E-2 Visa

The E-2 visa is a great option for self employed people, entrepreneurs or foreign companies who want to create and develop a business in the United States. This visa category is very flexible, allowing an applicant to purchase an existing business, link ownership to an existing foreign company abroad or start a business from scratch. Another great asset is that ANY kind of business can qualify for an E-2.  Lastly, the E-2 visa can then be renewed indefinitely as long as the company is functional and has US workers.

If you are a foreign national or company who wishes to own, manage or work at a foreign owned company in the United States, this option is for you.

Primary Eligibility Requirements for the E2

  • The United States must have an E-2 investment treaty with the applicant's home country.  The company must be at least 50% owned by foreign nationals of the treaty country at inception and as long as E-2 visa holders work for the US company. Only nationals of this county may obtain an E-2 visa. 

  • The company within the United States must be an operating commercial enterprise or ready to start operations

  • The principal applicant must have made substantial investment into the company (money/ intangible assets). Investment may also come from other lawful sources, US or foreign. No specific minimum dollar amount constitutes "substantial" but as a general matter, it must be enough to cover start-up costs with enough money left over to support the entity until revenue starts to flow.

  • The US company must show it will create employment for US workers. This cannot be a company of one person, rather it will hire directly or indirectly numerous US workers. 

  • The principal investor will be responsible for the direction and development of the investment or else be doing this on behalf of the foreign parent company. 

  • There are two E-2 categories for employees, who may also enter on the E-2 visa: executive or manager; or someone who has essential skills or specialized knowledge of the product or service offered. 

  • Spouses and children under 21 are also eligible for the E-2 visa category. Additionally, spouses are allowed to apply for work authorization.

Examples of Successful Cases that Qualify for an E2

We have successfully filed initial and extension E-2 applications for a wide variety of companies ranging from IT start ups  with venture capital funding and intangible asset contributions to entertainment entities and the trades. Examples include:

  • Software consultancies

  • IT start-ups of all kinds

  • Social media agency

  • Restaurants/bars/bakeries

  • Retail stores 

  • Counseling/life coaching services

  • Construction companies

  • Real estate development 

  • Architectural design 

  • Sales/marketing companies 

E-2 Application Procedures

Over the past twenty years, we have gained experience handling complex E-2 applications through a diverse range of US consulates abroad and also through submitting applications with DHS inside the United States. Our experience ensures that the applications meet not only the E-2 legal requirements but also the organizational and procedural demands of particular consulates. 

We encourage E-2 applicants to work with us from the very initial business development stages. This planning can ensure that your vision and company will merit approval of the initial E-2 visa and importantly of renewals.

US consulates may issue E-2 visas for up to five years; and an E-2 visa holder is generally given two years of authorized stay in the US at each entry. 

Green Card Procedures for E-2 Visa Holders

If the US company is linked to a foreign company and the applicant worked for at least one year at the foreign company prior to entry in the US, that applicants may be eligible for a green card through the E-2 company. Be sure to ask about this during our initial planning session!