E-2 Treaty Investor Visa

Treaty nationality and qualifying ownership

The E-2 is a nonimmigrant treaty investor visa under INA §101(a)(15)(E)(ii) (8 U.S.C. §1101(a)(15)(E)(ii)), and the threshold question is nationality: the investor must be a national of a country that maintains a treaty of commerce and navigation with the United States. Japan, South Korea, Taiwan, and the United Kingdom are treaty countries; the People's Republic of China is not, which is why Chinese nationals often look to EB-5 or to a second treaty-country citizenship instead. The investor, whether an individual or a company owned by treaty nationals, must own at least 50 percent of the U.S. enterprise or otherwise control it. We confirm the treaty, the nationality, and the ownership structure before anything else, because the rest of the case depends on it.

A substantial, more-than-marginal investment

There is no fixed dollar minimum for an E-2. The regulations at 8 CFR §214.2(e) ask whether the investment is substantial in relation to the total cost of the business, the proportionality test, and whether the enterprise is real, active, and more than marginal, meaning it does more than provide a living for the investor and family. A smaller business needs a higher proportion invested; a larger one, less. The funds must also be irrevocably committed and at risk. We help size and time the investment, document that it is committed, and shape the enterprise so it clears the marginality bar.

The business plan and source-of-funds record

An E-2 application is won on paper. The consulate wants a credible five-year business plan with hiring projections, evidence the money is the investor's and lawfully sourced, and proof the funds are already committed to the business. For investors from Japan, Korea, and Taiwan, the source-of-funds record often crosses borders and currencies. We build the plan and the financial record together, in the form a consular officer expects, so the application stands on its own.

Consular processing or change of status

Most E-2 visas are issued at a U.S. consulate abroad through the Department of State (22 CFR §41.51), where the investor attends an interview and, if approved, receives an E-2 visa valid for a set reciprocity period. An investor already in the United States in another status may instead file Form I-129 to change to E-2 status with USCIS, though that route grants status without issuing a visa for travel. We prepare either path, ready the investor for the interview, and coordinate the timing with the family's plans.

Renewals, employees, and the family

The E-2 is renewable indefinitely in increments as long as the business operates and the investor maintains the investment, though it remains a nonimmigrant status that requires an intent to depart when it ends. A treaty business can also bring E-2 employees of the same nationality in executive, supervisory, or essential-skills roles. The investor's spouse is authorized to work incident to status, and unmarried children under 21 hold derivative status. We handle renewals, employee filings, and the work-authorization and dependent issues as the business and the family grow.