The E-2 treaty investor visa is the most flexible work visa available to entrepreneurs, founders, and investors from treaty countries. It allows nationals to live in the United States and direct a real and active U.S. business in which they have invested a substantial amount of capital. Chary Law works with first time founders, established business owners, franchise investors, and family enterprises to design qualifying investments and secure E-2 approval.
E-2 status is initially granted for up to two years, with unlimited renewals as long as the underlying business continues to operate, employ workers, and generate income. There is no minimum dollar threshold codified in the regulations, but the investment must be substantial relative to the cost of acquiring or establishing the enterprise.
The E-2 enterprise must be more than marginal, meaning it must have the present or future capacity to generate more than just enough income to support the investor and family. Active businesses such as restaurants, professional services firms, manufacturers, technology startups, and franchises are typical E-2 vehicles.
Most E-2 applications are filed at the U.S. consulate in the treaty country. The petition package includes a detailed business plan, source of funds documentation, evidence of investment, lease, payroll records, organizational documents, and a five year financial projection.
Investors already in the United States may file Form I-129 to change or extend status. Once issued, the E-2 visa allows multiple entries during its validity period.
Spouses and unmarried children under 21 of E-2 treaty investors qualify for E-2 dependent status, with significant spousal work benefits.
There is no statutory minimum. The investment must be "substantial" relative to the cost of acquiring or establishing the business.
No. The E-2 visa requires nationality of a country with a qualifying treaty of commerce and navigation with the United States. If your country is not on the list, we evaluate alternative pathways — L-1, O-1, or EB-5 depending on your circumstances.
Depends on consular processing or through USCIS. We can prepare a case for submission within 4-6 weeks.
Yes. E-2 dependent spouses are work-authorized incident to status. Children are not work-authorized but receive E-2 dependent status until age 21.
Refiling is possible. We evaluate the specific denial grounds, identify what's correctable, and rebuild the application accordingly. Some denials are easily addressed; others require restructuring the investment. Honest assessment is part of the consultation.
No, but you must maintain the role of directing and developing the business. Frequent absences raise scrutiny at renewal. We advise on travel patterns that don't compromise renewal eligibility.
Chary Law structures E-2 investments that qualify and grow. Schedule a consultation to discuss your business plan, source of funds, and visa timeline.
Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. No attorney-client relationship is formed by reading this content. Results in prior cases do not guarantee future outcomes. Please consult with a qualified immigration attorney regarding your individual circumstances.
