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E2 Visa

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e2 visa

E2 Treaty Investor

The E2 Visa requirements are for a Non-Immigrant Visa for Investors and Entrepreneurs who want to Start, Acquire, or Invest in a Business in the USA.

The Investor Visa is designed for aliens who wish to make a business investment in the United States (US). An example of such investment can be purchasing or opening a business in the US. Visas are normally issued for five years with an option to extend it indefinitely, for two years at a time, as long as the company is still in business and all the above requirements are met.

The alien may pursue a e2 visa green card application in any other category. The alien’s spouse and unmarried children under 21 years will be entitled to derivative status, and the alien’s spouse will be issued a work authorization card (can work for any employer).

Requirements & Benefits of E2 Investor Visa

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There are seven main criteria’s for obtaining an E-2 Principal Investor visa (status):

Eligibility Criteria

A treaty trader or employee may only work in the activity for which he or she was approved at the time the classification was granted.  An E-1 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:

1. Treaty Country:
The applicant must be a citizen of a country that has a relevant treaty with the United States.
2. Ownership:
The applicant must own at least 50% of the US business.
3. Develop and Direct:
The applicant must develop and direct the business (at least during its initial stage, until managers/supervisors have been hired) and demonstrate that he controls the enterprise.
4. Substantial Investment:
The applicant must have made a substantial investment or is actively in the process of investing in the US business (and show evidence of that investment before applying for the visa). There’s no legal minimum, but the applicant must be putting his capital or assets at risk, irrevocably committed to the business in USA, and the amount must be substantial relative to the type of business.
You will need to provide:
i. Business Plan: A detailed breakdown, or spreadsheet, of all funds invested into the U.S. venture.
ii. Proof of Investment. For example: Signed, dated, valid lease for business premises, including evidence of payments; Evidence of equipment and/or inventory purchases; Evidence of intellectual property or other intangibles invested; and Evidence of any other funds spent to acquire and set up the business;
iii. Evidence of how the funds invested into the U.S. venture were acquired in the form of documentation of the original source of the funds (sale of property, inheritance, loans, gift, earnings, sale of business, etc.) and evidence that the funds have been moved to the United States.
5. Real and Operating:
The US company must be actively engaged in commercial, for-profit activities and meet the applicable legal requirements for doing business in its state or region.
6. Marginality:
The US business must be more than just a marginal enterprise. The new business cannot be merely a means to support the investor. The underlying goal of the treaty investor visa is to create jobs for US workers.
7. Intent to Depart:
The applicant must intend to leave the US when his or her business in the US is completed, although the person is not required to maintain a foreign residence abroad. A statement of intent to depart will suffice.
E-2 Treaty Investors

Family of E-2 Treaty Investors and Employees

Treaty investors and employees may be accompanied or followed by their spouses and unmarried children under 21 years of age. Their nationalities do not need to be the same as the treaty investor or employee. These family members may apply for E2 visa spouse or E2 spouse visa dependent classification, and if approved, they are generally granted the same period of stay as the principal employee or investor.

In most cases, E2 visa spouse work authorization can be requested separately by the spouse of an E-2 investor through a dedicated application process with the required fee. Once approved, there are no specific restrictions on where the visa E2 spouse is allowed to work in the United States.

There are 3 different ways where you can own a business in USA and qualify for an E2 visa.

Business Investment Category

Buying an Existing Business

Under the E2 visa requirements, one of the most common and practical options is purchasing an existing business in the United States. This can be either an independent business or a franchise that already has an established customer base, revenue history, and operational structure. For investors, this route reduces startup uncertainty because the business is already running. However, proper due diligence is essential to verify financial records, business performance, and compliance with E2 visa investment amount expectations. This option is widely used in an E2 visa business for sale scenario, where investors acquire a ready-made business that qualifies under the E2 investor visa guidelines.

Open a New Standalone Business

Another popular pathway under the E2 visa business plan is starting a completely new standalone business in the USA. This option is ideal for entrepreneurs who have a strong idea, skills, and the ability to execute a business from scratch. In this model, investors build their own brand, operations, and market presence. The investment must be substantial and clearly “at risk” as required under the E2 visa application process. This route is often chosen by applicants who meet E2 visa qualified criteria and want full control over business growth, scalability, and future returns.

Open A New Franchise Business

The E2 visa franchise route is considered one of the safest and most structured investment options for treaty investors. Franchises in the USA come with proven business models, training systems, and established brand recognition. Many low to medium-cost franchise opportunities align with E2 visa investment requirements, making them attractive for foreign investors looking for reduced risk. However, like all E2 visa business models, a significant portion of the investment must be actively committed and “at risk” to qualify under E2 visa requirements. In case of visa denial, the invested capital may not be fully recoverable.
E2 business visa

Nature of Business

Selecting the nature of business is a decision which the investor has to take very carefully. There can be various factors which can help to decide which business is most suitable for an investor to start;

Investment amount is absolutely depending on the nature of business. Officially there is no minimum amount required by govt. In general, if you choose to start any services business it can be around $80,000 – $100,000 and for any Retails or Consumer Businesses it must be around $150,000.00 or more.

Individual or Business Investment

There are 2 ways to make an E2 investment:
1. You can make the investment yourself as an individual
2. Your foreign business can make the investment

If you make the investment as an individual:

You are the E2 investor Your country of citizenship will determine your nationality

If your foreign business makes the investment:

The foreign business is the E2 investor
The individual owners of the business will determine the nationality of the business
The foreign business must be at least 50% owned by nationals of the treaty country.

US e2 visa business plan service must be a “bona-fide” enterprise

The business you invest in must be an active and for-profit business.
A passive investment will not qualify. You cannot invest in a piece of residential real-estate or a stock portfolio.
The business should be engaged in some kind of entrepreneurial activity such as selling a product or providing a service, for profit.

e2 visa business plan service
E2 visa for business

Your investment is at-risk and is irrevocably committed to the E2 business

To get an E2 visa, your investment must be “irrevocably committed” to the E2 business and must also be “at-risk.”

For this requirement, we will break it down into 4 parts:

  1. Investment
  2. Possession and control
  3. At-risk
  4. irrevocably committed

Investment

For an E2 visa, you must make an actual investment.

This means you must put capital at risk for the purpose of generating a profit.

Possession and Control

Investment At-risk

The investment funds must be subject to total loss.

There can be no guarantee that you will get any portion of your investment funds back.

Investment Irrevocably Committed

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