1. Overview of the E-2 Treaty Investor Visa
The E-2 Treaty Investor Visa is one of the most effective and flexible options for entrepreneurs and investors from Europe, Asia, and South America who wish to live, work, and build a business in the United States.
Authorized under Section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (INA) and 8 C.F.R. § 214.2(e), the E-2 Visa allows nationals of treaty countries to direct and develop an enterprise in which they have made, or are actively making, a substantial investment.
At Eren Legal, we guide international investors—from Turkey, Germany, France, Argentina, Chile, Colombia, Ecuador, and Paraguay—through every stage of the E-2 Visa process with precision, professionalism, and strategy.
2. Legal Requirements for E-2 Visa Eligibility
a. Treaty Country Citizenship
- Applicants must be citizens of a nation that maintains an E-2 Treaty with the United States.
- Qualifying countries include many across Europe, Asia, and South America, such as Turkey, Italy, Spain, Japan, South Korea, Argentina, Chile, Colombia, Ecuador, and Paraguay.
- At least 50% ownership of the business must belong to nationals of the same treaty country.
b. Substantial Investment
The investment must be proportionate to the total cost of the enterprise and sufficient to ensure its success. Funds must be:
- Lawfully obtained from legitimate sources;
- Irrevocably committed to the business; and
- At risk, meaning they are subject to loss if the business fails.
Note: Most successful E-2 cases involve investments between $100,000 and $300,000, depending on the industry and scale.
c. Real and Operating Enterprise
The business must be bona fide—a real, active, and operating commercial venture producing goods or services. Passive or speculative investments are not eligible.
d. Marginality Test
The enterprise must not be "marginal." According to 8 C.F.R. § 214.2(e)(15), the business must have the capacity to generate employment or produce income significantly greater than that needed to support the investor and family.
e. Investor's Role
The investor must direct and develop the business, shown through ownership control or an executive management role. Passive investors are not eligible.
3. Duration, Renewal, and Family Benefits
- The E-2 Visa is typically valid for up to five years (depending on reciprocity agreements) and can be renewed indefinitely while the business remains operational.
- Spouses are eligible for work authorization in the U.S.
- Children under 21 can attend schools and universities without an additional visa.
Note: This makes the E-2 Visa a practical and family-friendly solution for investors relocating from Europe, Asia, or South America.
4. Common Legal Challenges
Common reasons for E-2 denials include:
- Failure to prove that investment funds are lawfully sourced and at risk;
- Business deemed marginal or speculative;
- Inadequate documentation of ownership control; or
- Insufficient proof of real business activity.
Note: At Eren Legal, our attorneys anticipate and eliminate these weaknesses, ensuring every case meets the USCIS and U.S. Consular standards for approval.
5. Advantages of the E-2 Visa
- Fast processing with no quota or waiting list.
- No minimum investment requirement.
- Unlimited renewals while business operations continue.
- Spouse and children included.
- Freedom to expand or diversify business operations across the U.S.
6. Legal Representation and Strategy
As a global business immigration law firm, Eren Legal provides comprehensive representation to E-2 investors:
- Structuring and documenting lawful investments;
- Drafting immigration-compliant business plans;
- Preparing complete E-2 Visa petitions;
- Representing clients before U.S. Consulates worldwide; and
- Advising on future transitions to EB-2 NIW, EB-5, or permanent residency.
Note: We combine legal precision and business strategy to deliver measurable, long-term results.
7. Why Choose Eren Legal
Eren Legal proudly serves clients from Europe, Asia, and South America, helping investors, entrepreneurs, and business owners establish and expand their U.S. operations.
Whether you are an Argentinian entrepreneur, a European investor, or an Asian business owner, our attorneys provide the legal expertise and strategic guidance you need to succeed in the United States.
8. Schedule Your Consultation
If you are ready to invest in your future and establish your business in the United States under the E-2 Visa, contact Eren Legal today.
Our experienced E-2 Visa lawyers will evaluate your eligibility, structure your investment, and guide you through every step of the process.