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Practice Areas · E-2

E-2Investment and business operation in the United States

The E-2 visa is available to investors from treaty countries, allowing them to direct and develop a U.S. business through a substantial investment.

Non-immigrant visaRenewableSpouse work authorization
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Overview

What the E-2 visa is

The E-2 enables entrepreneurial activity in the United States through a substantial investment in a real, operating, non-marginal U.S. business. It is a renewable visa with no statutory maximum term.

A visa grounded in a bilateral treaty between the United States and the investor's country. It requires eligible nationality, a substantial investment, a real operating business and the investor's active role in its direction.

Eligibility

Core criteria

  • Nationality of a country with an in-force commercial treaty with the United States.
  • Substantial investment in proportion to the nature of the business.
  • Real, operating, non-marginal enterprise capable of generating more than minimal livelihood.
  • Investor's active role in directing and developing the enterprise.
  • Funds of lawful origin, fully traceable.
Benefits

Key benefits

  • Ability to reside legally in the United States.
  • Freedom to operate one's own U.S. business.
  • Spouse may apply for work authorization.
  • Children may study in the United States.
  • Renewable indefinitely while the business remains operational.

Talk to our team about E-2.

Assess with our attorneys whether E-2 is the most suitable strategy for your professional and family trajectory.

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Process

How we build an E-2 case

  1. 01

    Structuring of the U.S. entity, governance and ownership.

  2. 02

    Documentation of the investment and full traceability of funds.

  3. 03

    Technical business plan showing feasibility and job creation.

  4. 04

    Consular processing or change of status, as applicable.

“Immigration is a strategic decision. Every trajectory requires an individualized analysis and a legal structure built around the client's objectives.”

André Linhares, Esq.Founding Attorney · Linhares Law
Frequently Asked Questions

Clarifications on E-2.

There is no fixed amount in law. The investment must be substantial in proportion to the business and sufficient to support sustainable operations.

No. Brazilian nationals typically need to acquire an eligible nationality first, for example through European or another qualifying country citizenship, before applying for the E-2.

The E-2 is non-immigrant. Moving to permanent residence requires qualifying under an immigrant category such as EB-2 NIW, EB-1 or EB-5.

Yes. Franchises are widely accepted, provided the investment is substantial, the business is operational and the investor takes an active role in management.

The visa is typically issued for up to five years and may be renewed indefinitely while the business remains operational.

No. The E-2 allows residence but does not impose it. Many investors spend part of the year in the U.S. and keep activity in their home country.

Yes. The corporate structure may include international operations, provided the U.S. company maintains real and meaningful activity.

No. Once dependents turn 21 they no longer qualify and must obtain their own immigration status.

Yes, provided the entities are related and the investor keeps an active role in the businesses tied to the visa.

The E-2 loses its basis if the business ceases operations. Strategic planning contemplates contingencies and alternative immigration paths.
Related Areas

Other immigration strategies.

EB-2 NIW

Green Card through the National Interest Waiver

For highly qualified professionals whose work advances the interests of the United States. The EB-2 NIW allows the applicant to petition for a Green Card without an employer sponsor or a job offer, offering a strategic path for researchers, physicians, engineers, entrepreneurs, executives and other specialists with a distinguished record.

EB-1

Green Card for professionals of international standing

One of the most distinguished employment-based immigrant categories, reserved for individuals who have achieved meaningful recognition in their fields.

L-1

Corporate expansion into the United States

The L-1 facilitates the transfer of executives, managers and specialized-knowledge professionals to the U.S. operations of international companies.

Schedule a strategic consultation.

Start an institutional conversation with our attorneys and assess whether E-2 is the right strategy for your objectives.

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