The E-2 Treaty Investor Visa offers a unique opportunity for foreign nationals to live and work in the United States by investing in a U.S. business. If you are a citizen of a treaty country and plan to invest in a new or existing business in the U.S., the E-2 visa may be the ideal path for you.
At Zepeda Law Firm, we work with investors and entrepreneurs in Fort Worth, Texas, and across the U.S. to guide them through the E-2 visa process. Whether you are starting your own company or purchasing a franchise, we help ensure your investment meets all legal requirements and positions you for long-term success.
What Is the E-2 Visa?
The E-2 visa is a nonimmigrant visa for individuals from countries that maintain a treaty of commerce and navigation with the United States. It allows foreign investors to enter and work in the U.S. based on a substantial investment they have made or are actively in the process of making in a U.S. enterprise.
This visa is particularly attractive because it is renewable as long as the business remains operational and meets E-2 requirements. While it does not lead directly to a green card, many E-2 investors enjoy long-term stays in the U.S. through renewals.
Who Qualifies for an E-2 Visa?
To qualify for an E-2 Treaty Investor Visa, you must meet the following criteria:
- Treaty Country Citizenship: You must be a citizen of a country that maintains a qualifying treaty with the United States.
- Substantial Investment: Your investment must be substantial in relation to the total cost of either purchasing an existing business or starting a new one. There’s no fixed minimum, but it must be enough to ensure the investor’s financial commitment.
- Active Investment: The investment must be in an operating business, not a passive investment like purchasing stocks or undeveloped land.
- Control and Ownership: You must own at least 50% of the enterprise or possess operational control.
- Business Viability: The business must be more than marginal; it should generate income that supports more than just the investor and their family.
- Intent to Depart: Since this is a nonimmigrant visa, you must intend to depart the U.S. when your E-2 status ends.
The E-2 Visa Application Process
Applying for an E-2 visa involves several steps, and careful planning is essential. Zepeda Law Firm assists clients through each phase:
Investment Preparation
Before applying, you must have already committed the funds or be in the process of investing. This includes:
- Forming a U.S. legal entity (e.g., LLC or corporation)
- Transferring funds to a U.S. bank account
- Signing leases, contracts, or purchase agreements
- Developing a business plan demonstrating viability and job creation
Visa Petition Filing
Once the investment is active or in progress, you must submit the required documentation, which may include:
- Form DS-160 (Online Nonimmigrant Visa Application)
- A comprehensive business plan
- Proof of lawful source of funds
- Evidence of nationality and ownership
- Financial projections and tax records (if applicable)
Depending on your location, this application is filed through a U.S. Consulate or USCIS if you’re already in the United States.
Interview and Approval
If filing through a consulate, you will be scheduled for an interview where you must present your business case and demonstrate your eligibility. If approved, you will receive your E-2 visa, which typically allows stays of up to two years per entry, with unlimited renewals as long as the business continues to qualify.
Benefits of the E-2 Visa
- Renewable Stay: Unlimited extensions, as long as you maintain the business
- Spouse and Children: Your spouse can apply for work authorization, and children under 21 can attend school
- Flexible Business Options: Start your own company or invest in an established business, or franchise
- No Visa Lottery or Quota: Unlike other visa categories, the E-2 is not subject to annual caps
How Zepeda Law Firm Helps E-2 Visa Investors
Navigating the E-2 process requires more than filling out forms. At Zepeda Law Firm, we offer strategic legal guidance tailored to your business goals. Here’s how we support our Fort Worth clients:
- Entity Formation & Investment Structuring: We help set up your business in compliance with E-2 regulations and ensure your investment is documented appropriately.
- Comprehensive Business Plans: Our team works with financial professionals to prepare compelling business plans that meet U.S. immigration standards.
- Visa Application Support: From assembling your application packet to preparing for the consular interview, we’re with you every step of the way.
- Ongoing Compliance Guidance: Once your visa is approved, we continue to advise on renewals, employee hiring, and compliance with immigration and business laws.
Start Your E-2 Journey with Zepeda Law Firm Today
If you’re a foreign investor seeking to establish or expand your business in the United States, the E-2 visa could be your gateway to opportunity. Zepeda Law Firm proudly serves clients throughout Fort Worth, Texas, offering legal support tailored to investors and entrepreneurs.
Contact us today to schedule a consultation and take the first step toward bringing your business vision to life in the U.S.