[DIY] E-2 VISA Application

Overview

The E-2 Treaty Investor visa lets nationals of qualifying treaty countries enter the United States to direct and develop a business in which they have invested or are actively investing a substantial amount of capital. It is employer-specific and intended for owners, co‑owners, and essential managerial or executive employees of the treaty enterprise.

Step 1 Eligibility and Preliminary Decisions

• Confirm treaty country status for your nationality.

• Decide applicant category: principal investor (owner) or essential employee.

• Decide filing path: consular processing (most common) or change of status if already in the U.S. on another valid nonimmigrant status.

Step 2 Create a Viable Business and Investment Plan

• Prepare a detailed business plan showing: business model; market analysis; organizational chart; revenue, expense, and cash‑flow projections; and job creation goals. The plan must demonstrate that the enterprise is real, active, and more than marginal (it must generate more than minimal income for the investor and family).

• Make a qualifying investment that is at risk and irrevocably committed to the enterprise; investments can be in cash, equipment, inventory, or other assets. There is no fixed dollar amount, but the investment must be substantial relative to the enterprise type and sufficient to ensure successful operation.

Step 3 Gather Required Evidence and Documents

• Corporate and financial evidence: business formation documents; bank statements showing funds transferred to the business; contracts; leases; invoices; financial statements; tax records if already operating.

• Investment trail: wire transfers, canceled checks, escrow documents, purchase agreements showing the investor’s funds are irrevocably committed.

• Personal documentation: passport; resume; degrees or CV for essential employees; proof of nationality.

• Business plan and supporting exhibits: contracts, client lists, marketing materials, vendor agreements, and employment projections proving the enterprise is more than marginal.

• Proof of investor’s role: organizational chart, job description, and evidence of managerial/operative control or essential skills if applying as a key employee.

Step 4 File the Petition or Apply at a Consulate

• If using consular processing: prepare the DS‑160, collect supporting documents, pay the visa fee, schedule the consular interview, and submit the required packet to the U.S. consulate at the interview. Bring originals and copies of corporate, financial, and investment evidence plus the business plan.

• If seeking change of status in the U.S.: file Form I‑129 (if an employer petition is required for an employee) or otherwise follow USCIS guidance for investor/employee change of status, attaching the same core evidence described above.

Step 5 Prepare for the Interview and Consular Decision

• Consular interview focuses on: genuineness of the enterprise; whether the investment is substantial and at risk; the applicant’s role; and whether the enterprise is more than marginal. Be ready to explain and document the business plan, funding sources, and operational milestones.

• Address likely questions: source of funds; timeline of investment; roles and duties; projected hires and revenues. Provide clear, documentary substantiation rather than speculation.

Step 6 Entry to the United States and Duration of Stay

• Upon visa issuance, enter the U.S. and begin directing or developing the enterprise as described in the petition. E‑2 status is typically granted for up to five years at a time depending on the treaty country and consular practice and is renewable indefinitely while the business remains viable and the E‑2 requirements are met.

Step 7 Maintain Compliance and Renewals

• Operate the business as represented and maintain records showing ongoing investment, employment, and business activity.

• File timely renewals/extensions before status expires and be prepared to demonstrate continued substantial investment, non‑marginality, and the applicant’s ongoing role.

• For essential employees, maintain evidence of continued essentiality to the enterprise and continued treaty nationality.

Common Pitfalls to Avoid

• Underfunded or passive investments that appear speculative or purely for immigration benefits.

• Weak or generic business plans that fail to show realistic revenue and job creation.

• Failure to document the source and path of funds or to show funds are irrevocably committed.

• Misrepresenting the applicant’s role or the company’s operational reality.