The E-2 visa is a U.S. nonimmigrant treaty investor visa. It allows nationals of treaty countries to enter the U.S. to develop and direct an enterprise in which they have made a substantial investment. The E-2 is for the principal investor/owner and certain key employees of the enterprise. Examples of equestrian related businesses may include product manufacturing, training or sales barns, industry service providers, etc.

  • Nationality (Treaty): The applicant must be a citizen of a country with which the U.S. maintains a qualifying investment treaty.
  • Substantial Investment: The investor must invest capital in a bona fide U.S. enterprise. The investment must be substantial relative to the business’s total cost (often tens or hundreds of thousands of dollars) and sufficient to ensure the business’s success.
  • Business Operations: The enterprise must be real, active, for-profit, and not marginal (it should have future capacity to generate more than minimal living for the investor).

Typically, the investor must own at least 50% of the business or otherwise have operational control. The investor must be coming to direct and develop the enterprise (executive or managerial role). Key employees of the enterprise (executives, managers, or persons with critical skills) may also qualify under the E-2 visa.

E-2 status allows the investor or qualifying employee to work only for the investing enterprise. A spouse and unmarried children (under 21) may accompany on E-2 dependent visas. The spouse may obtain work authorization; children may attend school but cannot work. There is no U.S. residency requirement (investors need not maintain foreign domicile), but the intent at each admission must be nonimmigrant (temporary).

Processing Time and Validity: E-2 visas are generally issued in 2-year increments. Investors can apply to extend status indefinitely as long as the business operates and the treaty remains in force. USCIS processing (for change of status) or consular processing typically takes a few months. Premium processing is often available for E-2.

For E-2 investor visas, contact our office. We assist entrepreneurs with business planning, preparing comprehensive documentation of the investment, and navigating the treaty requirements and visa applications.