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What is an E2 Visa?
An E-2 Treaty Investor Visa enables a national of a treaty country to “direct and control” the operations of a qualifying E2 business from inside the United States.
An E-2 Specialist Worker Visa allows specialist workers with the same nationality as the owner of an E2 business to work in the United States.
A derivative E-2 Visa allows certain family members of a principal E2 visa holder to lawfully reside in the United States and work for any employer in the United States.
Benefits of E2 Visa
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The E2 Visa USA offers many advantages, including:
- No minimum amount of capital for investment. While USD 100,000 is recommended, investment can be USD 50,000 or less.
- Investment does not have to be cash.
- Ability to travel freely to and from the United States.
- Unlimited renewals, potentially for the rest of an applicant’s life.
- Ability for a spouse to work in the US for any employer.
- Option to purchase a businesses or business franchise.
- No minimum number of jobs to be created.
- Quick E2 visa processing times. Application is made directly at the consulate.
- E2 visas are "never denied”, they are “refused”.
- Potential tax benefits over permanent residents.
- Ability to transition to a Green Card at a later stage.
Why Every E-Visa Applicant Needs to Read FAM
The Foreign Affairs Manual (“FAM”) contains the US State Department’s instructions to consular officers when adjudicating E visa applications. While supporting documentation requirements do vary by consulate, the FAM does not.
It is therefore worthwhile knowing the provisions of FAM.
All E visa applications are adjudicated by consular officers in US consulates outside the United States.
Qualifying for an E-2 Treaty Investor Visa
You will need to prove to a consular officer that you meet each of the E2 visa requirements. For ease we have included the citation to FAM for each requirement.
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You Must “Direct and Control” the Business
9 FAM 402.9-6(F)
The easiest way to document this is through 50% ownership of the E2 Business but alternatives do exist.
You can also own less than 50% of a business owned by persons who share your E2 qualifying citizenship. Public companies are deemed to have the nationality of the stock market on which they are traded.
Note: Applicants for the E2 specialist worker visa need to have the same nationality as the E2 business and are not required to make any investment.
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National of an E2 Treaty Country
9 FAM 402.9-4(B)
You will need to be the National of an E2 Visa treaty country. A list of qualifying countries is maintained by the US State department.
Because US treaties vary by nation there are differing E2 visa requirements for some countries.
Generally, E-2 visa USA applicants who obtained in a qualifying country through a financial investment need to be “domiciled” in that country for a period of three years prior to becoming E2 visa eligible. This requirement has a number of exceptions and “work arounds”, follow this link to learn more.
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Invested or In The Process of Investing a Substantial Amount of Capital in a Qualifying Business
9 FAM 402.9-6(B)
9 FAM 402.9-6(D)
An E2 investor needs to have invested a “substantial” amount of capital in relation to the overall size of the business. An investment of USD 60,000 that is substantial for a small coffee shop is unlikely to be substantial for larger businesses.
While there is no minimum amount of investment, US State Department guides consular officers to look for an investment of USD 100,000.
Investment does not have to be in the form of cash. Frequently clients move inventory to the US business or leverage intellectual property, all of this counts as investment.
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Invest in an Irrevocably Committed Investment
An E2 qualifying investment must be irrevocably committed to the E2 business visa.
Traditionally, E2 immigration lawyers have taken this to mean that the investment must already have been spent on business activities at the time the E2 visa is filed. It is now clear that this not true. Funds placed in an escrow account do not have to be spent at the time the E2 visa application is filed.
Placing funds in an escrow account which irrevocably commits those funds to the business meets the “irrevocably invested” requirement. Funds in a business bank account do not count for E2 purposes. It is critical to ensure that funds committed to escrow are sufficient to fund expenses as articulated in the E2 Visa business plan.
The advantage of an escrow account is that if your E2 visa application is refused you will be able to recuperate your investment. Escrow accounts are usually held in by major financial institution.
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No Marginal Investments
9 FAM 402.9-6(E)
A “Marginal Investment” is an investment that provides only a minimal living for the investor and their family. An E2 investment which has the capacity to make a “significant economic contribution” within 5 years is not a marginal investment.
Generally, an easy way to demonstrate that a business is not “marginal” is by employing workers. Theoretically businesses involving jobs which will be created in the future should meet this requirement. That said, cases involving purely future jobs may be viewed by skepticism by a consular officer or USCIS.
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The E2 Business must be “For Profit”
9 FAM 402.9-6(C)
Charities and 501(c)(3) entities do not qualify as E2 businesses. An E2 business must be a “for profit” endeavor.
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Lawful Source of Funds
An E2 applicant has to demonstrate that they have obtained their E2 investment through lawful sources. As a practical matter less questions are asked about the source of an E2 applicant’s funds than in an EB5 case.
