An E-2 visa allows eligible nationals of treaty countries to enter and work in the United States based on a substantial investment in a U.S. business. An E-2 visa lawyer can help evaluate treaty-country eligibility, ownership and control requirements, the investment structure, business documentation, source of funds, visa strategy, and application or renewal issues.
Managing Attorney of The Ahluwalia Firm in San Jose, practicing exclusively U.S. Immigration and Nationality Law for families and businesses.
Lead attorney at Dehghani & Associates in New Haven, CT, focusing on immigration, medical malpractice and personal injury law since 1997.
Issues may arise when:
An E-2 visa attorney may assist with:
When comparing E-2 immigration attorneys, consider:
How much money is required for an E-2 visa?
There is no universal minimum investment amount. The investment is generally evaluated based on the total cost of the business and whether the amount is substantial enough to support a real and operating enterprise.
Do I need to own the entire business?
Not necessarily. An applicant may qualify through sufficient ownership or operational control, depending on the structure of the business and applicable E-2 requirements.
Can I use borrowed money for an E-2 investment?
Certain loan arrangements may qualify, while others may create problems depending on how the debt is secured. The structure of the financing should be reviewed carefully.
Can I buy a franchise for an E-2 visa?
Yes, a franchise may potentially qualify if the investment and business meet the applicable E-2 requirements.
Can I apply for an E-2 visa from inside the United States?
Some applicants may request a change of status from within the United States, while others apply through a U.S. consulate abroad. These processes are different and can have different strategic considerations.
Can E-2 visa holders hire employees?
Yes. In fact, hiring plans and job creation may help demonstrate that the business is capable of operating beyond simply supporting the investor.
Can an E-2 visa be renewed indefinitely?
There is generally no fixed maximum number of renewals as long as the investor and business continue to satisfy applicable requirements. Each renewal or extension is still subject to review.
Does an E-2 visa require a business plan?
A business plan is commonly used, especially for new or growing businesses, to explain operations, financial projections, hiring, and the expected development of the enterprise.
Can my spouse work in the United States?
E-2 spouses may have employment authorization based on current immigration rules and their status documentation. Because procedures can change, applicants should verify the current requirements.
What happens if the E-2 business fails?
If the business no longer qualifies under E-2 requirements, maintaining or renewing E-2 status may become difficult. An immigration attorney can evaluate whether another immigration option is available.