E-2 Investor Visa
E-2 Visa Attorney for Business Investors
Thinking of immigrating to the US? If you’re an investor who owns at least 50% of a U.S. company, an E-2 investor visa may be the way for you to turn your immigration dreams into reality! By investing in a new or existing American company, the Investor Visa E-2 Program grants you temporary residence in the United States for you, your spouse, and children under 21.
With a 98% approval rate for petitions filed by AmLaw Group, you can rest assured knowing that your business immigration goals is in good hands. Schedule your consultation with one of our experienced E-2 visa attorney and get started with your E-2 investor visa application today!
What Investors Should Know About E-2 Visas
What is an E-2 Visa?
The E-2 visa is a U.S. immigration category built for individuals who want to personally shape and control a business inside the United States. Instead of relying on academic credentials or employment sponsorship, this visa centers on the entrepreneur’s ability to move capital, take financial risks, and actively run a commercial venture. The investor must play a hands-on role-making decisions, managing growth, and directing daily operations. It does not matter whether the business is small or large; the key requirement is that the enterprise is genuine, income-producing, and positioned to expand beyond the investor’s personal needs. In addition, the principal investor must hold a passport from a country that has an E-2 treaty with the United States.
The Classic E-2 Investor Visa Applicant
In order to qualify for an E-2 visa, the applicant must be a citizen of a country that has an E-2 treaty in effect with the United States. E-2 visas have increasingly become popular for those who don’t even have a qualifying passport by birth. Increasing numbers of investors are acquiring a second passport (such as one from Grenada, Turkey or other countries with accessible citizenship-by-investment programs) to then qualify for an E-2 visa.
The validity period of the visa depends on the nationality of the applicant, as the terms of the E-2 agreement vary from country to country. The shortest E-2 visas are valid for 90 days; the longest are valid for five years.
The period of stay in the United States upon entry with an E-2 visa is two years. This is the case for all nationalities regardless of how long their visa is valid for. Even if an investor’s visa, for example, expires tomorrow, if they enter the country today, they should receive a duration of stay in the U.S. for two years.
If you’re applying for an investor visa E-2, you need to invest and commit approximately $100,000 in your U.S. company. The overwhelming majority of E-2 visa applicants are also the owner of a business, whether small or medium. Most applicants are small business owners who are usually married with children and want to offer their family an opportunity to live in the U.S.
Applicants often choose the E-2 visa for a number of reasons:
Fast: it can take generally 4-6 months from the start of the process until an interview at the embassy.
Convenient: the E-2 visa offers a relatively easy way to experience life in America and determine if this is a long-term location for permanent residency for yourself and your family.
Easy: Approval rates vary on individual cases and nationality, but for the vast, vast majority of applicants the approval rate is above 98%.
If this sounds like you, get in touch with our US E-2 visa attorney to check your eligibility and get started with your business immigration in the United States.
Benefits of an E-2 Investor Visa
There are multiple advantages of securing an E-2 investor visa for yourself and your family:
Relatively small amount of required investments (approximately $100,000).
High approval chances as compared to other visa categories.
No requirement to have a company overseas.
No job creation requirement for the U.S. company.
Ability to renew E-2 status indefinitely provided that the applicant’s company is active and profitable.
The applicant’s family (spouse and unmarried minor children under the age of 21) also receives an E-2 visa, which gives them the right to live, study, and work in the United States as well.
The ability to switch to a green card through an EB-5 visa after growing the U.S. business to the required size or through usage of other visa categories.
SCHEDULE YOUR PERSONALIZED IMMIGRATION REVIEW!
We’ll be glad to go over the details of your case, help you determine which immigration program is right for you, and answer any questions you have.
Just click the button below and we’ll be glad to schedule a time for you.
We’ll be glad to go over the details of your case, help you determine which immigration program is right for you, and answer any questions you have.
Just click the button below to schedule a time for you.
Business Requirements for an E-2 Investor Visa
E-2 is a nonimmigrant visa and does not in itself qualify for a green card. However, there is the possibility of switching to a green card through the EB-5 category, subject to investment in the applicant’s company of funds from $900,000 and the creation of 10 jobs.
To qualify for an E-2 visa, your business should meet the following criteria:
An E-2 agreement exists with most developed countries including nearly all of Western Europe, Canada, Japan, as well as many Asian and Latin American countries.
