The E-2 "Treaty Investor" & Employee Visa

1 

E-2 Investor/Employee Visa Benefits:

​

• The E-2 visa can be issued for up to five years (depending on nationality), and can generally be renewed indefinitely as long as both the company and the investor/employee continue to meet the eligibility requirements.

• Spouses and unmarried children under 21 can obtain E-2 dependent visas; spouses receive unrestricted employment authorization, and children may attend school in the U.S.

• Suitable for both small and large companies, provided the enterprise has qualifying E-2 nationality and satisfies the investment and operational criteria.

• Typically processed directly through the U.S. Consulate in the applicant’s country of nationality, making it a comparatively fast option for investors and transferee employees.

• Considered a limited “dual intent” visa—while holders must maintain an intent to depart if status ends or is terminated, there are strategies for lawfully pursuing Permanent Residency  without jeopardizing E-2 status.

2

Basic E-2 Investor/Employee Visa Requirements:​​​​​

• The U.S. enterprise utilized for purposes of E-2 investment, must have a qualifying E-2 nationality; generally meaning it is at least 50% owned and controlled by nationals of a specific treaty country. The applicant—whether the investor or an employee—must generally share the same treaty nationality as the company. The one exception is where the enterprise is owned and controlled equally (50/50) by nationals of two different treaty countries, in which case employees of either treaty nationality may qualify.

• Where the applicant is the investor coming to the United States solely to develop and direct the enterprise, the applicant must demonstrate that they control, or will control, the enterprise. Such control is most commonly shown through at least 50% ownership, but may also be established through operational control (such as authority arising from a managerial position or other corporate mechanism) or by other comparable means. Mere occupancy of a managerial position, however, is not sufficient to establish control where the applicant does not and will not possess such authority.

• The company must have already made — or be in the process of making — a substantial investment in an active U.S. commercial enterprise. While “substantial” is not legally defined, investments of USD $150,000 for smaller businesses are generally considered safe; while investments would need to be significantly higher for capital-intensive industries. The investment must be irrevocably committed and involve real financial risk.

• The investment funds must come from a legitimate, lawful source. We provide our clients with a specialized guide on Source of Funds and investment best practices to help facilitate this requirement.

• If the applicant is an investor, they must demonstrate the ability to "develop and direct" the enterprise.

• The business must be a real, active commercial or entrepreneurial enterprise that produces goods or services. Passive investments — such as stocks or undeveloped real estate — do not qualify on their own.

• The enterprise must have the future capacity to be more than “marginal;” it must be shown that within five years from visa issuance, the business will have enough capacity to more than comfortably provide for the investor and their family in the United States. This is almost always shown through credible evidence of future job creation for U.S. workers.

• If the applicant is an employee (rather than an "investor"), the company must independently meet the requirements as an E-2 enterprise, and the employee must qualify as an Executive, Supervisory, or Essential Skills worker. This pathway is suitable for companies of all sizes that meet the E-2 requirements, and is generally one of the fastest options for sending qualifying personnel to the U.S.