E-2 Visa Lawyers – Invest and Grow Your U.S. Business | ABP Law
Looking to invest in a U.S. business and live in the United States?
The immigration attorneys at ABP LAW help foreign nationals secure the E-2 investor visa to build, manage, and operate businesses in the U.S. We represent entrepreneurs, franchise owners, and startup investors throughout the E-2 visa process from strategic planning to successful approvals.
Schedule a consultation with our experienced E-2 visa attorneys today.
What Is the E-2 Investor Visa?
The E-2 visa is a non-immigrant visa that allows individuals from treaty countries to enter and work in the United States by making a substantial investment in a U.S. business. Often called the Treaty Investor Visa, it enables foreign nationals to actively manage or direct a U.S. business they own.
Though it is a temporary visa, the E-2 visa can be renewed indefinitely, allowing long-term business operation and family residence in the U.S.
E-2 Visa Eligibility Requirements
To qualify for an E-2 Treaty Investor Visa, you must meet the following criteria:
- Treaty Country Nationality: You must be a citizen of a country that has a commerce or navigation treaty with the U.S.
- Substantial Investment: You must invest a significant amount of capital in a real, operating U.S. business.
- Business Ownership: You must own at least 50% of the business or possess operational control.
- Business Purpose: You must enter the U.S. solely to direct and develop the enterprise.
- Essential Employee Status: If applying as an employee, you must be from the same treaty country and serve in an executive, supervisory, or essential-skilled role.
- Dependents: Spouses and unmarried children under 21 are eligible to accompany or join the investor in the U.S.
At ABP LAW, our immigration lawyers assess your qualifications and create tailored E-2 strategies for both individual investors and families.
What Counts as a Substantial Investment for an E-2 Visa?
The law does not set a fixed minimum investment. Instead, the investment must be:
- Proportional to the total cost of the business
- Enough to demonstrate commitment to the enterprise’s success
- Placed at-risk and irrevocably committed to the business
Investments in both existing businesses and new ventures — including franchises, startups, and service industries — can qualify.
The E-2 Visa Process: How to Apply
Option 1: Change of Status (If Already in the U.S.)
If you are in the U.S. on another lawful status (e.g., B-1, F-1), you may apply to change status to E-2 by filing with USCIS:
- File Form I-129 with E Supplement
- Include detailed business plan, investment documents, and legal proof of ownership
- Pay Premium Processing fee for 15-day decision (optional)
Option 2: Consular Processing (Applying From Abroad)
If you are applying outside the U.S., follow these steps:
- Confirm Treaty Eligibility
- Gather Required Documents (proof of investment, ownership, source of funds, business plan)
- Submit DS-160 Application
- Schedule E-2 Visa Interview at a U.S. Embassy or Consulate
- Attend Interview and demonstrate your business intent
- Receive Visa and travel to the U.S. to begin business operations
ABP LAW will handle document preparation, filings, and interview support to ensure a streamlined experience.
Documents Required for an E-2 Visa
- Valid passport and photo ID
- Business plan and financial projections
- Proof of nationality from treaty country
- Proof of substantial investment (bank transfers, contracts, purchase agreements)
- Evidence of business ownership and control
- Organizational documents (LLC/Corporation formation)
- Payroll and staffing plan (for existing businesses)
- Form DS-160 (Consular applicants) or Form I-129 (USCIS applicants)
We prepare a comprehensive investor visa package designed to meet both USCIS and consular standards.
Pros and Cons of the E-2 Visa
Benefits:
- No minimum investment threshold
- Can be renewed indefinitely
- Spouses can apply for work authorization
- Children can attend U.S. schools
- Fast processing through consulates or premium USCIS service
Limitations:
- No direct path to a green card
- Visa is tied to business viability
- Only for nationals of treaty countries
- Denials cannot be appealed (but re-filing is possible)
Common Reasons for E-2 Visa Denials
- Insufficient investment amount or source of funds concerns
- Business is not active or legitimate (“bona fide” requirement not met)
- Incomplete documentation or vague business plans
- Applicant does not have controlling interest in business
- Enterprise is marginal (not expected to generate more than minimal income)
At ABP LAW, our attorneys work closely with investors to correct weaknesses in business models and documentation, improving approval odds.
How ABP Law Helps with Your E-2 Visa
Our immigration attorneys offer full-service E-2 visa representation, including:
- Eligibility screening and strategic planning
- Business plan collaboration and financial review
- Document preparation and investor portfolio assembly
- USCIS filings or consular liaison support
- Renewals and dependent visa applications
- Alternative options if E-2 is denied
From concept to launch, ABP LAW is your legal partner in the U.S. business immigration process.
Apply for an E-2 Visa with ABP Law
Whether you’re buying a franchise, launching a startup, or investing in a U.S. business, ABP Law has the experience and insight to help you achieve your immigration and business goals.
Frequently Asked Questions (FAQ)
What is the minimum investment for an E-2 visa?
There is no fixed minimum, but most successful investments range from $100,000 to $300,000, depending on the business type and operating costs.
Can I start a new business or do I have to buy an existing one?
Either option is allowed. You can start a new business or purchase an existing one, as long as you meet ownership and investment criteria.
Can I change to a green card later?
The E-2 visa does not directly lead to a green card, but you may be eligible to adjust status later through EB-2, EB-5, or family-based immigration.
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