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E-2 Visa

This memorandum briefly outlines the formal and substantive requirements for obtaining an E-2 Treaty Investor Visa (commonly referred to as an E2 Visa).

Formal Requirements For An E2 Visa

  • Treaty and nationality:
    • Treaty of Commerce and Navigation between the United States and the applicant’s home country
    • Applicant and/or business possess the nationality of the treaty country
    • If a business entity, it must be at least 50% by treaty country national

Substantive Requirements For An E2 Visa

  • Applicant has invested or is actively in the process of investing:
    • Evidence of establishment of business in the United States (articles of incorporation, partnership agreement, organization and staffing charts, shares, titles, contracts, receipts, licenses, leases, etc.)
    • Evidence of investment in the United States (titles, receipts, contracts, loans, bank statements, etc.)
    • Evidence of possession and control of investment funds (bank records, financial statements, loans, savings, promissory notes, etc.)
    • Evidence of remittance to the United States (bank drafts, transfers, exchange permits, receipts, etc.)
  • Enterprise is a real and operating commercial enterprise:
    • Evidence that the business is a real, operating enterprise (annual reports, catalogs, sales literature, news articles, and other evidence as appropriate)
    • Business licenses, professional licenses, etc.
  • Applicant\’s investment is substantial:
    • Evidence of   substantiality   in   relation   to  total  investment   (financial statements, audits, U.S. corporate or business tax returns, etc.)
    • Will be met if applicant acquires or funds 100% of the enterprise
  • Investment is more than a marginal one solely for earning a living
    • Evidence that the enterprise is not marginal (payroll records, employment contracts, personal tax returns, evidence of other personal assets and income)
    • Five-year business plan
  • Applicant is in a position to “develop and direct” the enterprise:
    • Evidence of at least 50 percent ownership of the enterprise (articles of incorporation, partnership agreement, shareholders’ agreement, etc.)
    • Evidence that the applicant, through ownership or by other means, develops and directs the activities of the enterprise (partnership agreement, shareholders’ agreement, management agreement, etc.)
    • Curriculum vitae of the applicant
  • Applicant intends to depart the United States when the E-2 status terminates:
    • Statement from the applicant is sufficient
    • Does not preclude visa extensions or later adjustment of status


If you need to form a business, contact an attorney at The Sterling Firm. We have an attorney experienced in preparing E2 Visas. We can help! Call (310) 498-2750 now to speak with an attorney! Learn more by visiting the U.S. Citizenship and Immigration Services website.


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Justin Sterling, Esq. is a leading personal injury attorney and civil litigator.  Mr. Sterling is the founder of The Sterling Firm, a top-rated law firm with its original headquarters in Los Angeles, California. The Sterling Firm has a client base that stretches not only across the nation but also around the globe. We offer experienced and driven legal counsel for your matter.  We handle insurance claims and civil lawsuits, including those that arise from catastrophic and severe personal injury.

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Tags: e visa, e-2 visa, e2 investor, e2 treaty, e2 visa, immigration, visa
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