E-2 Investor Visa and US Small Business Ownership

The E-2 Visa is a Way for a Foreign National to Purchase and Operate a US Small Business

The E-2 visa is a non-immigrant visa, available to countries from nations which have bilateral investment, commerce, and navigation treaties with the United States. Individuals who qualify will have made a substantial investment in a United States company, and wish to come to the U.S. to develop and direct the business operations of that enterprise. You may check the list of qualifying countries through the US Citizenship and Immigration Services USCIS.

Application Requirements

• The investor is a national of a country with whom the U.S. has the requisite treaty or agreement.


• The foreign investor (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise) will direct or develop the enterprise.


• The foreign investor must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means.


• The investor has invested in or is actively in the process of investing in the enterprise.


• The investment is substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise.


• The investment enterprise is not a marginal enterprise.


• If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.


• The employee has the same nationality as the principal foreign employer.

How to Obtain E Visa Status

If an applicant is abroad, he must apply for issuance of the E visa stamp at a U.S. Consulate or embassy. The E visa application must document that the U.S. company qualifies as a treaty investor or treaty trader company, and that the individual applicant meets the criteria as an executive, supervisor/manager or essential employee. The E visa stamp can be issued valid from less than a year up to 5 years depending on reciprocity between the U.S. and the foreign treaty country. However, upon each entry to the U.S., the I-94 card is issued for a validity period of 2 years stay in the U.S.

Applicants physically present in the U.S. in a different visa status may be eligible to change to E status by filing an application with the US Citizenship and Immigration Services (USCIS). The E visa status allows the employee to work for the petitioning company only. However, an E-1/E-2 approval notice from USCIS for a change of status cannot be used to re-enter the US after travel abroad; a visa stamp must be applied for and issued by a US Consulate abroad.

Dependents (spouses and unmarried children under 21 years of age) of an E-1 or E-2 nonimmigrant will be admitted under same classification as the principal. The dependent spouse and child(ren) are not required to have the same nationality as the principal alien. Effective January 16, 2002, spouses of E-1 treaty traders or E-2 treaty investors who have been admitted to the United States are authorized employment without restrictions.

Many countries have either trade or investment treaties, or both, with the United States. The following are some of the countries having both types of treaties with the United States: Australia; Canada; France; Germany; Italy; Japan; Korea; Mexico; Pakistan; Philippines; Singapore; Taiwan; Sweden; Switzerland; Thailand; and the United Kingdom. A listing of countries that the US currently has treaties with can be downloaded from the State Department’s Foreign Affairs Manual (select 9 FAM 41.51 Exhibit 1 to obtain the correct list).

E Visa Applicant

• Resume or CV (with detailed description of job duties and dates of employment)
• Copies of diplomas, degrees, and certificates Evidence of nonimmigrant status if present in the U.S. (visa, I-94, approval notices)
• Copies of passports of E Applicant and all dependents (include relationship and current address)
• Detailed job description for U.S. position

US Company/Commercial Enterprise

• Annual Report or Certificate of Incorporation and Articles of Incorporation
• Stock certificates (showing total ownership of the company)
• Business registration, business license, business permits, DBA’s
• Commercial lease
• Brochures, catalogs, promotional and product literature, and advertisements
• Evidence of trade; invoices, contracts, bills of lading, and other business documentation
• Photographs of the business
• Corporate tax returns (IRS 1120, IRS 941, TWC C-3)
• Financial statements
• Bank account statements
• Wire transfers; certified checks or other evidence of capitalization of the company
• Corporate organizational chart
• Company information to complete Form DS 156E

Foreign Company (if applicable)

• Annual report or Certificate of Incorporation and Articles of Incorporation
• Business registration, business license, business permits
• Company information (history, facilities, products, # of employees, clients)
• Commercial lease
• Brochures, catalogs, promotional and product literature, and advertisements
• Invoices, contracts, bills of lading and other business documentation
• Photographs of the business
• Corporate tax returns
• Financial statements (balance sheet, income Statement, asset & deficit, payroll)
• Bank account statements

This information was provided to us courtesy of Gordon Quan of Quan, Burdette & Perez P.C., the leaders in immigration law in Houston. They assist US companies and individuals with the E visa process.