E-2 Visa Lawyer NYC

Are you an entrepreneur or investor seeking to launch or expand your business in the United States? The Shapiro Lawyers in New York City are your trusted partners for all E-2 visa and investor immigration matters.

What is the E-2 Treaty Investor Visa?

The E-2 visa is a nonimmigrant investor visa that allows nationals of treaty countries to invest in and manage a business in the United States. The E-2 visa is ideal for entrepreneurs, business owners, and investors who want to establish, purchase, or grow a U.S. business. Unlike many other business visas, the E-2 can be renewed indefinitely as long as the business remains operational and all requirements are met.

Spouses and children under 21 can also obtain E-2 status, with spouses eligible for work authorization and children able to attend school in the U.S.

E-2 Visa Requirements

Treaty Country: The applicant must be a citizen of a country that maintains a qualifying treaty with the United States. See the full list of treaty countries.
Substantial Investment: The investor must make a substantial investment in a new or existing U.S. business. There is no fixed minimum, but the investment must be significant relative to the total cost of the business and sufficient to ensure the investor’s commitment to success.
Active Involvement: The investor must develop and direct the business, playing an active managerial or executive role.
At Risk Funds: The investment must be at risk for the purpose of generating a profit. Loans secured by the assets of the business do not qualify.
Non-Marginal Enterprise: The business must have the present or future capacity to generate more than minimal living income for the investor and their family, typically within five years.
Intent to Depart: The applicant must intend to leave the U.S. when E-2 status ends.

Who Qualifies for the E-2 Visa?

Entrepreneurs and business owners from treaty countries
Investors seeking to purchase or expand a U.S. business
Managers and executives overseeing U.S. operations
Employees with essential skills critical to the business’s success (must be the same nationality as the investor)

Employees must serve in an executive, supervisory, or essential capacity. Essential employees must demonstrate unique expertise or skills not readily available in the U.S. labor market.

What is Considered a “Substantial Investment”?

There is no set minimum investment for the E-2 visa, but the amount must be substantial in relation to the total cost of the business. For lower-cost businesses, a higher percentage of investment is required (often 100% for businesses under\$100,000). For higher-cost businesses, a lower percentage may suffice. The investment must be sufficient to ensure the investor’s financial commitment and the business’s viability.

Funds must be irrevocably committed and at risk. Acceptable sources include personal savings, gifts, inheritance, or unsecured loans backed by the investor’s personal assets.

Marginality and Business Plan Requirements

The E-2 business cannot be marginal. It must have the present or future capacity to generate more than minimal living income for the investor and their family. A detailed five-year business plan is essential to demonstrate projected growth, job creation, and profitability. Our attorneys work with you to craft a compelling business plan that meets USCIS standards.

E-2 Visa Benefits

Renewable Status

E-2 visas are valid for two years and can be renewed indefinitely as long as the business remains operational.

Family Inclusion

Spouses and unmarried children under 21 can accompany the E-2 visa holder. Spouses can apply for work authorization; children can attend school.

Travel Flexibility

E-2 visa holders can travel freely in and out of the U.S. during their stay.

No Quota Limits

There is no annual cap on the number of E-2 visas issued.

Business Growth

Ability to expand and manage your own business in the U.S. market.

E-2 Visa Application Process

Consult with an E-2 Visa Attorney: Start with a case evaluation to determine eligibility and develop a strategy.
Prepare Investment and Business Plan: Make the required investment and develop a detailed business plan.
Gather Documentation: Collect evidence of investment, business operations, and source of funds.
Prepare and File Application: Submit Form DS-160 (if applying abroad) or Form I-129 (if changing status in the U.S.), along with supporting documents.
Consular Interview or USCIS Adjudication: Attend an interview at a U.S. consulate or await USCIS decision if applying from within the U.S.
Receive E-2 Visa: Upon approval, begin or continue business operations in the U.S. and renew status as needed.

Processing times vary by consulate and case complexity. Our attorneys guide you through every step, from initial consultation to final approval.

Required Documentation for E-2 Visa

Form DS-160 (Nonimmigrant Visa Application)
Form DS-156E (Treaty Investor Application)
Valid passport and passport photos
Curriculum Vitae (CV) or resume
Business formation documents (incorporation, share certificates, contracts, licenses, receipts, lease)
Evidence of transfer and source of funds (bank records, wire transfers, tax returns, property records, loan documents)
Evidence of business operations (marketing materials, financial statements, tax returns, payroll records)
Five-year business plan
Evidence of employment as a supervisor, executive, or essential employee (if applicable)

Including Employees and Family Members

E-2 visa holders can bring qualifying employees and family members to the U.S.:

Employees

Must be the same nationality as the investor and serve in executive, supervisory, or essential roles.

Spouses

Eligible for work authorization and can work anywhere in the U.S.

Children

Can attend school or college in the U.S. but are not eligible for work

Frequently Asked Questions About E-2 Visas

When you are looking for an “immigration lawyer near me” the Shapiro Law Firm is conveniently located just steps away from NYC’s Charging Bull in the heart of New York’s financial district. Our experienced entry visa attorneys have helped thousands of clients locally, nationally and

What is a E2 Visa?

The E2 Visa is a non-immigrant visa that exists for foreign investors that are citizen of “treaty countries” to enter the United States and open or purchase an existing business based on a substantial investment in a U.S. business. This visa is ideal for entrepreneurs looking to develop and direct their investment enterprise in the U.S.

What is the exact amount for a "substantial investment" for an E2 Visa?

The amount varies. To qualify, you must make a “substantial investment” in a legitimate business. This means providing enough capital to ensure the business can operate successfully. Since different businesses require different amounts to sustain them selves “substantial investment” varies depending upon the business. The investment can be used to purchase an existing business or to start a new one, and the required amount will vary based on the type of business. Importantly, the investment cannot be marginal—it must generate enough profits to support more than just you and your immediate family.

Can you renew an E2 Visa?

E2 Visas are considered “nonimmigrant visas” and you must show that you intend to depart the U.S. at the end of your authorized period of stay. However E-2 visas can be renewed indefinitely, as long as the business continues to meet the stated requirements.

What are the eligibility requirements of an E-2 Visa?

Real Operating Enterprise:

The business must be a real and active commercial or entrepreneurial undertaking. Passive investments, such as owning property, do not qualify.

Role in the Business:

Applicants must be coming to the U.S. to “develop and direct” the enterprise. One must have at least 50% ownership and or have operational control. That means the applicant has the knowledge and experience needed to develop and direct the particular business. E-2s can also be filed for employees of the business. E-2 employees must be from the same treaty country as the principal applicant.

Treaty Country Nationality:

One must be a citizen of a country that has a treaty of commerce and navigation with the United States.

Source of funds: Applicants need to show that the source of funds has been obtained through lawful means. Examples include, savings from income, gifts, personal loans or sale