E-2 Treaty Investor Visa

E-2 Investor Visa Qualifications

To qualify for an E-2 Treaty Investor Visa, applicants must meet several key requirements. These requirements apply both to the investor and to the U.S. enterprise that serves as the treaty business.

Nationality of the Investor and the E-2 Business

• The investor must be a national of a treaty country. E-2 eligibility depends on citizenship; the investor’s passport country must maintain an E-2 treaty with the United States. In addition to the UK, all but five EU member states maintain such treaties, along with numerous other countries worldwide.
• The U.S. business itself must also possess the nationality of the treaty country. This is satisfied when treaty nationals own at least 50% of the enterprise. Ownership may be split between co-investors, who do not need to share the same nationality, as long as each is a treaty national.

Example: If a U.S. company is owned 50% by Belgian nationals and 50% by French nationals, once registered with a U.S. embassy, the company may subsequently send both Belgian and French nationals to the U.S. as E-2 employees in executive, supervisory, or specialized roles.

Investment Required

• The investor must have made, or be in the process of making, a substantial investment in the U.S. enterprise. The purpose of this requirement is to ensure the business is not speculative, but is or soon will be a real, operating, and successful enterprise.
• Importantly, there is no fixed minimum dollar amount required for an E-2 visa. Instead, adjudicating officers apply what is known as the proportionality test. This test measures the amount of qualifying funds invested against the overall cost of the business. The “substantiality” requirement is met when the investment is sufficient to ensure the successful development and operation of the enterprise.

Ultimately, the investment must:

1. Be sufficient to demonstrate the investor’s clear commitment to the success of the business;
2. Be adequate to ensure the business can become operational; and
3. Support the likelihood that the investor will successfully develop and direct the enterprise.

Examples: A boutique hotel may require approximately $500,000 USD to become operational, while a small IT consultancy might only require $70,000 USD. Both can qualify if the investment is adequate to launch and sustain the business.

Many lawyers mistakenly advise investors that they must put in at least $100,000 or even $250,000 USD. This is not accurate. Visa approvals are possible with investments under $100,000, provided the investment is sufficient for the specific enterprise.

Nature of the E-2 Enterprise

• The enterprise must be a real and operating commercial entity that produces goods or services. Startups can qualify if the adjudicating officer is convinced that, upon visa issuance, the enterprise will become active and generate commercial activity.
• The enterprise must be for-profit. Nonprofit organizations are not eligible.
• The enterprise must be more than marginal. This means it must have the capacity to generate more than minimal living income for the investor and their family, and ideally should create U.S. jobs.

Role of the Investor or Employee

• The investor must enter the U.S. to develop and direct the enterprise, typically demonstrated by at least 50% ownership or by holding a key managerial role.
• E-2 status can also be granted to qualifying employees of the enterprise, but only if they will serve in executive or supervisory roles, or if they are essential employees with specialized skills necessary for the business.

Intent to Depart

• All E-2 applicants must demonstrate that they intend to depart the United States once their E-2 status ends. The visa does not lead to permanent residency and is strictly a temporary, nonimmigrant status.

Tailored E-2 Visa Services

The firm’s Managing Attorney is an experienced E-2 visa lawyer with significant expertise handling investor visa cases across the UK and Europe. Unlike many other U.S. immigration categories, the E-2 visa is processed at the consular level, meaning the application must be filed at a U.S. embassy or consulate abroad. Each post has its own set of requirements and procedures, which can vary considerably.

Because the E-2 cannot be obtained from within the United States, applicants in the U.S. may only file for a change of status with USCIS. A change of status allows an individual to remain in the United States temporarily in E-2 status but does not result in the issuance of an actual visa. This distinction is important, as without a visa in one’s passport, the investor cannot re-enter the United States in E-2 status after traveling abroad.

U.S.-based immigration lawyers may have little or no experience filing E-2 applications with consular posts due to their location. While this does not prevent them from representing clients, it can be a disadvantage when consular-specific practices are unfamiliar. Barella Global, however, is strategically based in Europe, with offices in London and Brussels, and has extensive experience filing E-2 applications with the U.S. Embassies in London, Brussels, and numerous other European posts. This regional expertise enables our team to anticipate post-specific requirements and better guide clients through the process.

Processing times vary depending on the consular post, with some embassies offering appointments within a matter of weeks, while others may take several months.

While the E-2 visa is a nonimmigrant visa—meaning it does not directly lead to a green card—it may be renewed indefinitely so long as the underlying enterprise continues to qualify. Investors seeking permanent residence in the future may later transition to an alternative immigrant visa category, if qualified.

Eligible family members, including the investor’s spouse and unmarried children under 21, may accompany the principal applicant as E-2 derivatives. The spouse of an E-2 investor is authorized to work in the United States incidental to their E-2 status, while children may attend school but are not eligible for employment.

Contact our U.S. immigration law office today to arrange a confidential consultation with one of our E-2 visa lawyers in London or Brussels.