E-2 visa requirements
You generally need to satisfy all of these:
- You must be a national of an E-2 treaty country.
The U.S. maintains a list of eligible countries. Spain is currently an E-2 treaty country, as are countries such as the UK, France, Germany, Italy, Canada, Australia, Portugal, and many others. - You must invest in a U.S. business.
The investment can be in a new business or an existing business. Your capital must be genuinely committed and "at risk"—money simply sitting in a bank account generally doesn't qualify. You also must prove that the funds have come from a legitimate source. - There is no fixed minimum investment amount.
This is an important point. Unlike EB-5, the E-2 rules don't say you must invest $100,000, $200,000, etc. The investment must be "substantial" relative to the cost of the particular business and sufficient to demonstrate your financial commitment and support the business's successful operation. For example, a $100,000 investment could potentially be substantial for a $120,000 service business, while $100,000 would likely be inadequate for a business requiring $1 million to launch. - The business must be a real, operating commercial enterprise.
It needs to actually provide goods or services for profit and comply with applicable U.S. legal requirements. - The business cannot be merely "marginal."
It should have the present or future capacity to generate more than enough income merely to support you and your family. A new business can qualify even before it becomes profitable if it has a credible capacity to meet this requirement, generally within five years. - You must develop and direct the business.
Normally this means owning at least 50% of the enterprise or otherwise having operational control through a managerial position or similar authority. The State Department specifically describes the principal investor as someone coming to the U.S. to develop and direct the enterprise. - The investment must be committed—not merely planned.
You generally need evidence showing that you have actually invested or are actively in the process of investing the funds. A revocable or completely uncommitted deposit generally isn't sufficient. - You must intend to leave the U.S. when your E-2 status ends.
E-2 is a nonimmigrant visa, not a direct green-card category.
What counts as an investment?
Potentially qualifying expenditures can include things such as:
- Purchasing a U.S. business
- Franchise purchase and franchise fees
- Business equipment
- Commercial premises/lease expenses
- Inventory
- Marketing and advertising
- Business formation/professional expenses
- Certain operating expenses
- Other funds actually committed to launching or operating the business.
The key isn't simply how much money you have, but how much of your capital is actually committed to the enterprise and whether the overall investment makes sense for that particular business.
Family
Your spouse and unmarried children under 21 can generally obtain derivative E-2 status. E-2 spouses can generally work in the United States incident to their status.
