What is the U.S. E-2 Treaty Investor Visa ?
The E-2 Treaty Investor Visa is a non-immigrant visa that allows entrepreneurs, business owners, and investors from treaty countries to enter and operate a business in the United States. It is an excellent option for foreign nationals who wish to invest in and actively manage a U.S. business.
At Sahin Legal Consultancy, we specialize in E-2 visa applications, guiding investors through the legal, financial, and procedural requirements to ensure a smooth and successful application.
Who is Eligible for the E-2 Visa?
To qualify for an E-2 Treaty Investor Visa, applicants must meet the following conditions:
✅ Nationality – The applicant must be a citizen of a country that has an E-2 treaty with the U.S. (e.g., UK, Turkey, Canada, Germany, Japan).
✅ Investment – The applicant must make a substantial investment in a new or existing U.S. business.
✅ Business Ownership – The applicant must own at least 50% of the business or have significant operational control.
✅ Job Creation – The business must create jobs for U.S. workers and not just serve as a means of self-employment.
✅ Active Management – The applicant must be actively involved in running the business (passive investments like real estate do not qualify).
✅ Intent to Depart – The applicant must intend to leave the U.S. once their E-2 status ends.
What Qualifies as a “Substantial Investment”?
📌 The U.S. government does not set a minimum investment amount, but it must be significant enough to ensure the business’s success.
📌 A general rule of thumb is at least $100,000+, but smaller investments may be accepted if they can sustain the business.
📌 The investment must be at risk, meaning funds are already committed to the business (not just sitting in a bank account).
Step-by-Step Guide to Applying for an E-2 Visa
Step 1: Confirm Eligibility & Business Investment
- Ensure that your country qualifies for the E-2 visa.
- Identify a suitable business to invest in or establish.
Step 2: Prepare Required Documents
- Valid passport (for the principal applicant and dependents).
- Proof of investment (bank statements, purchase agreements, business incorporation documents).
- Business plan (including financial projections and job creation plans).
- Ownership proof (articles of incorporation, share certificates).
- Evidence of business viability (market research, contracts, lease agreements).
Step 3: Complete and Submit Form DS-160
- Fill out the DS-160 Online Nonimmigrant Visa Application.
- Print the confirmation page with the barcode.
Step 4: Pay the Visa Application Fee
- The E-2 visa fee is $315 (as of 2024).
Step 5: Submit the E-2 Visa Petition (Form I-129, If Applying from the U.S.)
- If applying from within the U.S., file Form I-129 (Petition for Nonimmigrant Worker) with USCIS.
- If applying from outside the U.S., attend a visa interview at the U.S. Embassy/Consulate in your home country.
Step 6: Attend the Visa Interview
- Book an appointment at the nearest U.S. Embassy or Consulate.
- Provide supporting documents and demonstrate that your business is legitimate and operational.
- Answer questions about your investment, business operations, and long-term goals.
Step 7: Receive the E-2 Visa and Travel to the U.S.
- If approved, your visa will be stamped in your passport.
- The E-2 visa is typically granted for 2-5 years, with indefinite renewals as long as the business remains active.
Advantages of the E-2 Visa
✔️ No Minimum Investment Requirement – The investment just needs to be "substantial."
✔️ Unlimited Renewals – As long as the business is active and profitable, the visa can be renewed.
✔️ Spouse Work Authorization – E-2 visa holders' spouses can work legally in the U.S. (via Employment Authorization Document - EAD).
✔️ Children Can Study – Dependent children can attend U.S. schools and universities but cannot work.
✔️ Faster Processing – E-2 visas are often processed more quickly than other investor visas like the EB-5.
Common Challenges & How to Overcome Them
❌ Investment Not "Substantial" Enough
Solution: Ensure your investment is at risk and irrevocable, and provide a detailed business plan.
❌ Business is Too Passive
Solution: Choose an active business model (e.g., a retail store, restaurant, tech company).
❌ Lack of Job Creation
Solution: Your business should demonstrate potential job creation for U.S. workers.
❌ E-2 Visa Denied Due to Weak Business Plan
Solution: Work with a professional immigration attorney to craft a strong business case.
FAQs About the E-2 Treaty Investor Visa
Q1: Can I bring my family on an E-2 visa?
- Yes, spouses and unmarried children under 21 can accompany you.
- Spouses can work, but children cannot unless they obtain their own visa.
Q2: How long can I stay in the U.S. on an E-2 visa?
- The E-2 visa is typically granted for 2-5 years and can be renewed indefinitely as long as the business remains active.
Q3: Can I transition from an E-2 visa to a Green Card?
- The E-2 visa is non-immigrant, but you may be eligible for a Green Card through:
- EB-5 Immigrant Investor Program (if you invest at least $800,000).
- Employment-based sponsorship (EB-2, EB-3, etc.).
- Marriage to a U.S. citizen.
Q4: What happens if my business fails?
- If the business shuts down, your E-2 status ends, and you must leave the U.S. or switch to another visa.
Q5: Can I switch from an E-2 to another visa type?
- Yes, you may apply for H-1B, L-1, or EB-5 visas if eligible.
Why Choose Sahin Legal Consultancy for Your E-2 Visa Application?
✅ Expert Legal Advice – We ensure your investment meets E-2 visa requirements.
✅ Comprehensive Document Preparation – Assistance with business plans, investment proof, and legal filings.
✅ Visa Interview Coaching – Strong preparation for your U.S. Consulate interview.
✅ Ongoing Support – We assist with renewals, legal compliance, and visa transitions.
📞 Call us today to start your E-2 visa process!
📍 Based in London – Helping global investors establish U.S. businesses.
