The E-2 Treaty Investor Visa is one of the most flexible and popular options for foreign nationals who wish to live and work in the U.S. by managing their own business. Unlike the EB-5, it does not require a million-dollar investment, but it does have specific criteria that must be met.
1. The Treaty Requirement
To qualify for an E-2 visa, you must be a citizen of a country that maintains a treaty of commerce and navigation with the United States. Notable treaty countries include the UK, Japan, Germany, Canada, and Turkey. Countries like India and China are currently not on the list.
2. The “Substantial” Investment
There is no fixed dollar amount for an E-2 investment. Instead, the law requires the investment to be “substantial” in relation to the total cost of the business. While $100,000 is a common benchmark, some service-based businesses have been approved with investments as low as $50,000.
3. The Business Must Be “At Risk”
You cannot simply place money in a bank account. The capital must be “at risk” in the commercial sense. This means you must have already committed the funds to the business (signing a lease, buying equipment, hiring staff) before applying for the visa.
4. Marginality: More Than Just a Living
The business cannot be “marginal,” meaning it must have the capacity to generate significantly more income than just what is needed to support you and your family. It must have a positive economic impact, typically evidenced by hiring U.S. workers.
Conclusion
The E-2 visa is a “non-immigrant” visa, meaning it doesn’t lead directly to a Green Card, but it can be renewed indefinitely as long as the business remains viable.