E-2 Treaty Investor Visas

Turn your capital into a U.S. enterprise. We provide the legal architecture to secure your E-2 visa so you can launch, acquire, and scale your business in the United States.

The E-2 Treaty Investor Visa is one of the most powerful and flexible tools available for foreign entrepreneurs. It allows individuals to enter and work in the United States based on an investment they will be controlling in a U.S. business. Unlike the EB-5 Green Card program, the E-2 visa does not require a statutory minimum investment of $800,000. Instead, the investment must simply be "substantial" relative to the cost of the business.

At IMMI.LAW, we do more than just fill out immigration forms. We work closely with your corporate attorneys, CPAs, and business brokers to ensure your corporate structure, source of funds, and business plan are perfectly aligned with stringent U.S. consular requirements.

Do You Qualify? (The Baseline Requirements)

To successfully secure an E-2 visa, the investor and the enterprise must meet highly specific legal thresholds:

Treaty Country Citizenship: You must be a citizen of a country with which the United States maintains a treaty of commerce and navigation. (Note: Lawful Permanent Residency in a treaty country is not enough; you must hold citizenship).
Substantial Capital, "At Risk": You must have invested, or be actively in the process of investing, a substantial amount of capital. The funds must be irrevocably committed to the business and subject to partial or total loss if the business fails. You cannot simply sit the money in a U.S. bank account.
A Real and Operating Enterprise: The business must be a bona fide, active commercial or entrepreneurial undertaking that produces services or goods for profit.
Not a "Marginal" Enterprise: The U.S. business must have the present or future capacity to generate more than enough income to provide a minimal living for you and your family. Your IMMI.LAW business plan will project your hiring of U.S. workers to prove significant economic impact.

The Step-by-Step Process with IMMI.LAW

Building an E-2 petition is essentially building an irrefutable business case for the U.S. government. Here is how we execute:

Step 1: Corporate Structuring & Financial Strategy We guide you through legally transferring your capital, securing U.S. commercial leases, and properly structuring your LLC or Corporation. We meticulously document your lawful "Source of Funds" to prove the money was obtained legitimately.

Step 2: The E-2 Business Plan A standard bank business plan will not work for an E-2 visa. We collaborate with expert immigration business plan writers to develop a comprehensive, 5-year financial and hiring projection that specifically addresses the government's "marginality" requirements.

Step 3: Compiling the Portfolio & Filing

Consular Processing (Outside the U.S.): This is the most common and advantageous route. We compile an extensive, highly indexed E-2 binder and submit it directly to the E-Visa unit of the U.S. Embassy in your home country.
Change of Status (Inside the U.S.): If you are already in the U.S. on a valid visa (like an F-1 or B-1/B-2), we can file Form I-129 with USCIS to change your status to E-2 without you having to leave the country.

Step 4: The Consular Interview Consular officers heavily scrutinize E-2 applicants to test their business acumen. Our attorneys will conduct rigorous mock interviews, ensuring you can confidently answer rapid-fire questions about your profit margins, hiring timelines, and operational control.

Official Government Fees (Current as of 2026)

These are direct fees paid to the U.S. Government and do not include your business formation costs, business plan writing, or IMMI.LAW’s legal representation fees.

For Consular Processing (At the U.S. Embassy):

DS-160 (Treaty Trader/Investor Visa Application Fee): $315
Visa Reciprocity Fee: Varies widely based on your country of citizenship (e.g., $0 for some nations, up to several hundred dollars for others).

For Change of Status (Inside the U.S. via USCIS):

Form I-129 Base Fee: $1,015 (or $510 for small employers with 25 or fewer employees).
Asylum Program Fee: $600 (or $300 for small employers).
Premium Processing (Optional): $2,965 (Guarantees a 15-day USCIS processing time. Note: USCIS increased this fee effective March 1, 2026).

Please verify all current fees directly on the Official USCIS Fee Schedule and the Department of State Fee Schedule.

Frequently Asked Questions

Does the E-2 Visa lead to a Green Card? No. The E-2 is a nonimmigrant visa, meaning it does not directly convert into permanent residency. However, it can be renewed indefinitely as long as the business remains operational. Many of our clients eventually use their E-2 business as a stepping stone to transition to an EB-5 (if they scale their investment to $800k+) or an EB-2 National Interest Waiver (NIW).

Can I buy an existing business or a franchise? Yes! Purchasing an existing, profitable U.S. business or opening a recognized franchise is actually one of the strongest ways to secure an E-2 visa, as the historical financial data removes much of the "marginality" risk for the consular officer.

Can my spouse work in the United States? Yes. Your spouse can accompany you on an E-2 dependent visa. Under current regulations, E-2 spouses are authorized to work in the U.S. incident to their status. They can work for any U.S. employer or start their own business immediately upon entry, without needing to apply for a separate Employment Authorization Document (EAD).

Launch Your American Enterprise

An E-2 application is a complex intersection of corporate law, finance, and immigration. Do not risk your capital on an incomplete petition. Schedule an Investor Strategy Consultation with IMMI.LAW today.

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