E-2 TREATY
INVESTOR
VISA COUNSEL
FOR ENTREPRENEURS
Substantial Business Investment, Operational Control & Indefinitely Renewable Residency Across the United States
Kameli Law architects audit-proof E-2 treaty investment petitions, structuring commercial corporate entities, source-of-funds documentation, 5-year business plans, and consular filings for global founders and franchise buyers.
Request an E-2 Investor ConsultationTreaty Investor Statutory Mandate
The E-2 Treaty Investor Practice Group at Kameli Law represents international founders, business executives, and commercial acquirers under INA § 101(a)(15)(E)(ii) and 8 CFR § 214.2(e). Designed for citizens of countries maintaining bilateral Commerce and Navigation Treaties with the United States, E-2 status authorizes investors to direct and develop an active commercial enterprise in which they have placed substantial capital at risk, offering rapid consular processing and indefinite multi-year renewals without rigid statutory investment caps.
Proportionality Standard
No Statutory Minimum Dollar Floor
Commercial Reality
Active, Real Operating Business Mandate
Economic Substance
Non-Marginal Job Creation Framework
Merely depositing funds into a corporate U.S. bank account does not qualify for E-2 status. Under 9 FAM 402.9, the investor’s capital must be subject to partial or total loss and irrevocably committed to the enterprise (through commercial leases, operational equipment purchases, inventory acquisitions, or escrow contracts contingent upon visa issuance).
E-2 Regulatory Standards
Select a focus area below to examine the proportionality test, source of funds tracing, and non-marginality requirements.
There is no statutory minimum dollar amount for E-2 classification. Consular officers apply the Proportionality Test: comparing the funds invested against the total cost of either creating a new business to the point of operational readiness or purchasing an established enterprise.
Show Proportionality Sliding Scale & Escrow Rules
The Sliding Scale Standard: For smaller enterprises (under $100k–$200k), the investment must represent 85% to 100% of the total cost; higher-value ventures qualify with lower percentages.
Irrevocably Committed Capital: Funds must be spent on physical assets, inventory, marketing, and leases, or held in escrow release agreements contingent strictly on E-2 approval.
Exclusion of Speculative Capital: Uncommitted cash reserves sitting in corporate bank accounts are excluded from the calculated substantial investment total.
Under federal law, an E-2 business must not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family. The business must generate jobs for U.S. workers.
Show Matter of Ho Business Plan Standards & Hiring Projections
5-Year Comprehensive Business Plan: Structured under strict *Matter of Ho* guidelines detailing pro forma financials, market entry, and staff hiring schedules.
Domestic Employment Creation: Demonstrating through payroll reports (W-2s) or projected hiring that the enterprise employs qualifying U.S. citizens or green card holders.
Substantial Economic Contribution: Proving independent commercial impact and community tax base growth beyond the investor's immediate livelihood.
The investor must document that the investment capital was acquired through legitimate legal means and directly controlled by the applicant. We compile complete paper trails from original earnings, asset liquidations, or bona fide gifts through every bank account into the U.S. commercial entity.
Show Acceptable Capital Origins & Tracing Protocols
Permitted Capital Origins: Accumulated business profits, real estate sales, personal savings, inheritances, or commercial loans secured by personal assets.
Unbroken Wire Transfer Trails: Providing foreign bank statements, international wire remittances, currency exchange proofs, and U.S. deposit receipts.
Exclusion of Enterprise Loans: Indebtedness secured by the assets of the E-2 enterprise itself cannot be counted toward the investor's at-risk capital.
The U.S. enterprise must be at least 50% owned by nationals of the designated treaty country. Spouses of E-2 investors receive E-2S status with automatic work authorization incident to status across any U.S. company, while unmarried children under 21 attend domestic schools.
Show E-2S Spousal Employment & Nationality Structures
Operational Control Mandate: The investor must own at least 50% of the enterprise or hold executive operational control via voting rights or bylaws.
Automatic Spousal Work Authorization: Spouses holding E-2S I-94 status are authorized to work for any employer immediately without waiting for an EAD card.
Permanent Residency Transition: Structuring expanding E-2 operations into direct EB-5 investments, EB-1C executive petitions, or EB-2 NIW green cards.
Investment Comparison
E-2 vs. EB-5 vs. L-1A Strategic Comparison Matrix
Evaluate regulatory requirements, capital investment minimums, and immigration outcomes across business pathways.
| Category Factor | E-2 Treaty Investor | EB-5 Immigrant Investor | L-1A Intracompany Transferee |
|---|---|---|---|
| Immigration Status | Nonimmigrant (Indefinitely Renewable) | Immigrant (Permanent Resident / Green Card) | Nonimmigrant (7-Year Statutory Cap) |
| Minimum Investment Floor | No Set Minimum (Proportionality Test) | $800,000 (TEA) / $1,050,000 (Non-TEA) | No Investment (Operational Funding Only) |
| Job Creation Requirement | Non-marginal (Typically 2–5+ jobs projected) | Strictly 10 Full-Time U.S. Jobs Created | Must support managerial/executive tiers |
| Treaty Country Prerequisite | Mandatory (50%+ Treaty Ownership) | None (Open to All Nationalities) | None (Open to All Nationalities) |
| Spousal Employment Rights | Automatic (E-2S Incident to Status) | Full Permanent Residency | Automatic (L-2S Incident to Status) |
Ready to Launch, Acquire, or Expand a U.S. Business?
