PRACTICE AREA · IMMIGRATION
Your business. Your investment. Your visa.
If your country made the list.
E-2 visa strategy for treaty-country entrepreneurs, business buyers, and franchise owners investing in the United States. No cap. No lottery. Renewable indefinitely.
Or call (949) 940-6725
THE FIRST QUESTION
E-2 eligibility starts with your passport.
The E-2 visa is only available to nationals of countries with a qualifying treaty of commerce and navigation with the United States. If your country isn't on the list, no amount of investment changes that — you'd need a different visa category entirely.
The treaty country list includes most of Europe, many Latin American and Asian nations, and dozens of others — but notably excludes some major economies. We confirm eligibility in the first five minutes of any consultation.
01
NO FILING DEADLINE, BUT TIMING STILL MATTERS
You can apply anytime — there's no annual window to catch. But plan 3 to 6 months ahead of your intended start date to account for consular interview scheduling.
02
THE "SUBSTANTIAL INVESTMENT" QUESTION
There's no fixed dollar threshold. The right number is proportional to the size of the business — and structuring the investment correctly from day one is what avoids denial.
TWO WAYS TO QUALIFY
Investor. Or key employee.
Same nationality requirement.
PRINCIPAL INVESTOR
Owning & Directing the Enterprise
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Must be a national of a treaty country
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Has invested, or is actively investing, substantial capital in a bona fide U.S. enterprise
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Entering the U.S. solely to develop and direct the investment
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Shown through 50%+ ownership or demonstrated operational control
TREATY EMPLOYEE
Executive, Supervisory & Specialized Roles
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Same nationality as the principal investor or employer
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Meets the legal definition of "employee"
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Holds an executive or supervisory role
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Or has special qualifications essential to the enterprise's efficient operation
THE INVESTMENT STANDARD
There's no dollar minimum. There's a proportionality test.
USCIS doesn't publish a fixed investment threshold. Instead, "substantial" is measured against three factors.
Proportional to enterprise cost
Substantial relative to the total cost of purchasing or establishing the business. Lower-cost businesses require a proportionally higher investment percentage.
Sufficient financial commitment
Enough capital at risk to demonstrate genuine commitment to the enterprise's success — not a token investment.
Capacity to succeed
Enough capital, structure, and resources that the enterprise is likely to actually operate and generate more than marginal income.
THREE SCENARIOS
However you're getting in, we've structured it before.
01 Starting a New Business
Building an enterprise from the ground up — the investment and the business plan are built together, and structured to satisfy USCIS from the outset.
02 Buying an Existing Business
Acquiring a going concern brings its own documentation demands — proving the purchase price, the source of funds, and your operational control after closing.
03 Franchise Ownership
Franchise agreements bring a template USCIS already recognizes — but the franchise fee alone rarely satisfies the substantial investment test on its own.
The E-2 does not lead directly to a green card.
Unlike the L-1A or O-1, the E-2 has no built-in path to permanent residence. E-2 holders who want a green card typically need to qualify independently — often through EB-5 investor status, a family-based petition, or an employment-based category tied to a different role. We build this into the conversation from day one, in our Rancho Santa Margarita office, so there are no surprises later.
01
What countries qualify for the E-2 visa?
Only nationals of countries with a qualifying treaty of commerce and navigation with the United States. The list includes most of Europe and many nations across Latin America and Asia, but it notably excludes some major economies — so it's worth confirming before you plan around this visa at all.
COMMON QUESTIONS
02
How much do I need to invest?
There's no fixed dollar minimum. USCIS measures "substantial" as proportional to the total cost of the business, sufficient to show genuine financial commitment, and enough to give the enterprise a real capacity to operate and grow.
03
Can I buy an existing business instead of starting one?
Yes. Acquiring a going concern qualifies, provided you can document the purchase price, the source of funds, and your operational control after closing — including franchise purchases.
04
Can my employees come with me on E-2 status?
Employees who share your nationality and either hold an executive or supervisory role, or bring special qualifications essential to the enterprise, can qualify for E-2 status as treaty employees alongside you.
05
Can my family come with me?
Spouses and unmarried children under 21 can accompany or join an E-2 principal or employee in E-2 dependent status. Spouses may also apply for work authorization.
06
Does the E-2 lead to a green card?
Not directly. Unlike the L-1A or O-1, the E-2 has no built-in path to permanent residence. E-2 holders who want a green card typically need to qualify independently — often through EB-5 investor status, a family-based petition, or a different employment-based category.
WHY THE GRADY FIRM
Not just paperwork.
Visa Strategy in Turbulent Times.
• Structuring your investment to meet the substantial capital test.
• Documenting operational control or majority ownership clearly enough to survive scrutiny.
• Building the treaty enterprise narrative USCIS expects to see.
• Coordinating timing between business formation and visa filing.
Not sure if your investment is "substantial" enough?
Our Orange County, California office works with treaty investors from around the world — get a straight answer before you commit capital.
LATEST INSIGHTS
Recent writing on the E-2 program.
