E2 Visa

E2 Visa Guide: Everything You Need to Know

For investors and entrepreneurs seeking opportunities in the United States, the E2 visa is a popular choice. This visa allows qualified individuals to live in the U.S., manage a business, and work for their own company. Here’s an overview of the E2 visa, its benefits, requirements, and the application process.

E2 Visa Overview

The E2 visa is a non-immigrant visa tailored for investors, entrepreneurs, and business owners aiming to establish or manage a business in the United States. With an E2 visa, you can either start a new business in the U.S. or invest in an existing one, taking an active role in its development and operations.

Eligible applicants must invest a substantial amount of capital into a U.S. business and play a central role in directing and growing the enterprise. Only citizens from countries that maintain an E2 treaty with the United States qualify for this visa, which we’ll list below.

One of the greatest advantages of the E2 visa is its renewability. As long as the E2 business remains active and continues to meet visa requirements, you can renew the E2 visa indefinitely, allowing you to live and work in the U.S. for an extended period.

Benefits of the E2 Visa

The E2 visa offers several attractive benefits, including:

  • Ability to Start and Operate a U.S. Business: With an E2 visa, you can establish and run your business in the United States.
  • Family Benefits: Your spouse and unmarried children under 21 may also qualify for an E2 visa. Your spouse may apply for work authorization, and your children can attend school in the U.S.
  • Flexible Investment Threshold: While no minimum investment amount is specified, investments typically start around $50,000 or less.
  • Unlimited Renewals: The E2 visa can be renewed indefinitely as long as the business remains operational, allowing holders to stay in the U.S. for years.
  • No Requirement for Foreign Residence: Unlike other non-immigrant visas, the E2 visa does not require you to maintain a foreign residence.

Requirements for an E2 Visa

To qualify for an E2 visa, applicants must meet the following requirements:

  1. Nationality: You must be a citizen of a country with an active E2 treaty with the U.S.
  2. Intent to Depart: You must intend to leave the United States once your E2 status expires.
  3. Significant Investment: You must make a substantial financial investment in a U.S. business.
  4. Operating Business: The business should be active, generating income, and capable of economic impact beyond supporting just the applicant and their family.
  5. Non-Marginal Enterprise: The business should not be marginal, meaning it must generate more than enough income to support the visa holder and their family.
  6. Managerial Role: You should play an active role in managing and growing the business.
  7. Legal Investment Funds: The funds for investment must come from a legal source.
  8. At-Risk Investment: The investment must be at-risk, meaning it is fully committed to the business with the possibility of loss.

Countries with E2 Treaty Eligibility

Only citizens from countries that maintain an E2 treaty with the United States are eligible for the E2 visa. Here is a list of eligible countries:

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Portugal, Romania, Serbia, Senegal, Singapore, Slovak Republic, Slovenia, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia.

Countries Without an E2 Treaty

Citizens from certain countries are not eligible for the E2 visa. These countries include:

  • India
  • China
  • Russia
  • Brazil

Need Help with Your E2 Visa Application?

For personalized guidance or additional questions, feel free to reach out to our team at matif@atiflawfirm.com. We’re here to assist you in navigating the E2 visa process and making your U.S. business venture a success.