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TREATY INVESTOR VISA

E-2 Visa: Live in the United States and run your own business

Renewable as long as your business operates, and with a work permit for your spouse. We explain the real requirements—not the myths—and assess whether your profile qualifies.

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THE ESSENTIALS

What is the E-2 visa and what does it allow you to do?

The E-2 is the visa for citizens of countries with a trade treaty with the United States who invest in a real and active business — owned, purchased or franchised — and travel to manage it in person.

It's not a permanent residency visa or an employee visa: it's a visa for entrepreneurs who invest their capital and labor in their own projects. As long as the business operates and meets the requirements, it can be renewed an unlimited number of times.

🏪 You buy an existing business — restaurant, workshop, shop already operating.
🏷️You acquire a franchise — a proven model with an established brand.
🚀 You create your company from scratch — you take your business model to the USA.
👔You are an executive or essential employee — of an E-2 company of your same nationality.

REQUIREMENTS

Who qualifies? The 6 requirements of the E-2

That's how a government official evaluates them. That's how we evaluate them in your consultation.

REQUIREMENT 1
Nationality of a country with a treaty
You must be a citizen of a country with a current E-2 treaty, and the company must be at least 50% owned by nationals of that country.
 
REQUIREMENT 4
Real and active company
A business that is actively operating or developing and producing goods or services. Passive investments—such as real estate held solely for rental income—do not qualify.
REQUIREMENT 2
Substantial investment
 
There is no legal minimum amount: the investment is measured in proportion to the total cost of the business. A small business requires investing a higher percentage.
REQUIREMENT 5
Non-marginal business
The company must generate more than the minimum sustenance for your family, or contribute to the economy by creating jobs in the U.S.
 
REQUIREMENT 3
Funds committed and at risk
 
The capital must be irrevocably committed to the company — not in your “ready to invest” account — and subject to a real risk of loss.
REQUIREMENT 6
You develop and manage
You need at least 50% ownership or actual operational control of the company, and you need to come and run it — not just watch from afar.
Want to know if your country has a trade agreement with the United States? Check the list.
requisitos
dos examenes

WHAT DECIDES YOUR CASE

The two exams your application must pass

Most E-2 denials can be explained by one of these two factors. Our methodology treats them separately, with the same rigor as an EB-5 case.

EXAM A

Lawful origin and route of your funds
Every dollar invested must be traced back to a documented legal source, transfer by transfer.
✅ Salaries and business income with tax support
✅ Sale of properties, shares or companies
✅ Inheritances and donations (with the donor's origin)
✅ Loans secured by own assets

EXAM B

Active investment in real companies
The business must actually operate: produce, sell, hire. Simply committing capital is not enough.
✅ Regular and continuous operation, not speculative
✅ Employees on payroll or credible hiring plan
✅ Income from operations, not just from appreciation
✅ Your daily presence leading the company

 
The most common pitfall: real estate. Buying properties to rent out and collect the rent is considered passive investment and is often overlooked. A real estate transaction only qualifies if there's an active business behind it: services, employees, and real operational management. If your plan is like this, discuss it with us before committing any funds.

THE MILLION-DOLLAR QUESTION

How much do I need to invest for
the E-2?

The law does not set a minimum amount. What is evaluated is proportionality : how much you invested compared to the cost of setting up that business.

The scale of proportionality
The smaller the business, the higher the percentage of total cost that should be invested. General guidance — each case is evaluated individually.
Low total cost business
It is expected that nearly 100% will be invested
Medium-cost business
high proportion of total cost
Large-scale project
the required proportion decreases
What really matters (more than the number)
In over 10 years of preparing investment cases, we've seen moderate investments approved and large investments rejected. The difference lies in:
100% traceable funds
exam A
Business already operating or about to operate
exam B
Credible 5-year business plan
non-marginality
Jobs for workers in the USA
extra strength
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PROCESO

OUR METHODOLOGY

Your E-2 case, step by step

1
WEEK 1
Feasibility study
We evaluate your nationality, your capital, your project, and your profile. If the E-2 isn't the best route for you, we'll tell you here.
2
BEFORE INVESTING
Audit of source of funds
We review and document the source and route of your capital — the A exam — before you move a single dollar.
3
DESIGN
Business structure
We establish or review the company: ownership, control, licensing, and the correct structure for the treaty.
4
EVIDENCE
5-year business plan
Realistic projections, hiring and operating plan that demonstrate an active and not marginal company — the B exam.
5
PRESENTATION
Complete file
Legal memorandum and evidence organized requirement by requirement, as read by the government official.
6
DECISION
Preparation and support
We prepare you for the interview (in consular cases) and answer any additional requests until the decision is made.
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Superposición de datos financieros

FAQ

Frequently Asked Questions

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US Visa LATAM provides legal assistance to individuals seeking to manage their immigration process. US Visa LATAM is owned and operated by attorneys and employs licensed attorneys for legal consultations. This entity is owned or managed (in whole or in part) by an attorney licensed by the Texas State Bar and is subject to the bar's rules. US Visa LATAM is not affiliated with or endorsed by USCIS. We support our clients through our methodology and tools for managing their immigration process. Only legal consultations and form review should be considered legal advice.

©2023 by US Visa LATAM

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