Eligibility and key requirements
To qualify for an E-2 treaty investor visa you must be a national of a treaty country and own or control at least 50 percent of a real operating U.S. business. The investment must be substantial for the type of enterprise, placed at risk, and sufficient to ensure the investor’s financial commitment. The enterprise cannot be marginal, it should have present or future capacity to generate more than minimal living income. You must show a lawful source and path of funds, the intent to direct and develop the business day to day, and the intent to depart the United States when E-2 status ends.
The E-2 process
Most investors choose one of two paths. Consular processing involves preparing a complete application for the U.S. embassy or consulate, submitting the forms and evidence, and attending an interview where the officer reviews eligibility, investment, ownership, and the business plan. Change of status inside the United States involves filing with USCIS, providing the same core evidence, and maintaining valid status while the case is pending. Consular processing results in a visa that allows international travel, change of status is limited to status inside the country. We advise on the best path based on your timeline, travel needs, and business stage.
You don’t have to leave the United States.
This may be convenient for you depending on where you live and the timing of your business and application. Some E2 visa investors are afraid to leave their businesses and go back to their home countries.
Spouses, children, and employeesSpouses and unmarried children under 21 may qualify as dependents. Spouses are generally work authorized incident to status, which allows employment in the United States after admission or approval. Qualifying executives, managers, or essential employees who share the treaty nationality may also qualify for E-2 classification to help operate the business.
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Timelines, investment, and common issuesProcessing times vary by consulate and by USCIS workload. There is no fixed minimum investment set by law, the amount must be substantial in relation to the total cost of creating or buying the specific business. Frequent issues include undercapitalization, passive or marginal business models, unclear source of funds, and business plans that do not match the evidence. We address these points directly with clear documentation and a consistent narrative.
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Why work with Ruttle LawE-2 cases require strategy, evidence, and a business story that makes sense to an adjudicator. We review eligibility, entity structure, capitalization, contracts, payroll plans, and financials. We prepare a persuasive application package, organize exhibits, and get you ready for the interview or request for evidence. After approval, we guide you on renewals, travel, and hiring so the company stays compliant.
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Launch or expand your U.S. business with a focused E-2 strategy tailored to your industry and timeline. Contact our E-2 visa team to schedule a consultation.
About Michael RuttleMichael Ruttle is an immigration attorney helping investors, professionals, and families with visas, green cards, citizenship, and E-2 treaty investor matters in California and Arizona. He graduated summa cum laude from Whittier Law School and speaks English, Spanish, and Portuguese!. Clients praise his clear, honest guidance and practical strategies.
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