For foreign nationals looking to launch or invest in a business in the United States, the E-2 Treaty Investor Visa offers a powerful — though often misunderstood — pathway. While not every country qualifies and not every investment qualifies, the E-2 can be an ideal option for those seeking to live and work in the U.S. while running a business.
Ahluwalia Law Offices has helped business owners structure investment strategies that align with U.S. immigration law and USCIS requirements. If you’re a foreign investor or entrepreneur, here’s what you need to know.
Who Qualifies for an E-2 Visa?
To qualify for an E-2 visa, an individual must:
- Be a national of a country with a valid treaty of commerce and navigation with the United States.
- Have invested, or be actively investing, a substantial amount of capital in a bona fide U.S. enterprise.
- Be coming to the U.S. to develop and direct the investment enterprise.
Treaty countries include Japan, Germany, Canada, the United Kingdom, and many more. (India is not currently on the list.)
What Counts as a “Substantial” Investment?
There’s no fixed dollar amount, but the investment must be:
- Substantial in proportion to the total cost of purchasing or establishing the business
- Sufficient to ensure the investor’s commitment to the enterprise
- Enough to support the business’s likelihood of success
Generally, investments of $100,000 or more are considered substantial, but smaller investments can qualify depending on the nature of the business.
What Type of Business Qualifies?
The enterprise must be bona fide — a real, operating commercial or entrepreneurial venture producing goods or services for profit.
Examples of qualifying businesses:
- Tech startups
- Consulting firms
- Restaurants or retail operations
- Franchises
- Real estate companies (if actively managed)
Passive investments, such as real estate holdings or stock portfolios, do not qualify.
Key Benefits of the E-2 Visa
- Renewable indefinitely (as long as the enterprise remains viable)
- Spouse can apply for work authorization
- Dependents (under 21) can attend school in the U.S.
- No annual cap like H-1B visas
Strategic Considerations
The success of an E-2 application depends on how you structure your business and investment. This includes:
- Creating a detailed business plan
- Showing that funds are at risk and irrevocably committed
- Demonstrating operational readiness (leases, contracts, employees, etc.)
At ALO, we help investors design their U.S. entry with legal precision — from incorporation to petition filing.
Final Thoughts
The E-2 visa is not for every investor, but when used correctly, it can be a powerful vehicle to build your American dream. Whether you’re launching a new venture or acquiring a U.S. franchise, Ahluwalia Law Offices can help you make the right moves from day one.
