E-2 Treaty Investor

E-2 Treaty Investor

The E-2 treaty investor is a nonimmigrant classification that allows a foreign national of a treaty country (including their spouse and children) to enter the United States for the purpose of investing, developing, and directing a business.

The E-2 treaty investor is a nonimmigrant classification that allows a foreign national of a treaty country (including their spouse and children) to enter the United States for the purpose of investing, developing, and directing a business.

Advantages

Advantages

No Fixed Investment Amount

No Fixed Investment Amount

No fixed minimum amount. Your investment just needs to be substantial for your specific business.

No fixed minimum amount. Your investment just needs to be substantial for your specific business.

Fast Processing & Quick Startup

Fast Processing & Quick Startup

Move to the U.S. and launch your business sooner with quicker processing times than most investor visas.

Move to the U.S. and launch your business sooner with quicker processing times than most investor visas.

Spouse & Children Accompany

Spouse & Children Accompany

Spouses are generally allowed to work and children under 21 may attend U.S. schools.

Spouses are generally allowed to work and children under 21 may attend U.S. schools.

Requirements

Requirements

Treaty Country Citizenship

Treaty Country Citizenship

You must hold a passport from one of the 80+ countries maintaining a valid treaty of commerce and navigation with the United States.

You must hold a passport from one of the 80+ countries maintaining a valid treaty of commerce and navigation with the United States.

You must hold a passport from one of the 80+ countries maintaining a valid treaty of commerce and navigation with the United States.

Treaty country Map

Treaty country Map

Substantial & At-Risk Capital

Substantial & At-Risk Capital

Your capital must be irrevocably committed, legally sourced, and substantial relative to the total cost of creating or purchasing the enterprise.

Your capital must be irrevocably committed, legally sourced, and substantial relative to the total cost of creating or purchasing the enterprise.

Your capital must be irrevocably committed, legally sourced, and substantial relative to the total cost of creating or purchasing the enterprise.

Real & Operating Business

Real & Operating Business

The business cannot be speculative. It must be a bona fide, active commercial or entrepreneurial undertaking producing goods or services.

The business cannot be speculative. It must be a bona fide, active commercial or entrepreneurial undertaking producing goods or services.

The business cannot be speculative. It must be a bona fide, active commercial or entrepreneurial undertaking producing goods or services.

The Marginality Test

The Marginality Test

Your enterprise must have the present or future capacity to generate significantly more financial return than just a minimal living for you and your family.

Your enterprise must have the present or future capacity to generate significantly more financial return than just a minimal living for you and your family.

Your enterprise must have the present or future capacity to generate significantly more financial return than just a minimal living for you and your family.

Our E-2 Process

Our E-2 Process

1

Discovery & Strategy

  1. Discovery & Strategy

We audit your treaty eligibility, analyze your source of funds, and ensure your business model aligns with strict federal immigration frameworks.

We audit your treaty eligibility, analyze your source of funds, and ensure your business model aligns with strict federal immigration frameworks.

round clear ball with black background
round clear ball with black background

2

grayscale photo of person running in panel paintings
grayscale photo of person running in panel paintings

Petition Assembly & Filing

  1. Petition Assembly & Filing

We draft the legal briefs, organize the complex evidentiary exhibits, and file the petition with USCIS or the appropriate U.S. Consulate abroad.

We draft the legal briefs, organize the complex evidentiary exhibits, and file the petition with USCIS or the appropriate U.S. Consulate abroad.

3

Consular Interview Preparation

  1. Consular Interview Preparation

We conduct rigorous mock interviews, training you to confidently articulate your business metrics, investment strategy, and hiring plans to consular officers.

We conduct rigorous mock interviews, training you to confidently articulate your business metrics, investment strategy, and hiring plans to consular officers.

a black and white photo of a black background
a black and white photo of a black background

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grayscale photo of man standing in front of stairs
grayscale photo of man standing in front of stairs

Approval & Ongoing Counsel

  1. Approval & Ongoing Counsel

Beyond securing your visa, we provide ongoing compliance advice as you scale your U.S. operations and prepare for eventual renewals.

Beyond securing your visa, we provide ongoing compliance advice as you scale your U.S. operations and prepare for eventual renewals.

Visa Application& Change of Status

Visa Application& Change of Status

E-2 Visa

Where You Apply

U.S. Embassy or Consulate abroad

Current Location

Must be outside the U.S. (or willing to travel)

Travel Ability

High: Grants a physical visa stamp allowing international travel & reentry.

Processing Speed

Varies widely depending on local embassy wait times.

E-2 Change of Status

Where You Apply

Inside the U.S. (via USCIS)

Current Location

Must be legally inside the U.S. on another valid visa

Travel Ability

Low: Grants legal status only. If you leave the U.S., you must apply for a visa abroad to return.

Processing Speed

Typically months, but Premium Processing guarantees an initial response within 15 business days.

Recent Success Stories

Recent Success Stories

a large white and red building surrounded by trees

Specialized Business

Specialized Business

When new state regulations threatened to make a portion of this business's goods illegal, the E-2 petition was at risk. We stepped in, adjusted the investor's inventory and compliance strategy, and successfully secured the visa without delay.

a large white and red building surrounded by trees

Specialized Business

Specialized Business

When new state regulations threatened to make a portion of this business's goods illegal, the E-2 petition was at risk. We stepped in, adjusted the investor's inventory and compliance strategy, and successfully secured the visa without delay.

a large white and red building surrounded by trees

Specialized Business

Specialized Business

When new state regulations threatened to make a portion of this business's goods illegal, the E-2 petition was at risk. We stepped in, adjusted the investor's inventory and compliance strategy, and successfully secured the visa without delay.

Checklist

Checklist

Proof of nationality

Proof of investment

Business plan

Proof of enterprise being active

Family documents if spouse/children included

Resources

Resources

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Trdemark vs Copyright

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Partnership Agreement

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Solo company

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Frequently

Asked Questions

Frequently

Asked Questions

What is a substantial investment for E-2?

Which countries qualify for E-2 treaty visas?

Can I convert E-2 to a green card?

This page is for informational purposes only, not legal advice.

For official details, visit USCIS E-2 Treaty Investor Visa. Last updated 04/08/2025.

This page is for informational purposes only, not legal advice.

For official details, visit USCIS E-2 Treaty Investor Visa. Last updated 04/08/2025.

The content on this website is for informational purposes only, does not constitute legal advice, and does not establish an attorney-client relationship until a formal engagement agreement is signed. Past results do not guarantee future outcomes.

© 2016-2026 Mamdani Law. All Rights Reserved.

The content on this website is for informational purposes only, does not constitute legal advice, and does not establish an attorney-client relationship until a formal engagement agreement is signed. Past results do not guarantee future outcomes.

© 2016-2026 Mamdani Law. All Rights Reserved.

The content on this website is for informational purposes only, does not constitute legal advice, and does not establish an attorney-client relationship until a formal engagement agreement is signed. Past results do not guarantee future outcomes.

© 2016-2026 Mamdani Law. All Rights Reserved.