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Intention to Depart
9 FAM 402.9-4(C)
When you file your E2 visa application you will file a statement that you intend to depart the United States when your E2 status ends.
The US State Department has issued guidance to consulates in the Foreign Affairs Manual (“FAM”). 9 FAM 402.9-4(C) guides US consulates that an E2 applicant does not have to maintain ties with their home country and that a mere statement of intention to depart the United State at the conclusion of the E2 Status is sufficient for issuance of an E visa:
However, practice dictates that consular posts may occasionally question this.
E2 Visa Application Procedure and Processing Times
Step1 – COS or Consular Processing
The first decision is whether to file for Change of Status (“COS”) to E2 status from within the United States or for an E2 visa at a US consulate. Follow this link for more information.- E2 status is different to an E2 visa. E2 visas can only be obtained from a US consulate outside the United States. An experienced E-2 visa lawyer can help you understand the relevant steps at the applicable consulate.
- The application procedure for the US E visas is unique in that it does not involve an application to the US Department of Homeland Security (“DHS”) or US Citizenship and Immigration Services (“USCIS”).
- DHS and USCIS only adjudicate an US E2 visa Change of Status cases and extension of E2 status cases filed from within the United States.
- USCIS and DHS are not involved in the initial adjudication of an E visa. This gives E1 and E2 visas a significant advantage in terms of processing time.
Step 2 – Which Consulate to Use
As consular procedures vary and processing times vary the choice of consulate can be critical. Your E vis lawyer can advise you on this choice. Consular options include:- The consulate where the applicant lawfully resides will process the application fee and adjudicate an E visa application.
- The consulate in an applicant’s home country.
- Sometimes the consulate serving the area where an applicant is visiting may be willing to adjudicate and application.
Looking for an E-2 Visa?
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Golden Rule for E2 Visa Success
The application procedure for the US E visas is unique in that it does not involve an application to the US Department of Homeland Security (“DHS”) or US Citizenship and Immigration Services (“USCIS”).
DHS and USCIS do adjudicate E2 visa Change of Status cases and extension of E2 status cases filed from within the United States. E2 status is different to an E2 visa. E2 visas can only be obtained from a US consulate outside the United States.
Most visas involve two steps: (1) adjudication by DHS/USCIS; and (2) visa processing by the applicable consulate. E visa application are made directly at a US consulate. USCIS and DHS are not involved in the initial adjudication of an E visa. This gives E1 and E2 visas a significant advantage in terms of processing time.
The consulate where the applicant lawfully resides will adjudicate an E visa application. In addition to the consulate where an applicant resides, the consulate in an applicant’s home country or even the consulate where an applicant is visiting may be willing to adjudicate and application.
E2 Visa FAQs
With an E2 Visa, You will have temporary residency, but no limits on number of renewals
No caps or quotas for E2 Visa, but you must be a citizen of a treaty country
No minimum but usually > $100,000
For an E2 Visa you must acquire, invest in, start, or expand a business or franchise.
It is possible to set up an E2 qualifying real estate company but it cannot be a “passive investment”
For an E2 Visa, no set minimum but 2 jobs are strongly advised.
Spouse permitted to work, children can accompany until aged 21
You would not pay tax on non-US income unless you meet the Substantial Presence Test. Please make an appointment with our tax lawyers.
Processing times for the E2 Visa are relatively quick. The E2 visa is processed at US embassies and consulates and applicants do not need to wait for approval by the US Citizenship and Immigration Services (USCIS). Click here to find out the latest waiting times at your nearest embassy or consulate.
To qualify for an E2 category visa, you must be a citizen of an eligible E2 Treaty Country listed below. A more comprehensive list is available by following this link. Even if you are not a citizen of one of the e2 visa countries on this list you will need to obtain an E2 qualifying nationality.
Macedonia
Mexico
Moldova
Mongolia
Montenegro
Morocco
Netherlands
New Zealand
Norway
Oman
Panama
Paraguay
Poland
Republic of Congo
Romania
Serbia
Senegal
Slovak Republic
Slovenia
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Taiwan
Thailand
Togo
Trinidad & Tobago
Tunisia
Turkey
Democratic Republic of Congo
If you have any questions or your country is not listed, please contact an e2 visa attorney at Davies & Associates.
It is still possible to obtain an E2 Treaty Visa, even if your country is not on the list above. The process involves first becoming a citizen of an E2 Treaty Country before applying under the visa E2 program.While this process involves an extra step, Davies & Associates has helped many clients obtain their E2 category visas this way.
Some of the most popular options include:
Grenadian
Citizenship by Investment
Turkish
Citizenship by Investment
Italian
Naturalization
Israeli
Naturalization
If you have any questions or your country is not listed, please contact an e2 visa attorney at Davies & Associates.