You must register a new or acquire an existing company in the state you plan to operate from. The applicant must own a controlling stake (50% or more) in this company.
You should rent an office to conduct your business activities. Even though regulations in theory allow one to operate an E-2 business without renting commercial space, we recommend that our clients secure some office space to make their case stronger.
You must invest approximately $100,000 in your company. Before the filing of the petition, the majority of these funds should be spent on bona fide business activities, and the remaining funds must be committed pursuant to legally binding agreements. This last item regarding the commitment of funds is often misunderstood by clients and can lead to problems–and even a denial–if not properly addressed.
Provide a business plan with projections for five years and other required information to show the company will be able to successfully develop and generate a non-marginal profit. “Marginalibility” in this context means that the business must be projected to earn more money than just that which is required to support the investor and his family.
A business plan is not required if the investor purchases an existing business which has been actively operating for more than one year.
By the time of filing the petition, everything must be in place for the business to launch operations. It is even better if operations have started prior to filing for the visa, but this is not a requirement. If operations have not commenced, the investor must show all equipment has been purchased and installed, all local licenses have been secured, and everything is in place to start the business once the applicant receives his visa.
You’ll need to provide documents proving the legality of the source of the invested funds. The exact documents required depends on your exact source of funds, but this will generally include documentation demonstrating the source of funds (income from another business, savings from salary, sale of real estate) as well as bank statements to show the passage of funds from the investor’s accounts to the U.S. company.
If you need someone to guide you through the E-2 process, schedule a call or a meeting with one of our Miami business immigration attorneys.
Processing Times for the E-2 Investor Visa
Investor visa E-2 petitions are processed within 4-6 months for standard petition processing and within 15 days for premium processing. Missing paperwork and errors in your E-2 visa application can cause delays in the processing of your application. It is important to note that premium processing is only available for cases filed with USCIS in the U.S. (when the applicant is changing status in the United States). If the applicant is filing at a U.S. consulate, premium processing is not available, and the wait time for the visa processing and interview depends on the workload of each consulate. On average applicants can generally get in for an interview with 4-8 weeks, but this can vary significantly based on the individual consulate.
Our experienced E-2 visa lawyers can provide assistance in your E-2 visa petition to catch mistakes before filing and ensure that you have a smoother business immigration process. Contact AmLaw Group today to schedule a consultation and get started with your visa application!
Family Members and the E-2 Visa
E-2 visa holders may bring their spouse and unmarried children under 21 to live with them in the United States. These family members do not need to meet the investor’s nationality or financial requirements (their status is tied directly to the principal applicant). Children may enroll in U.S. public or private schools and later attend college without obtaining a separate student visa. And the children of E-2 investors qualify for significantly reduced tuition as in-state residents at state-owned colleges and universities. Spouses may work anywhere for any employer, providing them with complete freedom in choosing a job or starting their own business. Each dependent must file an individual visa application and follow the consular process. Because children lose E-2 eligibility when they turn 21, many families plan well in advance for future immigration or education options to avoid gaps in lawful status.
E2 Visa Legal Services
Navigating the E-2 investor process can be overwhelming without informed legal guidance. Our E-2 visa attorneys provide strategic support at every stage, ensuring your application is accurate, persuasive, and fully aligned with current immigration standards. We help investors structure their businesses correctly, assemble evidence that clearly demonstrates the legitimacy of the investment, and prepare a compelling presentation for the consulate or USCIS.
Comprehensive Application Support
We review your corporate documents, source-of-funds records, financial projections, and operational plans to create a complete, well-organized submission. Our team manages communications with government agencies, reducing delays and preventing avoidable errors.
Investment Strategy & Documentation
Because the definition of a “substantial investment” varies by industry, we advise clients on how to position their capital, document expenditures, and show that the business is ready to operate. We also coordinate, when needed, with business plan writers and accountants to ensure your financial projections and supporting documents are consistent and credible.
Employee & Staff Filings
For companies bringing essential foreign personnel, we handle E-2 employee petitions to ensure key staff transition smoothly into U.S. roles.
Renewals & Long-Term Planning
We also assist with renewals and extensions, helping investors maintain compliance as their business grows. Our firm works as a long-term partner, supporting your success well beyond the initial visa approval.
