E-2 Visa Lawyer for Treaty Investors and Entrepreneurs
Berardi Immigration Law represents treaty-country nationals investing in or acquiring a U.S. business under the E-2 visa. Our attorneys handle eligibility analysis, investment documentation, business-plan review, consular or USCIS filing, interview preparation, and responses to government requests, from the first assessment through renewal.
How Our E-2 Visa Lawyers Help
An E-2 case is built on documentation and framing as much as eligibility. Our attorneys work directly with each investor and coordinate with their accountant, business-plan writer, and corporate counsel where needed to assemble a case that holds up to scrutiny at the consulate or USCIS.
Representation typically includes:
- Assessing treaty-country nationality and ownership structure before filing
- Tracing and documenting the lawful source of investment funds
- Reviewing or coordinating the business plan to support the marginality standard
- Preparing the full application package, including the Letter of Support
- Advising on consular processing versus a USCIS change of status
- Preparing clients for the consular interview
- Responding to Requests for Evidence (RFEs) and refusals
- Managing extensions, renewals, and status changes as the business evolves
E-2 Eligibility and Treaty-Nationality Review
To qualify for E-2 status, an investor must:
- Hold the nationality of a country that maintains a qualifying treaty of commerce and navigation with the United States
- Have invested, or be actively investing, a substantial amount of capital in a real, operating U.S. business
- Be coming to the U.S. solely to develop and direct that enterprise
Ownership matters as much as the investor’s own nationality. At least 50% of the business must be owned by nationals of the treaty country. Where a business owns another business, ownership is traced back to the parent entity. Our attorneys review the corporate structure early to confirm the entity itself qualifies, not just the individual investor.
Employees can qualify too. A foreign national employee who shares the treaty investor’s nationality may also be eligible for E-2 status if the role is executive or supervisory, or requires special qualifications essential to the business (skills not readily available in the U.S. labor market).
Source of Funds and Investment Documentation
An E-2 investment must be genuinely at risk: the funds must be irrevocably committed to the business and subject to loss if it fails. Capital sitting in a personal account, or tied to an unsigned business plan, does not meet this standard.
Qualifying sources of investment funds include:
- Personal savings
- Gifts or inheritance
- Proceeds from the sale of assets
- Lawful earnings
- Loan proceeds where the investor is personally liable, or the loan is secured by the investor’s own assets (not the E-2 business’s assets)
Because consular officers and USCIS scrutinize source of funds closely, our attorneys build a documented paper trail of bank records, sale agreements, loan documents, and more before filing, not in response to an RFE.
E-2 Business Plan and Marginality Analysis
There’s no fixed minimum investment amount. Instead, an investment must be substantial relative to the total cost of the business, and large enough to reasonably ensure the enterprise will succeed. Lower-cost businesses generally require a proportionally higher investment to meet this standard.
The investment also can’t be marginal. The business must have the present or future capacity to generate more than a minimal living for the investor and their family, which is typically shown through revenue projections and a credible plan to hire U.S. workers.
Our attorneys review the business plan (or coordinate directly with the plan’s author) to make sure it speaks to both standards, not just to investment size.
Consular Processing and Interview Preparation
Most E-2 applicants file at a U.S. consulate or embassy abroad, though some qualify for a change of status through USCIS while already in the U.S. Each route has different timing, documentation, and risk considerations, and the right one depends on the investor’s current status and location.
For consular cases, we prepare clients for the E-2 interview. We review the questions officers commonly ask about the business, the source of funds, and the investor’s role so there are no surprises on interview day. Once approved, the visa is typically stamped in the passport and returned within a few business days.
USCIS Change of Status, Extensions, and Renewals
E-2 status doesn’t have a maximum number of renewals, but each extension requires showing the business and the investor’s role still meet E-2 requirements. Our attorneys manage:
- Change-of-status filings with USCIS for investors already in the U.S.
- Extensions of status, filed with USCIS or through a consulate
- Ongoing compliance review so a business’s growth or restructuring doesn’t jeopardize a future renewal
E-2 RFEs, Refusals, and Refiling Strategy
Government requests for additional evidence are common in E-2 cases, particularly around source of funds and marginality. When an RFE or refusal happens, we assess what the officer is actually questioning, gather the missing documentation. In the rare instance where a case has been denied, we build a refiling strategy that addresses the specific deficiency rather than resubmitting the same package.