For investors from qualifying treaty countries who are interested in and willing to own and run businesses, the E2 category visa provides a way to reside in the U.S.
No. In fact, there are several ways you can meet the E2 visa investment requirement. Davies & Associates clients frequently use various types of investments, including:
- Stocks of Inventory
- Patents and Trademarks
- Licenses Granted by Foreign / other Businesses
- Tangible assets relevant to the E-w company’s operations, such as equipment , machinery and other tangible assets that are relevant to the operations of the E2 company
- Cash in an Escrow Account
If you have any questions or need more information about the way to get an E2 visa investment, please contact us
- The initial period for E2 visas can be up to five years, depending on reciprocity. While the E2 category visa is valid, the visa holder is free to come and go within and outside the U.S.
- E2 visas may be renewed indefinitely, if the needs of the underlying business are such that there continues to be a need for the visa holder to manage and direct it.
If you have any questions or need more information about the validity of an E2 visa, please contact an e2 visa attorney at Davies & Associates.
A critical element of successful E2 category visa cases is having a well-drafted immigration business plan
It is important for your E2 visa business plan to clearly and successfully demonstrate how your business meets the E2 program requirements. That’s why Davies & Associates MBA attorneys partner with immigration business professionals in helping clients prepare E2 visa business plans designed with e2 visa immigration and consulate approval in mind.
Click here to visit our E2 visa Business Plan WebpageIf you have any questions or need more information about the requirements of an E2 visa, please contact an e2 visa lawyer at Davies & Associates.
The E2 visa lawyer you choose can make a difference in your E2 application efforts. Best practices for selecting an E2 immigration attorney are to choose a firm that:
- Narrowly specializes in E2 and visa applications.
- Handles multiple new E2 matters each month.
- Has no or a very limited denial history.
- Has strong academic credentials and an excellent training history.
- Has never been the subject of a formal client complaint or official reprimand.
- Is a member of a team of two or more lawyers who will work on your case. Avoid solo practitioners as your case will suffer if that lawyer becomes unwell or unable to work on your file.
- Will be available for you after he or she has been hired.
- Will not turn your case over to a paralegal.
- Has recent experience in assisting E2 visa applicants from your country.
- Is a member of key professional immigration law organizations.
- Can provide you with relevant references.
- Provides you with 24/7 access to your entire file.
Learn more about selecting an immigration lawyer can be found by clicking here.
If you have any questions or need more information on how to choose an E2 immigration attorney, please contact us
COMPARING E1, E2, L1 AND EB5 VISAS
| L1 Visas | E1 Visas | E2 Visas | EB5 Visas | |
| Available to any country’s nationals? | ✔ | Nationals of treaty trader countries only | Nationals of treaty trader countries only | ✔ |
| Requires at least one year working for a related company abroad | ✔ | ✖ | ✖ | ✖ |
| May dependent spouse work in the U.S.? | ✔ | ✔ | ✔ | ✔ |
| Renewable in perpetuity (assuming continued qualification) | ✖ | ✔ | ✔ | ✔ |
| E2 Visa Business plan is a key element for a successful application | ✔ | ✔ | ✔ | ✔ |
| Is there an E2 visa minimum investment requirement? | Sufficient to operate valid foreign business and US office or business entity | No theoretical minimum there must be enough investment to create a real, viable, business | Sufficient to fund business enterprise, generally around USD 100,000.00 although less is possible | Either USD 900,000.00 or USD 1,800,000.00 |
| Leads to immigrant visa status? | ✖ Can lead to green card through the EB5, EB1C and other programs |
✖ Transition to green card status through EB5, EB1(c) or other immigrant visa programs possible |
✖ Transition to green card status through EB5, EB1(c) or other immigrant visa programs possible |
✔ visa initially issued for a conditional two year period. |
Note: It is possible to move to a green card from an E2 or E1 visa to a green card IS possible through BOTH the EB1(c) and EB5 programs.
If you have any questions or need more information about visa's comparison, please contact an e2 visa lawyer at Davies & Associates
The spouse of the E2 Visa holder can move to the United States with the primary applicant. The spouse can apply for e2 visa work authorization to work for any US employer. This offers considerably more employment flexibility than the H-1B visa because it is not tied to any specific employer and can be renewed indefinitely (whereas H-1B is limited to a maximum of 6 years). Dependent children under the age of 21 can also accompany the parents to the United States.
If you have any questions or need more information, please contact an e2 visa lawyer at Davies & Associates
Yes. Our firm assists E2 clients with adjusting from their E visa status to that of “Green Card” holder, or Permanent Resident in the United States. While no US non-immigrant visa automatically leads to an e2 visa green card some of the common options include:
E2 and EB5 Investor Visa ProgramThe same investment used to secure and E2 visa can also be used for the EB5 investor visa program.
