E-2 Visa is a non-immigrant Visa that allows foreign nationals to enter the United States for the purpose of directing and developing substantial investments made in a U.S. business. Investor must make a Substantial investment, which may include capital, goods and/or equipment. There is no required amount of investment.

For new startups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The investment will not be considered substantial if it is not large enough to capitalize the venture. The USCIS will use an ‘Inverted Sliding Scale’ to determine whether the investment is substantial in proportion to the overall cost of the enterprise.

E-2 Visa is typically granted for 2-year term E-2 may be renewed for unlimited amount of times, based on qualification. There is no set minimum level of investment that may qualify for E-2 status, but the lower the investment the less likely one is to qualify. Again, the level of investment must be sufficient to justify the treaty national (or his/her employees) presence in the United States.

A country with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the United States. A treaty country includes a foreign state that is accorded treaty visa privileges under Immigration and naturalization Act Section 101(a) (15) (E) by specific legislation.

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