Getting A Green Card Through The E-2 Investor Visa
E-2 is a nonimmigrant visa and does not in itself qualify for a green card. However, there is the possibility of switching to a green card through the EB-5 category, subject to investment in the applicant’s company of funds from $800,000 and the creation of 10 jobs.
In practice, this means that the E-2 investor needs to invest more into the U.S. company such that his total investment exceeds $800,000 (or possibly $1,050,000 depending on the business’s location). In addition, the investor must show he has created (or will create in the next 30 months) 10 new jobs. These jobs must be full-time W-2 positions.
Given the fact that not many E-2 investors are planning to invest such a substantial amount in their E-2 business–or hire that many full-time employees. As a result, the reality is that most E-2 investors pursue other options to avenues to acquire permanent residency. It might be an investment in a regional center EB-5 project or possibly an EB-1c (if the investor has a qualifying overseas company). An employment-based green card option might also be considered. All of these options should be discussed with an experienced immigration attorney to determine the most suitable and viable option for you.
Frequently Asked Questions (FAQ)
You may bring employees if they share the same nationality as the investor and are essential to the company’s success. This includes individuals with specialized knowledge, high-level managerial ability, or roles that cannot easily be filled in the U.S. labor market. These employees receive their own E-2 classification and may work exclusively for your enterprise. This option is especially valuable for companies that rely on proprietary processes, cultural expertise, or internal training systems.
The E-2 framework supports both approaches. Some investors prefer purchasing an already-operational business because it provides immediate activity and an existing revenue stream. Others prefer forming a brand-new venture, allowing them to design operations from the ground up. Franchises are also frequently used because the applicant gains the credibility of a recognized brand and a structured business model, which often makes the application more persuasive.
Most commercial activities can potentially meet E-2 criteria. What matters most is that your enterprise is a real commercial operation, designed to create value, produce revenue, and support more than the investor’s basic living expenses. This applies across industries: technology, transportation, hospitality, consulting, manufacturing, medical services, education, and countless others. Even small businesses may qualify if they show legitimate potential for growth and contribution to the local economy.
The validity of an E-2 visa depends on the agreement between the U.S. and your home country. Some investors are eligible for visas up to five years; others may receive a visa valid only for 90 days. However, the duration of stay granted at the border is always two years regardless of the visa stamp validity. The most attractive feature of the E-2 is that it has no limit on renewals. As long as the business remains healthy and the investor continues managing it, the visa can be extended again and again.
The U.S. government does not specify an official minimum investment for the E-2 category. Instead, the required amount depends entirely on the nature of the enterprise. A consulting firm may need far less capital than a manufacturing plant or a restaurant. What officers evaluate is whether the funds you invested are enough to successfully launch and sustain the type of business you are proposing. The investment must be large enough to move the company beyond preliminary stages and demonstrate genuine financial commitment. In practice, we typically recommend clients plan on investing approximately $100,000, though the exact amount will always depend on the specific business model and evidence you provide. Generally speaking, investments below $80,000-$90,000 would be very risky in terms of chances for approval.
E-2 investors are admitted for two years at a time. There is no cumulative limit: investors may renew indefinitely as long as they continue running their U.S. enterprise. One advantage many applicants overlook is that every time they leave and re-enter the United States, they automatically receive a fresh two-year period of stay even if their visa stamp is not renewed (provided the visa is still valid on the day of entry). This flexibility makes the E-2 one of the most practical long-term business visas available.
Why Choose AmLaw Group
AmLaw Group is a boutique immigration law firm that prides itself with customer-centered approach. AmLaw’s attorneys have over 20 years of experience in business immigration.
With AmLaw Group, you have the guarantee of a smooth and successful transition to the US. Thanks to our unique immigration philosophy, comprehensive individual approach, and extensive work experience, our business immigration attorneys receive approvals for 98%+ of the cases they handle.
Schedule a consultation with us to get started with your business immigration today!
Ask A Business Immigration Lawyer
Start your new future now!
Miami Office
AmLaw Group
1920 E Hallandale Beach Blvd Suite 709 Hallandale Beach, FL 33009
Copyright 2025 AmLaw Group - All Rights Reserved | Powered by Advantage Attorney Marketing & Cloud Solutions