Many clients combine the E2 and EB5 Immigrant Investor Program. This strategy enables an E2 investor to move to the US immediately on their E2 visa but to have the option of leveraging their US business to obtain an e2 visa “green card” over the longer-term.
Direct EB5:If your E2 business becomes large enough and employs enough people, it may be eligible for a Direct EB5 visa. The minimum e2 visa investment amount is $900,000 and the required number of jobs is ten. You must carefully consider the location of your business because only investments in Targeted Employment Areas (TEAs) are eligible for the lower $900,000 investment amount. Outside of these areas, the requirement capital doubles to $1.8 million.
Regional Center EB5:Tying your E2 business to the requirements of the EB5 program can be commercially restrictive. For example, it can be a challenge to maintain headcount to meet the EB5 rules. Failure to do so can put your Green Card at risk. As a result, many people who pursue a Green Card from E2 through EB5 prefer to invest with a Regional Center instead.
E2 and EB1(c) for the International Manager or Executive
Transitioning from an E2 visa to Green Card through EB1C is very common. For EB1 C you must:
Have worked in a related business outside the United States for at least one of the three years immediately prior to moving to the United States.
demonstrate an “intent to depart” when your E2 status completes
It is vital you discuss your options with an immigration attorney at the beginning of your application process.
The E2 Visa can be used to start up your own business or acquire an existing business or franchise. It is vital to choose a business that is compliant with the E2 Visa rules. Our team of corporate lawyers work closely with E2 immigration team to advise clients on finding a business opportunity that meets the regulations. If you do not yet have a business in mind, contact our team who can explain the parameters and ensure your search is heading in the correct direction.
Watch our video on E2 Visa franchises
If you have any questions or need more information about E2 business to green card, please contact us
Entrepreneur Visas for the United States. The United States is very welcoming of business owners and entrepreneurs. In fact there are many different visa routes for entrepreneurs to live and work in the United States. Click here for more information about US Entrepreneur E2 Visa
Why make Davies & Associates Your E2 Visa Lawyers
Davies & Associates has helped hundreds of families move to the United States on the E2 Visa. While there can never be any guarantees, in fifteen years we have yet to have any E2 visa application we have prepared denied when our clients have followed our recommendations.
- We were one of the first law firms to obtain an E2 Visa for a client via the Grenada Citizenship by Investment Program.
- We have also made clients eligible for the E2 visa through the Turkey Citizenship by Investment Program.
We were in a hurry and Verdie and the team were highly responsive and supportive, even when we threw in some curve balls along the way. We had our visas approved without any issues and felt confident and well prepared for document submissions and the interview. I'd certainly recommend this team for an E2 visa process.
5 stars and a high five! Thank you Verdie and Etta for assisting us with our change of status application. They were very professional and accommodating with all our questions and concerns throughout the process. Despite the time constraint, we pulled it off and we could not have done this without you guys! Keep up the good work!
I had talked with Alex Jovy, he was very quick to respond, had a lot of useful information which I was not aware of. Took time out of his day to discuss my situation and was very helpful. They go into a lot of detail which other companies do not. Overall a great service!
Alex call me and I had a very pleasant talk with him on the phone regarding E2 visa to USA. He is very nice to work with!
I received an world-class help in how to immigrate to the USA succesfully! Alex was very open to answer my questions and is definitely a professional in what he does! Strongly recommend this firm.
Contact Davies & Associates Offices in United States
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601 South Figueroa Street Suite 4050 Los Angeles, CA 90017
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155 N. Upper Wacker Dr. Suite 4250 Chicago, IL 60606
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Miami Office
80 S.W. 8th St Suite 2000 Miami, FL 33130
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1075 Peachtree Street NE Suite 3650 Atlanta, GA 30309
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Looking to acquire an E2 Visa?
We are known for our creative solutions that obtain "impossible" visas, we solve the most complex immigration problems for businesses, investors, individuals, and families.
E2 Visa Immigration lawyer near meSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.
Individual seeking 'Impossible' TN VisaD&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.
E2 Visa ClientMy case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.
E2 + CBI ClientD&A was my guiding light through the entire EB5 Process.
EB5 Visa ClientI would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.
Grenada CBI + E2 Visa ClientThe entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.
Parent of 2 EB5 Visa HoldersI'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.
L1B Visa HolderMark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.
E2 Visa for Small Professional Business With International OfficesDavies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in an highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.
Complex Fiancée Visa Need Involving Multiple International JurisdictionsSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.
Individual Seeking 'Impossible' TN VisaI was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.
Doctor Seeking J1 Visa WaiverI am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.
U Visa Applicant, A Victim of CrimeLooking to relocate or having trouble with a visa applicaton?
We are known for our creative solutions that obtain "impossible" visas, we solve the most complex immigration problems for business, investors, individuals and families.
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