Elementa Law

Catalog · Business & Investment

E-2 Treaty Investor

For investors from treaty countries who invest in a U.S. enterprise.

About this visa

E-2 classification lets an eligible treaty-country national develop and direct a qualifying U.S. business after investing, or actively committing, a substantial amount of capital. The enterprise must be real and operating or ready to operate, and the investment must meet the applicable at-risk requirements.

This route suits founders and business owners actively building or acquiring a U.S. enterprise. Eligibility depends on treaty nationality, ownership or control, the investment's substantiality, and the business's ability to meet the nonmarginality standard. E-2 is a temporary classification and does not independently provide permanent residence.

What's included

  • ◆Attorney review of treaty nationality and business ownership.
  • ◆Assessment of the investment structure and committed capital.
  • ◆Source and movement of funds documentation guidance.
  • ◆Immigration review of the business plan and operating evidence.
  • ◆Preparation of the agreed consular package or USCIS filing.
  • ◆Interview preparation or receipt tracking for the selected route.

The path

1 · Define
Assess treaty nationality, control and the qualifying investment.
2 · Build
Prepare the investment record, business evidence and application package.
3 · File & track
Support consular submission or file with USCIS and track the selected route.

Timing and features

No single statutory minimum investment applies to every E-2 business; the appropriate amount depends on the enterprise and the legal standard.