E-2 TREATY Investor Visas – Launch Your Business with Confid

The E-2 visa is a nonimmigrant investor visa available to nationals of a treaty country who invest who invest a substantial amount of capital in a bona fide U.S. enterprise and come to direct and develop that business.  It can be renewed indefinitely while the enterprise continues to qualify.  

Key features:

• Not a green card, but renewable indefinitely if the business continues to meet requirements.
• Investment can be in a new business or an existing U.S. enterprise.
• E-2 visa holders can work for the business they’ve invested in.
• Spouses may apply for work authorization.
• Children can attend school through age 21.
• Investors may bring employees from their home country under E-2 employee status.

To qualify, you must:

• Hold a valid passport from a treaty country. (See the U.S. Department of State list of treaty countries.) 
• Make a substantial investment that is at risk — meaning the funds are committed and could be lost if the business fails. 
• Show that the business is real and operating, not marginal or speculative.
• Own at least 50% of the business, or otherwise demonstrate control and authority to direct its operations.
• Intend to depart the U.S. when your E-2 status ends.

Real and Operating Enterprise

• The business must be a real, bona fide enterprise — not a paper entity or idle investment. It should demonstrate readiness to function when the visa is approved, with evidence such as a lease, equipment, or contracts in place. 
• To be real and operating, the enterprise must be more than marginal.  It must have the capacity to support you and your family and, ideally, to create U.S. jobs within five years.  In other words, the business should generate more than minimal income, not just a basic living for the investor.  
• The enterprise is  not just supporting the investor’s family but also having the present or future capacity to make a meaningful economic contribution (often shown by growth, reinvestment, or employing U.S. workers, but not a statutory headcount requirement).  

Active Management

• E-2 investors are expected to play an active role in the management of the U.S. business. This generally requires owning at least 50% of the enterprise, participating in major decisions, and overseeing day-to-day operations either by residing in the United States or traveling regularly to direct the business.

• Investment
  You must have invested or be actively investing a significant amount of money into a real business in the United States. This investment must be fully committed and at risk, meaning you cannot simply withdraw it.   The investment should be enough to make the business successful and generate more than just a living wage for you and your dependents. 
• Substantial and proportional
  There is no fixed dollar minimum.  The investment must be “substantial” in relation to the total cost of starting or purchasing the business.  The test is whether the investment is large enough to make the business succeed, relative to the type of business.  For most cases, six-figure investments are expected, though some businesses can qualify with less.
• At risk and irrevocably committed
  It must be “at risk”, i.e. committed and subject to loss if the business fails.  Money must be truly invested, not just sitting in a bank account. Signed contracts, leases, equipment purchases, and startup costs all count if funds are committed. 
• Lawful source of funds
  You must prove where the money came from (savings, property sales, inheritance, gifts, or unsecured personal loans) and trace its movement into the business.
• Source of Funds
  Applicants must demonstrate that the funds invested come from a legitimate source. This ensures that the money used for the investment was legally obtained. The process requires tracing the origin of funds and showing their movement from the investor or investment entity into the U.S. business.

Qualifying Investment that Typically Satisfies E-2 Criteria:

• Investing in an active business
• Investment is substantial enough to make the business successful
• Funds are fully committed and at risk 
• Money could be lost if the business fails- 
• Business earns much more than a living wage for the investor

What Does Not Typically Satisfy E-2 Criteria:

• Mere ownership of undeveloped land
• Uncommitted funds in a bank account
• Speculative investments with no active involvement
• Business only supports basic living needs of the investor
• Safe or protected investments with no risk of loss in relation to the total cost of starting or purchasing the business. 

Legally:  There is no fixed dollar minimum written into the law or regulations.   

In practice:  Most successful E-2 cases involve investments of $100,000 or more.

• Smaller investments (e.g., $75,000–$100,000) can sometimes qualify if the business model is lean and the amount covers nearly all start-up costs.
• Very low amounts (e.g., $25,000–$50,000) are almost always denied because they don’t demonstrate sufficient commitment or likelihood of success.
• Adjudicators apply the “proportionality test”: they compare how much you’ve already spent against the total cost of launching the enterprise. The closer you are to covering 100% of the start-up costs, the stronger the case.

Rule of thumb for clients:  While the law sets no minimum, you should plan on investing at least $100,000 to be competitive, unless you have a strong business model that clearly requires less.

Ana Maria, a Colombian national, came to Kennedy Law seeking a path to live in the U.S. with her spouse and teenage daughter.  She had identified a franchise opportunity in the wellness industry. Kennedy Law mapped a compliant investment, gathered evidence lawful funds, and prepared a comprehensive business plan.  We showed that the case met the E-2 criteria for substantial at-risk investment and active management.  Within five months, her visa was approved through the U.S. consulate in Bogotá. .  Her spouse obtained work authorization  after approval, and her young children pursed education. hin a timeframe aligned with well-documented, treaty-based cases. The client’s spouse obtained work authorization via an Employment Authorization Document (EAD) after approval, and dependent children under 21 were enrolled in school.

Within four months (a timeframe aligned with well-documented, treaty-based cases), her visa was approved through the U.S. consulate in Bogotá. She now runs a successful fitness studio and her spouse works legally in a remote tech role.

An Israeli entrepreneur developing a software platform for healthcare engaged Kennedy Law to launch a U.S.-based startup under an E-2 visa. We  meticulously prepared the petition, presenting the client’s substantial, at-risk investment clearly and persuasively, drafting a detailed business plan demonstrating scalability and market demand, and ensuring all supporting documentation met U.S. visa standards. The E-2 visa was approved , allowing the client to establish the U.S. entity and begin operations.  The spouse obtained work authorization after approval 

A client from Germany wanted to bring a European retail concept to the U.S. He signed a small commercial lease in Florida, invested his savings into remodeling the space and stocking inventory, and hired his first U.S. employee. We aligned his business plan and financial projections with E-2 standards, and within months his visa was approved. Today, he and his spouse live in the U.S., where his store has grown into multiple locations.