E-2
E-2 allows certain investors to develop and direct a business in the United States. Nationality is an essential requirement: the applicant must qualify under an applicable treaty. The assessment also considers the company’s nationality and structure.
Nationality of a treaty country
Countries with E-2 access include Argentina, Australia, Bangladesh, Canada, Chile, Colombia, Denmark, France, Germany, Israel, Italy, Japan, Mexico, Mongolia, Norway, Portugal, Spain, Sweden, Turkey and the United Kingdom, subject to country-specific conditions. Consult the official list to check the treaty and its notes. Bolivia has restrictions resulting from treaty termination and should not be treated as a general option for new investments.
Substantial investment in a real business
Capital must be committed to a real, operating enterprise. The investment must be substantial relative to the business, and its source must be demonstrated. Buying a passive asset alone does not amount to developing and directing an eligible business.
Starting, acquiring and directing a company
You may start a business or invest in an existing company. The investor must develop and direct operations, demonstrating control and ownership consistent with E-2 rules. The business plan, ownership structure, expenses, source of funds and viability form part of preparation. The business cannot be merely marginal: it must demonstrate economic capacity beyond providing a minimal living for the investor and family, or a significant economic contribution.
Renewals and temporary stay
There is no general maximum number of renewals while requirements remain satisfied, but each application is assessed and is not automatic. The business must remain eligible, and the investor must maintain the intent to leave the United States when status ends. Visa validity is not the same as the authorized period of stay recorded on Form I-94. E-2 does not grant a Green Card or automatically become permanent residence.
Spouse, children and work authorization
A spouse and unmarried children under 21 may accompany the principal as eligible dependents. A spouse in valid E-2S status is employment authorized incident to that status, with appropriate documentation; an EAD may be requested but is not necessarily the only means of proof. Children do not receive work authorization merely by being E-2 dependents. Family members must monitor their own documents and authorized stays.
Preparing your next step
Start with nationality and the business structure. Then organize the investment plan, the source and commitment of capital, and evidence that you will develop and direct the company. Visa applications follow the responsible consulate’s instructions; eligible applicants already in the United States may consider a change or extension of status. Approval of status in the United States is not the issuance of a visa for future travel.
How we can help
01 · Understand
Your history and goals guide the initial assessment and identification of relevant issues.
02 · Organize
The team identifies the information and evidence needed and explains the scope of the proposed work.
03 · Follow through
You receive guidance on the stages of our services and next steps, according to the agreed scope.
Frequently asked questions
Is there a fixed amount that guarantees E-2?
No amount alone guarantees approval. Substantiality is assessed in relation to the business and the category’s other requirements.
What is the E-2 visa?
It is a nonimmigrant category for eligible investors developing and directing a U.S. business. It requires nationality covered by an applicable treaty and a substantial investment meeting the rules.
Can I start a new business or buy an existing one?
Yes. Both options may be assessed if the enterprise is eligible, the investment is committed and you demonstrate the ability and control to develop and direct operations.
How do I know whether my nationality allows E-2?
Check the official list of E-2 treaty countries and their specific conditions. Nationality and ownership structure must be assessed together; residence in a treaty country does not replace the nationality requirement.
Can I renew E-2 multiple times?
Yes, there is no general renewal limit as long as requirements remain satisfied. Each application is assessed; keeping the company open alone does not guarantee approval.
Can my family accompany me and can my spouse work?
A spouse and unmarried children under 21 may apply for derivative classification. A spouse in valid E-2S status may work with appropriate proof of status; children do not have that work right solely as dependents.
Does E-2 grant permanent residence?
No. E-2 is temporary and does not automatically grant a Green Card. Any permanent immigration strategy requires qualification in another category and a separate assessment.
What is the first step to apply?
Verify eligible nationality, assess the business and prepare evidence of the investment, source of capital and your directing role. An initial consultation helps identify what must be documented before applying.
I am Brazilian. Can I apply for E-2?
Brazilian nationality alone does not meet the E-2 treaty requirement. A person who also holds nationality of a country with an applicable treaty may be assessed on that basis, subject to the specific conditions and the other investment and business requirements. Living in a treaty country does not replace the required nationality.
Do I need to send documents when I first get in touch?
The team will explain which information is needed and the appropriate channel for sending private documents.
Can approval or a timeline be guaranteed?
No. Government decisions and processing times depend on the authorities and the circumstances of each case.
Information in context
Informational content. Eligibility, documentation and strategy depend on individual assessment and the rules applicable to the case.
Official reference ↗