E-2 Visa Lawyer

The E-2 visa is an appealing option for foreign business persons and investors seeking to live in the United States to conduct business operations on a nonimmigrant basis. Our experienced E-2 Visa Lawyers have a stellar record of supporting clients in securing visa approvals.

Read along to learn how an E-2 Visa Lawyer can provide legal support throughout the process, and find useful information about the E-2 Visa.

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What is an E-2 Visa?

The E-2 visa is a nonimmigrant investor visa for people of eligible countries to come to the United States to develop and direct a U.S. business enterprise in which they already have or are actively investing a substantial amount of capital.

Our expert E-2 visa attorneys at VisaNation can guide you through the process of securing an E-2 visa. From assessing eligibility to preparing documentation, we ensure a smooth and successful application.

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What is “Substantial Capital” – E-2 Minimum Investment

For an E-2 visa, individuals must invest substantial capital in a U.S. business. The investment must be significant enough to ensure the successful operation of the business. But what is a “substantial investment?”

While there is no specified minimum investment, official policy in the §214.2 code of federal regulations offers guidance:

  1. The investment should be a significant portion of what it costs to either buy an existing business or develop a new one.
  2. The amount invested should be enough to show that the investor is financially committed to making the business successful.

  3. The investment should be enough to increase the chances that the investor can successfully grow and manage the business. In general, if the business is less expensive, the investment needs to be larger in comparison to be considered “substantial.”

Because the offered guidance may still leave you wondering what qualifies as substantial capital, it’s important to work with a qualified E-2 Visa Lawyer to ensure:

  • You are eligible
  • You can prove this to immigration authorities reviewing your application, with zero room for doubt.

E-2 Validity Period and Extensions

The E-2 Visa has a two-year validity, but can be renewed indefinitely as long as the trade or investment continues to meet the visa requirements.

According to USCIS, E-2 treaty investors and their employees generally receive an automatic two-year period of readmission when returning to the United States after traveling abroad. This does not automatically apply to dependents.

Can I Bring Dependents?

Yes, E-2 visa holders can bring their spouses and unmarried children under 21 years of age as dependents. These dependents can also apply for E-2 visas, which allow them to live in the US while the E-2 principal holder is in the US.

  • Dependent spouses must apply for work authorization (EAD)
  • Dependent children are not eligible for work authorization
  • When children turn 21, they lose their E-2 dependent status. To stay in the U.S., they must obtain another type of visa.

E-2 Investor Visa Eligibility

The E-2 visa isn’t just for anyone who invests. According to section 101(a)(15)(E)(ii) of the § 214.2 act, treaty investors:

  1. Have invested or are actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living
  2. Are seeking entry solely to develop and direct the enterprise; and
  3. Intend to depart the United States upon the expiration or termination of treaty investor (E-2) status.




  1. The investor, either a real or corporate person, must be a national of a treaty country.
  2. The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
  3. The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
  4. The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the U.S.
  5. The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
  6. The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary, skilled, and unskilled workers do not qualify.

E-2 Treaty countries

Additionally, the E-2 visa is only eligible for “treaty countries.” Applicants must be nationals of a country that holds a treaty of trade and commerce with the United States. The regulations state that you must be a national of one of these countries, but you do not necessarily need to be currently living there. If you are unsure whether or not you qualify under this requirement, speak with your E-2 visa attorney.




  • Albania
  • Argentina
  • Armenia
  • Australia
  • Austria
  • Azerbaijan
  • Bahrain
  • Bangladesh
  • Belgium
  • Bolivia
  • Bosnia and Herzegovina
  • Bulgaria
  • Cameroon
  • Canada
  • Chile
  • China (Taiwan)
  • Colombia
  • Congo (Brazzaville)
  • Congo (Kinshasa)
  • Costa Rica
  • Croatia
  • Czech Republic
  • Denmark
  • Ecuador
  • Egypt
  • Estonia
  • Ethiopia
  • Finland
  • France
  • Georgia
  • Germany
  • Grenada
  • Honduras
  • Ireland
  • Israel
  • Italy
  • Jamaica
  • Japan
  • Jordan
  • Kazakhstan
  • Korea (South)
  • Kosovo
  • Kyrgyzstan
  • Latvia
  • Liberia
  • Lithuania
  • Luxembourg
  • Macedonia
  • Mexico
  • Moldova
  • Mongolia
  • Montenegro
  • Morocco
  • Netherlands
  • New Zealand
  • Norway
  • Oman
  • Pakistan
  • Panama
  • Paraguay
  • Philippines
  • Poland
  • Portugal
  • Romania
  • Senegal
  • Serbia
  • Singapore
  • Slovak Republic
  • Slovenia
  • Spain
  • Sri Lanka
  • Suriname
  • Sweden
  • Switzerland
  • Thailand
  • Togo
  • Trinidad & Tobago
  • Tunisia
  • Turkey
  • Ukraine
  • United Kingdom
  • Yugoslavia

You can also see comprehensive list provided by the Department of State.

