E-2 Treaty Investor Visa

The E-2 Treaty Investor visa is a provision for international individuals who aim to manage and develop a company in the United States in which they have made, or are actively investing, a significant sum of money. This visa allows entry for individuals as owners, executives, supervisors, or specially skilled employees essential to the company’s operations. Eligibility for the E-2 visa is restricted to citizens from nations that have a commercial treaty with the United States and where nationals of the treaty country own at least fifty percent of the business. The State Department’s website provides an up-to-date list of such treaty countries at the Travel State website.

The criteria for what constitutes a significant capital investment are as follows:

  1. The investment must be considerable relative to the total cost of either buying an existing entity or starting a new one.
  2. The investment must be large enough to indicate the investor’s commitment to the endeavor’s success.
  3. The investment should be of a magnitude that convinces of the investor’s capacity to successfully manage and guide the enterprise.

The enterprise in question must be a bona fide, active commercial or entrepreneurial undertaking that produces services or goods with a profit motive. Furthermore, it must adhere to all legal prerequisites for conducting business within its jurisdiction.

Family Members

Spouses and unmarried children under the age of twenty-one (21) of the E-2 visa holder can qualify for E-2 dependent visa status. The spouse is eligible to seek employment authorization upon arrival in the U.S.

Validity Period

The E-2 visa remains valid as the holder continues to fulfill the visa’s conditions. The initial issuance is for no longer than two years, with the possibility of two-year increments upon extension.

Documentation Requirements for the E-2 Treaty Investor Visa

  • Verification that the individual is an executive, supervisor, or possesses specialized knowledge vital to the company’s operations
  • Confirmation that the sponsoring entity is actively conducting business
  • Proof of the individual’s citizenship from a qualifying treaty country (refer to the State Department website for a current list)
  • Confirmation that the business owner holds citizenship from an eligible treaty country
  • Documentation of the significant capital investment in the U.S.
  • Proof of the investor’s capability to effectively manage and lead the business
  • Evidence of the investor’s intent to return to their home country, which can include familial ties or other pertinent ties

At The Ahluwalia Firm, we focus on:

  • Diligent advocacy before the USCIS
  • Detailed evaluation of your specific situation
  • Strategic management of all communication with government bodies
  • Commitment to a client service model that aims for your utmost satisfaction

For further details on our services and how we can assist in preparing and filing the necessary paperwork for the E-2 Treaty Investor visa, please reach out to us for trustworthy guidance.


Dear Mr. Ahluwalia, I would like to thank you for all your help with Dr. xxx case. She and I were very impressed with your services and the professionalism that you showed both of us. I am referring you to a very good friend of mine who is opening a manufacturing plant and wants to bring his brother in as a partner/investor/employee from Italy. I am forwarding your information for xxxx to contact you and make arrangements accordingly. Thank you for all your help.

Dr. F.

Inderjit, thank you so very much. I sincerely appreciate all the effort you took to get this approved and your incredible patience. As xxx mentioned, we will only work with you for all our future H1's. Thanks once again.


Inderjit handled our immigration matter in reference to my parents. We approached him and found him extremely pleasant to work with. In addition to his knowledge of the law, he guided us very well throughout the process. I would recommend him very strongly to anyone in matter of immigration.

Ajay (Avvo Reviewer)


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