Treaty investors and traders
The E-2 visa is for nationals of countries that have a qualifying treaty with the United States who invest a substantial amount in a real, operating U.S. business that they will direct. The E-1 is for people and companies carrying on substantial trade between the United States and the treaty country. Both are temporary and can be renewed for as long as the business qualifies. Neither leads directly to a green card, so a long-term plan usually pairs them with another route, such as the multinational manager category.
Moving executives and opening a U.S. office
A company abroad can transfer a manager or executive to a U.S. parent, subsidiary, branch or affiliate on an L-1A visa, including to open a new office. Multinational managers and executives also have a first-preference route to permanent residence.
How the U.S. company is formed and owned affects which of these visas is available. We advise on how the company should be formed and owned so that it supports the visa you need. Forming the entity itself is a matter of state law, which is outside our practice, so we work alongside the corporate and tax advisors who do it.
Common questions
How much do I have to invest for an E-2?
The law does not set a number. The investment must be substantial in relation to the cost of the business and enough to make it succeed. What counts depends on the type of business.
Does my country have an E-2 treaty?
The State Department publishes the list of treaty countries. Nationality is what matters, not where you live.
Can I buy an existing business?
Yes. An E-2 investment can be in an existing business, as long as it is a real, operating enterprise and the other requirements of the visa are met.
Official sources
This page was written from the official sources below. Rules, forms and procedures change; check the agency for the current version.
This page is general information, not legal advice. Reading it or contacting the firm does not create an attorney-client relationship.