Employees of E-2 Visa Investors

Employees of E-2 Visa Investors can also work in the United States if they:

  • Share the same nationality as the employer,

  • Come to the U.S. in a managerial/executive role or have specialized skills essential to the business, and

  • Plan to depart when their status ends,

E-2 Visa Required Documentation

For those applying from outside the U.S., applications for E-2 visas are generally submitted at the nearest U.S. Embassy or Consulate. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside your country of permanent residence.




  • Online Nonimmigrant Visa Electronic Application, Form DS-160 or I-129 if applying from within the U.S.
  • Nonimmigrant Treaty Investor Application, Form DS-156E, completed and signed, if you are an Executive/Manager/Essential Employee.
  • A passport valid for travel to the U.S. and with a validity date at least six months beyond the applicant's intended period of stay in the U.S. If more than one person is included in the passport, each person must complete a Form DS-160 application.
  • One (1) 2x2 photograph.





An applicant for a Treaty Trader visa must first establish that the trading enterprise or investment enterprise meets the requirements of the law and complies with the many requirements for the E visa classification. The consular officer may provide the applicant with special forms for this purpose.

The applicant can expect the consular officer to request additional documentation to decide on the eligibility for a treaty investor visa. It is impossible to specify the exact documentation required since circumstances vary greatly from one applicant to the other.

VisaNation’s experienced lawyers handle the complexities of your E-1 or E-2 visa application. We specialize in providing comprehensive support to ensure all required documents are correctly submitted.

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The E-2 Visa Application Process

Our immigration attorneys can help with every step of the E-2 Visa process:

Step One: Invest Substantial Capital

  • You must have invested or be actively in the process of investing before you file your E‑2 petition.
  • That means funds should already be fully committed.

In this step, our immigration lawyers provide exact guidance:

  • How to demonstrate substantial capital
  • How to showcase to USCIS that your funds are committed. Simply having funds in a bank account is not sufficient.

Step Two: Prepare Documentation

Prepare all documentation, such as:

  •  Passport valid for travel to the U.S. and with a validity date at least six months beyond the applicant’s intended period of stay in the U.S
  • 2×2 photograph meeting guidelines
  • Proof of investment
  • Business Plan
  • Ownership/Control
  • CV and documents outlining your duties, job description, and position in an organization

The preparation phase is arguably the most important step to have an immigration lawyer well-versed in the E-2 Visa process. Our lawyers can help ensure your business plan and other documents are “bullet-proof,” ensuring a successful outcome when it comes to the application.

Step Three: File DS-160 or I-129

When you apply for the E-2 Visa, you will either file:

  • Form DS-160 if you are applying from outside the United States
    • This involves going through NVC consular processing, which includes an interview at a consulate.
  • Form I-129 if you are applying from within the United States on a lawful nonimmigrant status.

If the USCIS requires further information, the agency sends a request for evidence (RFE). In the case this happens, the USCIS will provide information on:

  • Documentation that was missing from your initial application, which prevented them from making a decision on your application
  • The deadline by which you must submit the requested evidence
  • How and where to send your response.

The E-2 Visa application requires strict attention to detail. Any missing information can lead to RFEs or denial. In the case of an RFE, a qualified immigration law firm can support you in preparing the evidence required for approval.

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Step Four: Approval and E-2 Visa Issuance

  • Inside U.S.:

    • USCIS approval automatically changes your status to E‑2 (no visa stamp).

    • You’ll receive a new I‑94 record showing your E‑2 admission class and validity.

  • Outside U.S.:

    • If approved, the consulate issues an E‑2 visa stamp in your passport.

    • Visa processing generally takes 2–8 weeks.

E-2 Visa Processing Time

Fortunately, investor visas have relatively short processing times of around 6 months. Your I-129 petition will take the bulk of the wait time. However, this depends on the caseload of the USCIS service center that processes your petition.

