For foreign investors and entrepreneurs, the E-2 visa offers a unique opportunity to live and work in the United States by investing in a U.S. business. At Garcia Immigration Law, LLC in Orlando, we provide legal guidance to individuals and business owners seeking to navigate the E-2 visa process and establish their presence in the U.S.

What Is an E-2 Visa?

The E-2 visa is a non-immigrant visa that allows nationals of certain treaty countries to enter the United States for the purpose of developing and managing a business in which they have invested—or are actively investing—a substantial amount of capital. The visa is designed to encourage international investment and strengthen the U.S. economy through foreign entrepreneurship.

Who Can Apply for an E-2 Visa?

To qualify for an E-2 visa, applicants must meet the following criteria:

1. Be a National of a Treaty Country

You must be a citizen of a country that has a commerce and navigation treaty with the United States. A full list of eligible countries can be found on the U.S. Department of State website.

2. Make a Substantial Investment in a U.S. Business

There is no fixed dollar amount required, but the investment must be substantial relative to the cost of starting or buying the business. It must also be sufficient to ensure the successful operation of the enterprise.

3. Invest in a Real Operating Enterprise

The business must be an active, for-profit venture producing goods or services. Passive investments, such as purchasing real estate for personal use, do not qualify.

4. Be Entering the U.S. to Develop and Direct the Business

You must demonstrate control of the investment funds and a key role in managing the enterprise. This typically means owning at least 50% of the business or holding a leadership role.

5. The Business Must Not Be Marginal

The business should have the capacity to generate more than minimal living income for you and your family or create job opportunities for U.S. workers.

Benefits of the E-2 Visa

• Can be renewed indefinitely as long as the business remains operational and meets all requirements
• Spouses of E-2 visa holders may apply for work authorization
• Children under 21 can attend school in the U.S.
• Faster processing compared to many immigrant visa options



How Garcia Immigration Law, LLC Can Help

Applying for an E-2 visa involves detailed documentation, business planning, and consular processing. At Garcia Immigration Law, LLC in Orlando, we assist investors and entrepreneurs from treaty countries in building strong applications, organizing necessary financial and business records, and navigating the interview process.