Dependents of E-2 Visa Holders
The spouse and unmarried children under 21 of a principal E-2 investor may accompany or follow to join, regardless of their own nationality. Spouses are generally employment-authorized incident to status and do not need a separate work permit. Children may attend school but are not authorized to work based on E-2 dependent status alone.
Why Hire an E-2 Visa Lawyer?
An E-2 application can be assembled without an attorney, but most of what determines approval (how the source of funds is documented, whether the business plan satisfies the marginality standard, how ownership is proven) is legal judgment, not paperwork. A document-preparation service can fill out forms; it can’t assess whether a loan structure will hold up to a consular officer’s questions or how to frame a thin business plan before it becomes an RFE.
Our attorneys are involved at every stage: eligibility analysis, investment tracing, ownership documentation, business-plan review, application assembly, interview preparation, and RFE and refusal response, when needed.
Zach Ahlstrom, Esq., Senior Associate Attorney and a member of the New York State Bar since 2019, has focused his practice on cross-border business immigration since joining Berardi Immigration Law in 2017, with significant experience in E-1 and E-2 treaty trader and investor visas for entrepreneurs and companies entering or expanding in the U.S. market. He has prepared and overseen hundreds of successful petitions across industries including technology, healthcare, manufacturing, and professional services, and has been named to Super Lawyers Rising Stars every year from 2021 to 2026, an honor limited to no more than 2.5% of attorneys in New York State.
“My husband and I had the pleasure of working with Zach Ahlstrom for our US E-2 Visas. From the initial exploration stage, weekly check-ins, consulate interview prep, and approval, Zach was patient, professional, knowledgeable and most importantly, he made us feel confident about the entire process. It is also worth noting that Zach helped us with various immigration questions even before we decided to pursue the E-2 Visa with him and his law firm. We truly could not have done this without you. Thank you for holding our hands through every step (practically and emotionally!)”
– Sunny Yang
Contact our office to schedule a consultation and get a clear assessment of your E-2 eligibility.
E-2 Treaty Investor Visa: Frequently Asked Questions
What is an E-2 Treaty Investor Visa?
An E-2 visa is a nonimmigrant visa category for nationals of countries that maintain a qualifying treaty of commerce and navigation with the United States. It allows the visa holder to enter the U.S. to direct and develop the operations of a business in which they have made a substantial, at-risk investment.
Who is eligible for an E-2 visa?
Eligibility generally requires that the applicant be a national of an E-2 treaty country, that the enterprise have the nationality of that treaty country, and that the applicant has invested or is actively in the process of investing a substantial amount of capital in the enterprise. A principal investor must be coming to the United States to develop and direct the enterprise. Qualifying employees may instead work in executive, supervisory, or essential-skills positions.
What countries qualify for E-2 treaty investor status?
Only nationals of countries that have a qualifying treaty of commerce and navigation with the United States are eligible. The list of treaty countries varies and is maintained by the U.S. Department of State, so applicants should confirm their country’s current treaty status before applying.
How much money do I need to invest for an E-2 visa?
There is no fixed statutory minimum investment amount. Instead, the investment must be “substantial” relative to the total cost of establishing or purchasing the particular business; often assessed on a proportionality scale, where smaller businesses require a higher percentage of investment relative to total cost. The appropriate investment amount depends on the actual cost and nature of the business. A lower-cost service business may qualify with a smaller investment if the investor has committed a sufficiently high proportion of the funds needed to establish and operate the enterprise.
Does the investment need to be “at risk”?
Yes. The funds must be irrevocably committed to the enterprise and subject to partial or total loss if the business fails. Simply holding funds in a personal account or an uncommitted business plan does not satisfy this requirement.
Where can the investment funds come from?
Investment funds may come from personal savings, gifts, inheritance, the sale of assets, lawful earnings, or loan proceeds. Loan proceeds may qualify when the investor is personally liable for the debt or the loan is secured by the investor’s personal assets. Debt secured by the assets of the E-2 enterprise generally does not qualify as the investor’s personal capital at risk.
