Immigration Legal Services

E-2 Visa – Start or Buy a Business in the U.S.

If you're an investor or entrepreneur dreaming of expanding to the U.S., our E-2 Visa attorneys can make your move seamless and stress-free. Let us handle the legal process so you can focus on building your business and future with confidence.

Service Description

The E-2 Visa allows entrepreneurs and investors from treaty countries to start or buy a business in the U.S. This visa allows them to live and work in the U.S. while managing their business. There is no set minimum investment amount, but the investment must be substantial enough to make the business successful.

Book your consultation now to understand all the important details about the E-2 visa like the lawyer fees, application types, and the different steps you have to take, such as interviews and the submission of paperwork.

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Benefits of the E-2 Visa

✅ No fixed investment minimum—investment must be significant for the business.

✅ Renewable indefinitely as long as the business remains operational and profitable.

✅ Spouses can work in the U.S., and children under 21 can attend school.

✅ No employer sponsorship needed—your business is your visa.

E-2 Visa Requirements

To qualify for the E-2 visa, applicants must meet the following conditions:

Nationality: Must be a citizen of a treaty country (see the full list below).
Substantial Investment: The investment must be large enough to ensure the business’s success (typically $100,000 or more but varies by industry).
Active Business Operation: The investor must actively direct and manage the business. Passive investments, such as stocks or real estate, do not qualify.
Ownership & Control: The investor must own at least 50% of the business.
Non-Marginality: The business must generate enough revenue to support the investor and contribute to the U.S. economy, meaning it cannot exist solely to support the investor and their family.

How to Apply for E-2 Visa

If already in the U.S. on a lawful status, a foreign national must apply for an E-2 visa through USCIS by requesting a change of immigration status, extension, or change of employment. However, if outside the U.S., the individual must apply directly at a U.S. consulate abroad without needing an employer-sponsored petition.

Step 1: Prepare Your Application

Gather all required documents, including proof of investment and business viability.
Develop a solid business plan demonstrating the business’s profitability and economic contributions.

Step 2: File Your Application

Submit Form DS-160 and Form DS-156E online.
Pay the visa application fee (the amount varies by country).
Schedule an interview at the nearest U.S. consulate or embassy.

Step 3: Attend the Visa Interview

Present all supporting documents and be prepared to answer questions about your investment and business operations.
If approved, the E-2 visa is typically valid for two to five years, depending on your home country’s treaty agreement.

Step 4: Enter the U.S. and Start Your Business

Upon visa issuance, enter the U.S. and begin operations.
Ensure continued compliance with E-2 requirements to maintain renewability.

How it Works

Get you E-2 Visa in 3 Simple Steps

Book A Consultation

Pick the suitable time for you and the preferred language in our calendar to book your consultation

Hire Our Firm

Choose your payment plan and start working with your assigned lawyer in complete confidentiality

Get Your Visa

We will be with you in every step until your E-2 visa is approved and your business is registered in the US

Choosing the Right Business for Your E-2 Visa

Selecting the right type of business is crucial for a successful E-2 visa application. The U.S. allows E-2 investors to start or buy a wide range of businesses, but the business must be active, operational, and capable of generating revenue.

Best Business Types for E-2 Investors

✅ Franchises – A popular choice due to their proven business models and brand recognition. Many franchises require investments that meet E-2 visa standards.
✅ Retail & E-Commerce – Stores, restaurants, and online businesses can qualify as long as they meet the substantial investment and operational requirements.
✅ Service-Based Businesses – Consulting firms, marketing agencies, and professional services (like IT or education) are viable options, provided they involve direct management by the investor.
✅ Manufacturing & Wholesale Trade – Businesses involved in producing goods or distributing wholesale products can be strong candidates for an E-2 visa.
✅ Real Estate & Property Management – While passive real estate investment does not qualify, active real estate businesses, such as property management or construction firms, may be eligible.

Franchise vs. Independent Business for E-2 Visa

Factor	Franchise	Independent Business
Business Model	Established and proven	Requires building from scratch
Brand Recognition	Immediate brand awareness	Requires marketing to establish credibility
Training & Support	Provided by the franchisor	No built-in support
Investment	Higher upfront costs, but banks may be more willing to finance	More flexibility in investment levels
Control	Limited flexibility due to franchisor rules	Full control over operations
Risk	Lower due to proven systems	Higher, but potential for greater profits

*If you prefer an established system with built-in support, a franchise may be the best option. If you want more control and flexibility, an independent business may be a better fit.

Business Types That Do NOT Qualify

❌ Passive Investments – Real estate holdings, stock trading, or investments without active business management do not meet E-2 requirements.
❌ Speculative Ventures – Businesses that do not have a clear operational plan or active management structure may not be approved.
❌ Non-Profits – The E-2 visa requires a for-profit enterprise, so non-profit organizations do not qualify.

To ensure your business qualifies for an E-2 visa, consult an experienced immigration attorney. Santos Khoury, LLC provides expert guidance to help you select and structure your business for E-2 approval.

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Duration of Stay and Extensions

An investor who enters the U.S. on an E-2 visa is typically granted an initial stay of up to two years. The spouse and children of the investor are allowed to stay for the same period.

E-2 visa holders can apply for extensions in increments of two years, with no set limit on how many times they can renew as long as they continue to meet visa requirements. To request an extension, the investor must file Form I-129 with the E Supplement and provide necessary supporting documents. There are no annual limits on E-2 visas, and spouses of E-2 visa holders are eligible to work in the U.S. without needing separate work authorization.

