Terms & Definitions

The E-2, also called the Treaty Investor visa, allows nationals of certain treaty countries to enter the U.S. to develop and direct a business in which they have made a substantial investment. Certain employees of a qualifying investor or organization may also obtain E-2 classification.

To qualify, you must:

• Be a national of a country that has a qualifying treaty with the U.S.
• Have invested, or be in the process of investing, a substantial amount of capital in a U.S. business.
• Own at least 50% of the business or have operational control through a managerial role.
• Be entering the U.S. to develop and direct the business.

There is no minimum investment amount, but it must be significant enough to ensure the success of the enterprise. A general guideline is at least $100,000 invested and spent on business operations at the time of filing. The U.S. business must be at least 50% owned by individuals who share the treaty nationality of the investor. The spouse and minor children of E-2 employees may obtain visas to accompany the visa holder; spouses are permitted to work in the U.S. incident to E-2S status.

For assistance with your E-2 petition or other immigration matters, contact our office.