The E2 visa is a non-immigrant visa for investors, entrepreneurs, and individuals who wish to operate a business in the United States. With an E2 visa, you can start a business in the US or invest and work in a business in the US.
To obtain an E2 visa, you must invest a substantial amount of capital in a US business, manage, and grow that business. You can either start a new business or invest in an existing business to qualify for an E2 visa.
The E2 visa is only available to individuals from certain countries that have an E2 agreement with the United States, such as Argentina, Australia, Bangladesh, Bolivia, Canada, Chile, Colombia, Denmark, France, Germany, Israel, Italy, Japan, Mexico, Mongolia, Norway, Spain, Sweden, Turkey, the United Kingdom, and other countries.
There is no limit to the number of times the E2 visa can be renewed. Therefore, as long as the E2 company continues to operate and meets the E2 visa requirements, the E2 visa holder can renew their visa and live and work in the United States.
The visa holder’s spouse and dependent children (who must be unmarried and under 21 years of age) may also accompany them on a dependent visa. The spouse can apply for an Employment Authorization Document (EAD), which also allows them to work in the United States.
It is a U.S. non-immigrant investor visa that allows nationals of treaty-countries to enter the United States to develop and direct a business in which they have invested a substantial amount of capital.
Applicants must be citizens of a country that has a treaty of commerce and navigation with the U.S., as only nationals of such “treaty countries” qualify.
The investment must be: (1) substantial relative to the cost of the enterprise, (2) at risk and committed to the business, and (3) in a bona fide enterprise that is real, active and capable of generating more than a minimal living for the investor and family.
There is no fixed dollar amount — rather the investment must meet a proportionality test (investment size relative to total cost of business) and be significant enough to support the business’s success.
Advantages include: the ability to live and work in the U.S. while owning/operating the business, bringing spouse and children (under 21), spouse work authorization, possibility of indefinite renewals as long as business remains eligible, and flexibility in business type.
No — the E-2 visa is a non-immigrant classification and does not itself provide a direct path to a Green Card, although holders may later pursue other immigration routes.
Risks include: investing too little or in a marginal business (one that cannot support the investor-family or create jobs), inability to clearly document source of funds or risk of investment, choosing a business that is passive rather than active, and being from a country not on the treaty list.