E-2 Visa Treaty Countries

The E-2 visa is available only to nationals of countries that have a treaty of commerce and navigation with the U.S. Here is a complete list of eligible countries:

Europe: Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Kosovo, Latvia, Lithuania, Luxembourg, Macedonia, Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom.

Asia & Middle East: Armenia, Bahrain, Bangladesh, Japan, Jordan, Kazakhstan, South Korea, Kyrgyzstan, Oman, Pakistan, Philippines, Singapore, Sri Lanka, Taiwan, Thailand, Turkey.

Africa: Cameroon, Chad, Congo, Egypt, Ethiopia, Liberia, Madagascar, Morocco, Rwanda, Senegal, Togo, Tunisia.

North & South America: Argentina, Bolivia, Canada, Chile, Colombia, Costa Rica, Ecuador, Honduras, Mexico, Panama, Paraguay, Peru, Suriname, Trinidad & Tobago.

Oceania: Australia, New Zealand.

Countries like Brazil, China, India, and Russia do not have an E-2 treaty with the U.S.

Tax Obligations for E-2 Visa Holders

E-2 visa holders are required to comply with U.S. tax laws. Here’s what you need to know:

Income Tax: If you spend more than 183 days per year in the U.S., you may be considered a tax resident and must report worldwide income to the IRS.
Business Taxes: Your business must pay federal and state taxes based on its structure (LLC, Corporation, etc.).
Payroll Taxes: If you hire employees, you must withhold and pay Social Security and Medicare taxes.
State and Local Taxes: Each state has different tax rules, so it’s essential to consult a tax professional to ensure compliance.

Transitioning from E-2 Visa to Green Card

Although the E-2 visa is a non-immigrant visa, some investors eventually seek permanent residency (a green card). Here are common pathways:

EB-5 Investor Visa: Requires a minimum investment of $800,000 (in a Targeted Employment Area) or $1,050,000 and the creation of at least 10 U.S. jobs.
Family Sponsorship: If you have a close relative who is a U.S. citizen or green card holder, they may be able to sponsor you.
Employment-Based Green Card (EB-2 NIW): If you can prove that your work is in the national interest of the U.S., you may qualify for an EB-2 National Interest Waiver (NIW) green card.
Marriage to a U.S. Citizen: If you marry a U.S. citizen, you may be eligible for a family-based green card.

We Have Extensive Experience Dealing With All Types of Business Visa

Whether you are pursuing an E-2 Visa or any other type of visa, our firm has the knowledge and experience to navigate the complexities of the application process effectively. We tailor our approach to meet your specific needs and maximize your chances of success.

Required Documents for the E-2 Visa

Applicants must submit various documents to prove eligibility. The following is a list of some of the essential documents required for an E-2 visa application. Specific details should be discussed with an immigration attorney, as additional documents may be needed depending on the case.

Beneficiary’s Biographical Documents

A valid passport with at least six months beyond the intended stay.
Copies of any previously issued U.S. visas and corresponding I-94 records.
Two passport-style photos for each person applying.

Applying at a U.S. Consulate Abroad

Form DS-160 – Online Nonimmigrant Visa Application.
Form DS-156E – Treaty Investor Application.
Visa application fee and payment receipt.

Supporting Documents

Proof of Nationality of Business Owner: Documents verifying that the investor is from a treaty country.
Business Plan: A comprehensive plan outlining the investment, operational strategy, and revenue projections.
Employer Letter: If applicable, a letter from the employer detailing the applicant’s role and qualifications.
Resume or CV: Demonstrating relevant experience.

If Establishing a New Business

Articles of incorporation or organization filed with the state.
Employer Identification Number (EIN) from the IRS.
Corporate bank account documentation.
Business licenses and permits.
Lease agreement for business premises.
Proof of payroll setup (if hiring employees).
Business insurance documentation.

If Acquiring an Existing Business

Business purchase agreement and proof of transfer of ownership.
Tax returns for the last four quarters.
Financial statements, including profit/loss statements.
Employee payroll records.

Evidence of Investment

Lease agreement for office or business premises.
Receipts for business purchases, including equipment and inventory.
Business bank statements showing financial transactions.
Contracts with vendors or suppliers.
Payroll records for employees.
Color photographs of business premises.

Source of Investment Funds

Foreign bank statements for at least six months before transferring funds.
Wire transfer records showing funds entering the U.S.
Property deeds, if funds originated from real estate sales.
Employer letter confirming source of funds, if applicable.
Personal statement explaining the source of funds.

Evidence of Funds Transferred to the U.S.

Bank statements showing the deposit of investment funds.
U.S. wire transfer records confirming the receipt of funds.
Financial statements showing ongoing business operations.

We are Here for You

No matter How complicated is your case, we can help you win your case and live freely in America

Why Choose Santos Khoury LLC for Your E-2 Visa?

Applying for an E-2 visa requires careful planning and legal expertise. At Santos Khoury LLC, we specialize in immigration law and have successfully helped investors secure their E-2 visas. Here’s why clients trust us:

✅ Expert Guidance: Our experienced immigration attorneys understand the complexities of the E-2 visa process and provide personalized solutions.

✅ Business Strategy Assistance: We help investors choose the right business, ensuring it meets E-2 visa requirements and has strong growth potential.

✅ Comprehensive Application Support: From gathering documentation to preparing legal filings, we handle every step of the process to increase approval chances.

✅ Consular Interview Preparation: We prepare you for your visa interview, ensuring you present a strong case to U.S. consular officers.