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Immigration

E-2 treaty investor visa

For nationals of treaty countries investing in a real, operating US business.

What this involves

The E-2 lets a national of a country that holds a qualifying treaty with the United States come here to direct and develop a business they have invested in. There is no fixed dollar figure in the law. What matters is that the investment is substantial in proportion to the business, that the money is irrevocably committed and genuinely at risk, and that the business is a real active enterprise rather than a passive holding. The business plan is not a formality here. It carries the case.


What has to be shown

  • You are a national of a country with a qualifying treaty with the United States
  • You have invested, or are actively in the process of investing, a substantial amount
  • The funds are at risk and lawfully sourced, and you can document where they came from
  • The business is real, active, and not marginal, meaning it does more than provide a minimal living
  • You own at least half the business or otherwise control it, and you are coming to direct and develop it

Whether any of this applies to you depends on your facts, and every case is different.


How we handle it

  1. We confirm treaty eligibility and review the structure of the investment
  2. We build the source of funds record, tracing the money from its origin
  3. We prepare the business plan and the financial documentation that supports it
  4. We file with the consulate or, where you are eligible, request a change of status
  5. We prepare you for the interview and respond to any follow up requests

Why timing matters

Treaty investor cases are document driven, and gathering a clean source of funds record takes longer than most people expect. Starting early also avoids committing money in a structure that will not support the application.

Free 15-minute strategy call.


Questions people ask

How much do I have to invest?

There is no set minimum. The amount has to be substantial relative to the cost of the business, and enough to make it operational.

Can I buy an existing business?

Yes, and that is common. The purchase has to be documented and the business still has to meet the requirements.

Can my family come?

A spouse and unmarried children under 21 may generally accompany you. Spouses are typically eligible to apply for work authorisation.

See all immigration cases we handle

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Amanda Gagliano, founding attorney
Gagliano Law

Immigration

A Clearer Path Starts Here

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