Is the E-2 treaty investor visa right for you?
The E-2 is for people who want to put their own money into a real business in the U.S. and run it. It is not a passive investment visa and it is not a path for buying a house. You have to be involved in directing the company.
It tends to fit three kinds of investors: someone buying an existing business such as a restaurant, franchise or service company; someone starting a new company from scratch; and a company from a treaty country that wants to send an owner, executive or essential employee to run its U.S. operation.
- You are a national of an E-2 treaty country, such as Mexico, Colombia, Argentina, Chile, Honduras, Costa Rica, Panama, Paraguay or Spain
- You have already invested, or are actively in the process of investing, in a U.S. business
- The business is real and operating, or will be once it opens
- You will develop and direct the business, not just own a share of it
E-2 visa requirements in plain words
The government looks at a handful of core requirements, and each one needs documents behind it.
The investment must be substantial. There is no fixed minimum. Instead, the consulate or USCIS compares what you invested to what it costs to buy or start that kind of business. A small consulting firm needs much less than a manufacturing plant. The money must be at risk, meaning it is committed to the business and not sitting in a savings account, and it must come from a lawful source that you can trace.
The business must be more than marginal. It needs to show that it can support more than just you and your family, usually through hiring employees or generating meaningful income within a reasonable period. A detailed business plan with realistic projections is the heart of most E-2 cases.
How the E-2 process works, step by step
If you are outside the U.S., you apply directly at a U.S. embassy or consulate. You complete Form DS-160 and Form DS-156E, submit a full supporting package, and attend an interview with a consular officer who decides the case. Each consulate has its own filing rules, so we tailor the package to the post.
If you are already in the U.S. in another valid status, we may file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) to request a change to E-2 status. This lets you start running the business without leaving, but it does not give you a visa stamp. If you later travel, you would still need to apply at a consulate.
Immigration law is federal, so the requirements are the same whether the business is in Virginia, Maryland or DC. E-2 status is granted for a period and can be renewed as long as the business continues to qualify.
What an E-2 visa lawyer at USG Law Group does for you
We start with the business, not the forms. We review the deal structure, the ownership percentages, the source of funds and the timing of the investment, and we tell you honestly where the weak spots are before any money is committed.
Then we build the case: the business plan, the source-of-funds narrative with bank records and contracts, the corporate documents, lease, licenses and proof that the business is operating or ready to open. We prepare the DS-156E or I-129 package, file it, respond to any request for evidence, and prepare you for the consular interview.
For E-2 visa renewal and extensions, we review the business's performance, update the plan and file before your status expires.
Common reasons E-2 cases run into trouble
Most refusals come from gaps in proof rather than from the business itself. Money that cannot be traced to a lawful source. An investment that is still sitting in an escrow account with no real commitment. A business plan that looks like a template. An ownership structure where the investor does not actually control the company. Or a business that will only ever pay the owner's living expenses.
Nationality questions also come up, including for people with dual citizenship or for companies with mixed ownership. These issues can often be fixed with planning. Bring us your idea before you sign, and we will check it in a free consultation.
Why investors choose USG Law Group for E-2 cases
Attorney Marianela Uribe was born and educated in Bolivia, spent six years as in-house counsel for a multinational company and later built her own law practice as an immigrant in the United States. She knows how Latin American and Spanish-speaking business owners think about risk, family and paperwork, and she explains every step in your language. She is licensed in Maryland and Virginia and serves clients in Washington DC.
Clients tell us that we prepare cases faster than other offices quoted and that we explain everything in detail. We offer evening, weekend and virtual appointments, payment plans and a free initial consultation. Related pages: our Business Immigration overview, our L-1 Visa page for company transfers, and our EB-1 Visa page for executives who may qualify for permanent residence.
