeing staff, selling goods, or assisting customers. For instance, if you own a business, you wouldn’t be allowed to directly manage your employees, serve customers, or handle the cash register. Performing these tasks is considered active employment, which is not permitted.

Business set-up activities You can perform as a visitor.
● Retain legal counsel.
● Participate in meetings and collaborate with business partners.
● Attend a business convention or industry conference.
● Engage in contract negotiations.
● Set up a business bank account.
● Lease office space
● Recruit American employees
● Acquire a U.S. business as part of the process to qualify for an E-2 visa.

Once your investment and business setup are complete, you’ll submit your E-2 Investor Visa application along with your business plan. Upon approval and stamp/receipt (in case of a status change) of the E-2 Visa, you’ll be authorized to actively manage and work within your business.

The primary applicant (investor) must be thoroughly prepared to answer detailed questions about their business. The consular officer’s goal is to assess the legitimacy, viability, and job-creating potential of the business.

Common interview questions include:
● What is the nature of your business?
● How much have you invested so far?
● What is the source of your investment funds?
● How many employees will you hire?
● What are your projected revenues over the next 5 years?
● What is your role in the business?
● Who are your clients or target market?

Tips for success:
● Know your business plan inside out
● Stay confident and direct in your responses
● Bring all relevant documents in organized, labeled folders
● Be truthful and concise; don’t oversell or exaggerate

Yes, the spouse must attend the visa interview along with the main applicant. However, the spouse is not questioned about the business itself.

Instead, questions may focus on:
● Personal background and marital status
● Educational qualifications
● Previous travel history or visa records
● Relationship to the main applicant
● Plans in the U.S. (e.g., working, studying, caregiving)

No, children under 21 are not interviewed. However, they must be physically present at the consular interview with the main applicant and spouse. Officers may visually confirm their identity but do not question minors, this part of the process is purely procedural.

The E-2 timeline varies depending on your approach and location:

Consular Processing (Outside U.S.):
● Business setup & investment preparation: 30–90 days
● Document compilation & plan creation: 15–30 days
● Embassy appointment scheduling: 2–12 weeks (varies by country and case to case)
● Visa issuance after approval: 5–10 business days

Change of Status (Inside U.S.):
● USCIS Form I-129 processing:3–6 months
● Premium processing (optional): 15 business days

Yes. Every individual applying for a visa, including spouse and children, must file a separate DS-160 form. While the primary applicant’s DS-160 will be used to book the interview appointment, dependent forms must be submitted individually and attached to the same visa case.

The E-2 is a non-immigrant visa, meaning it does not directly lead to a green card. However, many investors use the E-2 as a stepping stone to longer-term U.S. immigration.

Common post-E-2 strategies:
● EB-5 Visa: Make a larger investment ($800K–$1M) and create 10 jobs to pursue permanent residency.
● EB-2 NIW (National Interest Waiver): For business owners making a significant impact in underserved or national interest sectors.
● EB-1C: If you expand globally and meet executive transfer criteria.
● Marriage-based or family-based green card

Yes, it’s possible to do this, but risky. A professional review may identify irreversible mistakes that cannot be fixed at a later stage. For instance, if you have made irrevocable financial commitments or structured your ownership improperly, it could jeopardize your entire application and investment.
So, ask yourself:
What if the reviewer identifies an error that can’t be corrected? Can you afford to risk your visa approval and thousands of dollars in investment?
Pro Tip: Always consult a professional before taking any irrevocable steps like signing leases, transferring funds, or finalizing partnerships

Smoke and vape shops are legally risky. While some E-2 applicants have succeeded with them, many consulates are reluctant due to regulatory concerns. If you choose this path, ensure strict compliance with local laws, zoning regulations, and federal restrictions. It’s not a strong first-choice business for a clean E-2 application.

No, rental real estate, especially passive investments like townhouses, does not qualify for the E-2 visa. USCIS requires an “active” business that involves direct development, direction, and day-to-day engagement. Passive income, like rental properties, doesn’t meet E-2’s operational or marginality standards.

This is a critical distinction. Always ensure your business is showing strong operational profits and growth. If your business appears profitable on paper but tax filings show continuous losses or write-offs, your E-2 renewal may be denied. Plan with your CPA to ensure that tax optimization doesn't backfire at immigration review.

USCIS may accept attorney fees as part of your startup expenses, but only in moderation. If your lawyer charges $10,000 and your total investment is $100,000, that’s reasonable. But if your legal fees are $20,000 on a $50,000 investment, an examiner may argue that not enough was actually invested in building the business.

Consular Processing (from outside the U.S.):
● DS-160 visa fee: $205 per person
● Travel and accommodation for the visa interview
● Consular scheduling wait time: varies by location
● Entire family must attend

Change of Status (within the U.S.):
● Form I-129: $460
● Premium processing (optional): $2,805
● Only the applicant's status changes, not spouse or kids
● May delay family’s ability to join or face complexity in later consular applications

This route is risky. When you change status from within the U.S., your visa is not stamped. Your dependents must apply at the consulate later, and there's no guarantee they will be approved. Many consulates scrutinize such split applications harshly. If family unity is a priority, apply together via consular processing.

Yes. Every applicant, including spouse and children, must submit individual DS-160 forms. Only one appointment will be scheduled for the family, but each form must be completed and submitted independently.

The exact fee changes periodically. For the most accurate, up-to-date numbers, always check the official USCIS fee schedule.

Yes. The spouse of an E-2 visa holder can study part-time or full-time without needing an F-1 student visa.

Yes, the E-2 investor may study part-time. However, your primary purpose must remain the development and direction of your business.

Yes, but only the E-2-approved business will qualify you for your visa. If you own other businesses, they won’t be protected under your E-2 visa. You may need to apply for separate visas or change status depending on how the second business functions.