Have our senior investor immigration attorneys review your capital source, business plan, and at-risk contracts.
Corporate Evidentiary Assembly
Institutional Strategy
Structuring Real Operating Ventures & At-Risk Capital Commitments
Consular posts rigorously investigate whether an E-2 enterprise is an active, functioning commercial business or a speculative paper company. Presenting executed contracts, a physical commercial facility, and clear capital commitments before scheduling the interview eliminates administrative processing delays.
Commercial Lease & Facility Evidence: Verifying executed commercial leases for office, retail, or industrial square footage (virtual office addresses trigger immediate refusals).
Franchise & Asset Purchase Audits: Reviewing asset purchase agreements, franchise disclosure documents (FDDs), and escrow release mechanisms for existing businesses.
Matter of Ho 5-Year Business Plans: Generating rigorous financial and staffing projections that prove the enterprise will create real W-2 jobs for domestic workers.
Our E-2 Petition Protocol
A four-stage tactical framework engineered to eliminate consular scrutiny and secure multi-year investor status.
Corporate & Source Audit
Forming the U.S. corporate entity (LLC/Corp), verifying treaty passport nationality, and assembling the lawful source of funds trail.
Capital Deployment
Executing commercial leases, purchasing equipment, funding escrow contracts, and deploying at-risk capital to satisfy proportionality.
Dossier Formulation
Drafting the comprehensive legal brief, compiling the 5-year business plan, and submitting Form DS-156E / Form DS-160 to the consular post.
Consular Interview & Entry
Conducting mock interview preparation for the investor, obtaining the E-2 visa foil, and facilitating automatic E-2S spousal work rights.
Frequently
Asked Questions
Authoritative answers on E-2 investment amounts, at-risk capital, business models, and green card bridges.
Is there a legally required minimum investment amount for an E-2 visa?
No statutory minimum investment dollar amount is established by federal immigration law. Consular officers evaluate substantiality using the Proportionality Test: the investment must be substantial in relation to the total cost of purchasing an established enterprise or setting up a new operational business. While typical successful investments range from $100,000 to $250,000+, lower amounts can qualify for low-overhead service or consulting businesses, provided the capital represents close to 100% of the funds needed to start operations.
What legally constitutes "At-Risk" capital under E-2 regulations?
Under 8 CFR § 214.2(e)(12), the investment capital must be subject to partial or total loss if the business fortunes reverse. Cash deposited in a commercial bank account does not count as invested capital because it can be withdrawn at will without risk. To satisfy the at-risk mandate, funds must be expended on non-refundable equipment, inventory, marketing agreements, and operational leases, or placed into an irrevocable escrow account that releases funds to the seller only upon the issuance of the E-2 visa.
Can I purchase an existing business or franchise instead of starting a new one?
Yes. Purchasing an existing U.S. operating business or investing in an established franchise model is highly favored by consular adjudicators. Existing businesses provide documented tax returns, active employee payroll records (W-2s), and historical financial statements that readily satisfy the non-marginality requirement. In franchise acquisitions, the proven operating model and established corporate support simplify establishing commercial viability.
Can a spouse of an E-2 visa holder legally work anywhere in the United States?
Yes. Spouses of principal E-2 treaty investors are admitted under E-2S nonimmigrant status. Under USCIS and Department of Homeland Security regulations, E-2S spouses are authorized to work in the United States "incident to status." This means the spouse has open-market, unrestricted work authorization immediately upon entering the country with their valid I-94 record, and can work for any employer without needing to apply for or wait to receive an Employment Authorization Document (EAD).
Can an E-2 treaty investor transition to a permanent U.S. Green Card?
While the E-2 visa is a nonimmigrant classification that does not directly convert into permanent residency, an investor can transition to a green card through separate immigrant pathways. As the business grows and achieves higher capital thresholds or creates at least 10 full-time jobs, the investor may transition into an EB-5 direct immigrant investment. Alternatively, if the business expands into an international corporate hierarchy with overseas operations, the investor may qualify for an EB-1C multinational manager green card, or pursue a self-petitioned EB-2 National Interest Waiver (NIW).
Build and Direct Your
Enterprise in the United States
Nearly 30 years of legal experience guiding international entrepreneurs, business buyers, and founders through E-2 treaty investments, entity structuring, and consular approvals.
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