For consular processing, the processing time depends on how busy your home country’s U.S. consulate or embassy is. You will need to make an appointment for your interview and then wait until that date, which can range from a few weeks to a few months.

E-2 Premium Processing

Yoy can expedite processing time by opting for the premium processing service. This optional feature shortens your visa processing time to 15 calendar days. If the USCIS fails to meet this deadline, you will be refunded your premium processing fee.

How Much Will My Investor Visa Cost?

The total cost and fees for your investor visa depend on whether you are currently inside the U.S. or outside. For those who are already working in the U.S. under a different visa status, you can simply file an I-129 and have your status adjusted as soon as your petition is approved.

However, if you are currently outside the U.S., you must undergo consular processing. This involves making an appointment with the U.S. consulate or embassy in your home country to schedule an interview with a consular officer. This also requires you to complete a DS-160 online nonimmigrant visa application.

Here is the breakdown of the fees:

  • I-129 basic filing fee: $510 for small businesses or non-profits, or $1,015 for companies with 26 or more full-time employees
    • Only applicable to those changing status from a valid nonimmigrant visa from inside the U.S
  • DS-160 fee: $315
    • Only applicable to those applying from outside the U.S.
  • Premium processing fee(optional): $2,805
    • Not available for DS-160 processing

An E-2 visa applicant will need to consider these costs in addition to the appropriate investment amount. Speak with your E-2 visa attorney to learn how much the investor visa will cost overall.

Common Mistakes to Avoid When Applying for an E-2 Visa

Taking a wrong turn when applying for an investor visa can be detrimental. Here are the top three red flags to avoid:

  1. Know the Difference – Right from the start, you should familiarize yourself with the key differences between E-1 and E-2 visas and EB-5 green cards. Knowing the requirements and the timeline will allow you to choose the one that suits you best.
  2. No Business Plan – Having a clear, detailed, and evidence-based business plan is the foundation of the success of an E-2 investor visa. Invest in sourcing and working with experienced business plan writers and ensure that your attorney is involved in the process.
  3. Weak Industry – The success of your investor immigration is directly reliant on the success of your business. Play it safe and do not enter an industry that is on a decline or that is likely to jeopardize your future in the country.

Our Experience with E-2 Visa Investor Cases

VisaNation law firm’s legal team has supported numerous foreign investors immigrate to the U.S. to expand their existing businesses or start new ones. When it comes to investment immigration, we understand that our clients have a long-term vision not only for their business in the U.S. but also for their life in the country. Thus, we take utmost care of every case and ensure that our clients and their families are confident, comfortable, and happy when it comes to immigration. The process can be exhausting, but it doesn’t have to. At VisaNation, we have many client success stories that will inspire you to take the next step. – Shilpa Malik, Managing Attorney




Below are some viable alternatives to investor visas:

  • EB-1 Visa: This visa is for individuals with exceptional abilities in the sciences, arts, education, business, athletics, as well as outstanding professors, researchers, and multinational executives or managers.
  • EB-2 Visa: This visa is for individuals with an advanced degree (beyond a U.S. bachelor's degree) or significant competence in art, business, or science.
  • H-1B Visa: This visa is for skilled professionals with at least a bachelor's degree in fields such as computer science, architecture, medicine, dentistry, engineering, or accounting. There are many benefits to having this type of visa, including the fact that it allows dual intent, offers a 3-year initial stay which can be extended, and permits you to bring your spouse and children, among other advantages.
  • L-1 Visa: This visa category enables multinational companies to transfer executives, managers, and employees with specialized knowledge to their US offices. It has two subcategories: the L-1A for managers and executives, and the L-1B for employees with specialized knowledge.
  • O-1 Visa: In order to qualify for the O-1 nonimmigrant visa, individuals must possess extraordinary abilities in the sciences, arts, education, business, or athletics, or they must have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized either nationally or internationally.
  • TN Visa: This visa is for Canadian and Mexican citizens who are seeking temporary employment in the US under the North American Free Trade Agreement (NAFTA).

How VisaNation E-2 Visa Lawyers Can Help

The Immigration Attorneys at VisaNation will prepare and file the necessary applications and supporting documentation on your behalf. If you would like to get in touch with one of our investor visa attorneys, fill out our contact form.

Our lawyers have helped countless investors establish businesses in the United States. During a consultation, we’ll outline the best course of action based on the information you provide.

If we determine that you do not qualify for an E-2 visa, we will explain other options that may be available.

Get in touch with one of our E-2 Visa attorneys.

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