What ownership requirements apply to an E-2 business?
At least 50% of the enterprise must be owned by nationals of the treaty country who maintain that country’s nationality. Ownership can be traced through individuals, partnerships, or publicly traded companies, provided the treaty-national ownership threshold is met.
Can I buy an existing business for my E-2 visa, or does it need to be a startup?
Either can qualify. Applicants may start a new business or purchase an existing one, as long as the enterprise is a real, active, operating commercial business, not a passive investment like undeveloped land or stocks held purely for appreciation.
What positions qualify for E-2 status?
A principal E-2 investor must be coming to the United States to develop and direct the enterprise. Separate E-2 employees may qualify if they will serve in an executive or supervisory capacity or possess skills that are essential to the enterprise’s operations. Routine or ordinary skilled positions generally do not qualify under the essential-employee standard.
How long does an E-2 visa last?
E-2 visa validity depends on the applicant’s nationality and the applicable Department of State reciprocity schedule. Depending on the country, an E-2 visa may be issued for a single entry or multiple entries and for a validity period ranging from several months to several years. A person admitted in E-2 status is generally granted a period of stay of up to two years at each admission.
Can an E-2 visa be renewed or extended?
Yes. There is no maximum limit on the number of extensions an E-2 visa holder can request, provided the underlying business and the individual’s role continue to meet E-2 requirements at each renewal.
Does the E-2 visa allow dual intent?
The E-2 visa is not formally classified as a dual-intent visa. An applicant must intend to depart the United States when E-2 status ends. However, the existence of a potential long-term immigration plan does not necessarily preclude E-2 eligibility. We recommend consulting with an experiences immigration attorney.
Can my spouse and children accompany me on an E-2 visa?
Yes. Spouses and unmarried children under 21 may accompany or follow to join the principal E-2 visa holder. Qualifying E-2 spouses are generally employment authorized incident to status and do not need to obtain a separate Employment Authorization Document before working. Their Form I-94 should reflect the E-2S classification. Dependent children are not authorized to work based solely on E-2 dependent status.
How is the E-2 visa different from the E-1 visa?
The E-2 visa is based on a substantial investment in a U.S. business, while the E-1 visa is based on substantial trade between the U.S. and a treaty country. Some treaty countries qualify for both categories, while others qualify for only one, so eligibility should be confirmed based on the applicant’s specific business activity.
How is the E-2 visa different from the EB-5 program?
The E-2 visa is a nonimmigrant category limited to treaty-country nationals and does not directly lead to a green card, while the EB-5 program is an immigrant investor category open to nationals of any country and leads directly to permanent residence, typically requiring a substantially higher investment and job-creation showing.
What documents are required for an E-2 visa application?
Typical requirements include evidence of the applicant’s treaty-country nationality, documentation establishing majority treaty-national ownership of the business, proof that investment funds were lawfully obtained and are at risk, a detailed business plan showing the enterprise is more than marginal, and standard visa application forms such as the DS-160 and, where applicable, Form I-129 for E-2 classification filed with USCIS.
What are common reasons an E-2 visa application is denied?
Common grounds for denial include an investment that is not sufficiently committed or at risk; an investment that is not substantial in relation to the cost of the business; failure to demonstrate that the enterprise is real and operating or will become operational imminently; insufficient evidence that the enterprise has the present or future capacity to generate more than a minimal living for the investor and family or otherwise make a significant economic contribution; unclear treaty-country ownership; and failure to establish that the applicant will develop and direct the enterprise or serve in a qualifying employee position.
Can an E-2 visa lead to a green card?
The E-2 visa itself does not directly convert to permanent residence, but E-2 status does not require abandoning long-term U.S. plans. Investors interested in a long-term path should discuss options such as EB-5 or employment-based green card categories with an experienced immigration attorney.
How far in advance should I apply for an E-2 visa?
Because E-2 applications require substantial documentation of the investment, business plan, and ownership structure, applicants are encouraged to begin preparing several months before their intended travel or start date to allow time for gathering evidence, consular scheduling, and any USCIS processing.
