E-2 Treaty Investor Visa 

Invest with Confidence: Secure Your U.S. Business Future Through the E-2 Visa

In a world increasingly driven by cross-border commerce and global entrepreneurship, the E-2 Treaty Investor Visa serves as a gateway for international investors to establish and manage thriving business ventures in the United States. More than just a temporary work authorization, the E-2 Visa is a strategic opportunity for nationals of treaty countries to actively contribute to the U.S. economy—while creating a legal foundation for long-term growth and family stability.

At OCHOA PLLC, we bring precision, professionalism, and global vision to your E-2 visa strategy. Whether you are launching a start-up, acquiring an existing company, or expanding your international brand into the American market, we provide comprehensive legal services designed to help you secure and maintain your E-2 status.

What Is the E-2 Treaty Investor Visa?

The E-2 Treaty Investor Visa is a nonimmigrant visa category that allows nationals of certain treaty countries to enter the United States for the purpose of investing in and directing the operations of a commercial enterprise. Unlike green cards or employment-based immigrant visas, the E-2 visa is specifically crafted to foster foreign direct investment while requiring the applicant to retain ownership or leadership in the U.S. business.

This visa does not require a specific investment amount mandated by law. Instead, it focuses on whether the investment is “substantial” in relation to the business being developed. The visa can be renewed indefinitely, provided the underlying business continues to operate and meet eligibility criteria, offering an appealing long-term path for international entrepreneurs.

Who Qualifies for the E-2 Visa?

To qualify for an E-2 Treaty Investor Visa, the applicant must meet several key legal criteria:

• Nationality Requirement: The investor must be a citizen of a country that maintains a qualifying treaty of commerce and navigation with the United States.
• Substantial Investment: The investor must have made—or be in the process of making—a substantial capital investment in a bona fide U.S. business.
• Real and Operating Enterprise: The business must be an active, for-profit enterprise. Passive investments or speculative ventures do not qualify.
• Control and Direction: The investor must be entering the U.S. to develop and direct the enterprise, typically through at least 50% ownership or a managerial/executive role.
• Marginality Rule: The business must not be marginal; it should have the capacity to generate income beyond the investor’s personal living expenses and ideally create employment opportunities for U.S. workers.

Employees of the E-2 enterprise who share the same nationality as the investor may also qualify for an E-2 visa if they serve in executive, supervisory, or essential-skilled roles.

At OCHOA PLLC, we assess your specific circumstances to determine whether you or your employees meet these nuanced qualifications and advise on how to structure investments to meet legal thresholds.

Substantial Investment: What Does It Really Mean?

The term “substantial” is not defined by a fixed dollar amount. Instead, USCIS and consular officers consider the proportionality test, evaluating the investment amount in relation to the total cost of purchasing or creating the business. Generally, smaller enterprises require a higher percentage investment to meet this threshold, while larger operations may justify lower percentages in absolute dollars.

Investments can include:

• Cash infusions
• Equipment purchases
• Commercial leases
• Marketing expenditures
• Startup costs already incurred
• Business formation expenses

Crucially, the funds must be at risk and irrevocably committed to the enterprise. Holding funds in escrow or making conditional investments often leads to denial. We work closely with financial professionals, accountants, and business brokers to ensure your investment meets E-2 standards and passes regulatory scrutiny.

What Is a Bona Fide U.S. Enterprise?

A bona fide enterprise refers to a real, active, and legal business that produces goods or services for profit. This includes everything from restaurants, tech startups, and retail stores to consulting firms, manufacturing facilities, and franchise operations.

We provide legal support to:

• Register your U.S. business (LLC, Corporation, etc.)
• Draft bylaws, operating agreements, and ownership certificates
• Navigate commercial lease negotiations
• Set up EIN, licenses, and payroll systems

Whether you’re buying an existing business or launching your own from scratch, our immigration and corporate law experience ensures you’re building on solid ground.

Form DS-160 and Consular Processing for E-2 Visas

Applicants applying from outside the United States must complete Form DS-160, the Online Nonimmigrant Visa Application. The consular interview process varies widely depending on the country of application. Each U.S. embassy or consulate may have its own document requirements, submission procedures, and timelines.

Our services include:

• Completing and reviewing your Form DS-160
• Preparing a custom consular packet specific to your embassy’s instructions
• Drafting cover letters and executive summaries
• Prepping for your consular interview
• Liaising with E-2 units at designated embassies (e.g., London, Paris, Toronto, Seoul)

We track deadlines, submission formats, and local visa officer preferences—so your petition stands out for its clarity and legal strength.

E-2 Business Plan Requirements

One of the cornerstones of your application is the business plan, particularly if you’re establishing a new business. The U.S. government uses the business plan to evaluate:

• The scope and feasibility of your enterprise
• Market analysis and competitive positioning
• Five-year financial projections (P&L, cash flow, employment growth)
• Evidence that the investment is not speculative

We collaborate with specialized E-2 business plan writers and offer full reviews to ensure your plan aligns with immigration legal standards—not just business best practices.

Supporting Documentation for the E-2 Visa

Successful applications often include hundreds of pages of evidence. Common exhibits include:

• Articles of Incorporation or Organization
• Operating Agreements and Share Certificates
• Tax ID (EIN) documentation
• Proof of capital transfers (bank wires, escrow releases, etc.)
• Commercial lease or purchase agreements
• Licenses and vendor contracts
• Employee payroll documents (if applicable)
• Investor’s resume, diplomas, and qualifications
• Source of funds documentation (inheritance, property sale, business liquidation, etc.)

We provide document checklists tailored to your business model, and assist in organizing and indexing all supporting documents in a consular-compliant format.

E-2 Visa for Employees and Family Members

Spouses and unmarried children under the age of 21 may accompany the principal E-2 investor. Spouses may apply for work authorization through a separate USCIS process, offering dual-career opportunities for entrepreneurial families.

In addition, key employees of your enterprise who share your nationality may apply for an E-2 visa themselves, as long as they perform essential or supervisory functions. We help investors create internal role justifications and prepare application packets for staff expansion.

E-2 Visa Treaty Countries

Not all nationalities qualify for the E-2 visa. Only individuals from countries that maintain a bilateral treaty of commerce and navigation with the U.S. are eligible. These include:

• Canada
• Germany
• France
• South Korea
• Italy
• Japan
• Australia
• United Kingdom
  (and over 70 others)

To see the full list, visit the U.S. Department of State’s E Treaty Countries page.

If you are a dual national, we can advise on which passport to use and how best to leverage your treaty eligibility.

Why Choose OCHOA PLLC for E-2 Investor Visas?

At OCHOA PLLC, we do more than check boxes. We position your investment for long-term success by aligning immigration compliance with business viability. Our firm delivers:

• Personalized visa strategy for each investor and their family
• End-to-end business support, from entity formation to payroll setup
• Direct communication with attorneys—no call centers or case managers
• Global experience with consular cases from over 25 countries
• Flat fees and full transparency

When it comes to E-2 visas, you need more than a form filler. You need a trusted legal team that understands how immigration law, business strategy, and real-world entrepreneurship intersect.

Conclusion: Invest in the U.S. with Legal Confidence

If you’re ready to invest in the American dream, OCHOA PLLC is ready to guide you every step of the way. From initial consultations to visa issuance and beyond, our firm is committed to transforming your investment into a legally protected, profitable U.S. venture.

Let’s build your legacy—one investment at a time.

Contact OCHOA PLLC today at (713) 984-4823 or schedule a virtual consultation.