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E2
For those with an entrepreneurial vision and the capital to bring it to life, the E2 may be the perfect fit. While visas like the O1 are better suited for employed professionals and independent contractors, the E2 is built for the business owner — the one who is not looking for a seat at someone else's table, but is ready to build their own. The E2 can be renewed indefinitely and it allows your spouse to obtain work authorization — making it not just a visa for you, but a foundation for your entire family. For the entrepreneurial spirit who is ready to bet on themselves, the E2 is one of the most exciting pathways the U.S. immigration system has to offer.
E2 Treaty Investor Criteria
The E-2 investor visa allows nationals of treaty countries to enter and work in the United States based on a substantial investment in a U.S. business. Unlike employment-based visas that require a job offer or green card petitions that demand extraordinary achievement, the E-2 is built entirely around the investment itself and the viability of the enterprise being funded. To qualify, both the applicant and the investment must meet a specific set of criteria that USCIS and the Department of State evaluate closely.
1
Treaty Country Nationality — the applicant must be a national of a country that maintains a qualifying treaty of commerce and navigation with the United States
2
Substantial Investment — the applicant must have invested, or be in the process of investing, a substantial amount of capital in a U.S. enterprise — there is no fixed minimum, but the investment must be proportionate to the total cost of establishing the business
3
At Risk — the funds must be irrevocably committed to the enterprise and genuinely at risk of loss — money sitting in a personal bank account does not qualify
4
Real and Operating Enterprise — the business must be a bona fide commercial enterprise, not a marginal or passive investment
5
More Than Marginal — the business must generate, or have the capacity to generate, significantly more income than is needed to merely support the investor and their family
6
Direction and Development — the investor must be coming to the U.S. to direct and develop the enterprise — a purely passive investor does not qualify
7
Lawful Source of Funds — the investment funds must be traceable to a lawful source
O1B Filmmaker APPROVED!
EB2 NIW Educator APPROVED!
O1B Actress APPROVED!
O1A Software Engineer APPROVED!
O1B Saxophonist APPROVED!
EB1A Filmmaker APPROVED!
O1B Violinist APPROVED!
EB2 NIW Green Architect APPROVED!
O1B Composer APPROVED!
O1A Data Scientist APPROVED!
O1B Pianist APPROVED!
EB1A Songwriter APPROVED!
O1B Photographer APPROVED!
O1A Teacher APPROVED!
EB2 NIW Blockchain Strategist APPROVED!
O1B Indie Artist APPROVED!
EB1A IT Leader APPROVED!
O1A Machine Learning Engineer APPROVED!
O1A Cloud Architect APPROVED!
EB1A Entreprenuer APPROVED!
O1B Filmmaker APPROVED! EB2 NIW Educator APPROVED! O1B Actress APPROVED! O1A Software Engineer APPROVED! O1B Saxophonist APPROVED! EB1A Filmmaker APPROVED! O1B Violinist APPROVED! EB2 NIW Green Architect APPROVED! O1B Composer APPROVED! O1A Data Scientist APPROVED! O1B Pianist APPROVED! EB1A Songwriter APPROVED! O1B Photographer APPROVED! O1A Teacher APPROVED! EB2 NIW Blockchain Strategist APPROVED! O1B Indie Artist APPROVED! EB1A IT Leader APPROVED! O1A Machine Learning Engineer APPROVED! O1A Cloud Architect APPROVED! EB1A Entreprenuer APPROVED!
Why Quality Representation Matters
The E-2 is one of the most accessible pathways for foreign entrepreneurs looking to build a business presence in the United States — but accessibility does not mean simplicity. The visa lives or dies on the strength of the underlying business. The investment must be substantial, the enterprise must be real and operational, and the applicant must demonstrate that the business is capable of generating more than a marginal living. Getting those elements right from the outset — the investment structure, the business plan, the documentation of expenses — requires careful preparation and experienced counsel.
Questions Answered
Got more questions? Reach out to ChristineKimLaw@christinekimlaw.com.
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There is no fixed minimum investment amount established by law — the standard is that the investment must be "substantial" in relation to the total cost of establishing or purchasing the business. What constitutes substantial is evaluated on a case-by-case basis, but as a general rule, the lower the total cost of the business, the higher the percentage of that cost the investment must represent.
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No — treaty nationality is a hard requirement for the E-2. If your country does not have a qualifying treaty with the United States, you are not eligible for this visa regardless of the size or quality of your investment. In that case, alternative pathways such as the EB-2 NIW or EB-1A may be worth exploring depending on your profile.
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Yes — your spouse and unmarried children under 21 are eligible to accompany you to the United States as E-2 dependents. Your spouse is also eligible to apply for work authorization, allowing them to work for any U.S. employer. Children may attend school but are not authorized to work.
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The E-2 is a nonimmigrant visa and does not directly lead to a green card on its own. However, it is renewable indefinitely as long as the business remains operational and viable, making it a long-term solution for many investors. Those seeking permanent residence would need to pursue a separate immigrant visa pathway — such as the EB-2 NIW or EB-5 investor visa — alongside or after establishing their E-2 business.
