E-2 Investor Visas | Italiza - Gateway To Italy

E-2 Treaty Investor Visas

Substantial investment in a U.S. business with treaty country nationality

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Treaty Country Eligibility

We verify your nationality meets the U.S. treaty of commerce and navigation requirements.

Substantial Investment

We structure your investment to meet USCIS requirements for substantiality and risk.

Consular Strategy

We prepare the full application package with evidence for embassy or consulate filing.

The E-2 visa is a nonimmigrant classification that allows nationals of treaty countries to enter the United States when investing a substantial amount of capital in a bona fide U.S. business. Unlike the EB-5 immigrant visa, the E-2 does not lead to a green card directly, but it permits indefinite renewals in two-year increments and can be an excellent pathway for entrepreneurs seeking to develop and direct their own enterprise in the United States.

We support the full E-2 process: from treaty eligibility verification and business structure planning to investment documentation, proof of substantiality, and consular application preparation. Our approach ensures your U.S. enterprise meets all legal requirements while positioning you for long-term success and renewal.

Typical Requirements

Common documents and evidence for E-2 Treaty Investor visa applications

Treaty Country Nationality

Valid passport from a country with a U.S. treaty of commerce and navigation.

Bona Fide Enterprise

Proof of a real, active, operating commercial or entrepreneurial undertaking producing services or goods for profit.

Substantial Investment

Evidence of capital placed at risk in the commercial sense with the objective of generating profit. Typically $100,000+ recommended.

Ownership & Control

At least 50% ownership or operational control through a managerial position or other corporate device.

Business Plan

Detailed plan showing the enterprise is not marginal and has capacity to generate more than minimal living for investor and family.

Source of Funds

Documentation proving funds were not obtained from criminal activity. Bank statements, tax returns, and sale of assets.

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Key Facts About the E-2 Visa

Important details for treaty investors

Period of Stay

Initial stay of up to 2 years. Extensions granted in increments of up to 2 years each. There is no limit to the number of extensions. When traveling abroad, E-2 holders may generally receive an automatic 2-year period of readmission upon return.

Family Members

Spouses and unmarried children under 21 may accompany or follow as dependents. Spouses of E-2 workers are employment-authorized incident to status (no separate EAD required). Family members receive the same period of stay as the principal.

Employees

Non-investor employees of the same nationality may qualify for E-2 if they hold executive/supervisory roles or possess specialized skills essential to the enterprise. The qualifying organization must be at least 50% owned by treaty country nationals.

Marginal Enterprise

The investment may not be marginal. A marginal enterprise does not have present or future capacity to generate more than enough income for minimal living. New enterprises may qualify if they demonstrate capacity to generate such income within 5 years.

Frequently Asked Questions

Common questions about the E-2 Treaty Investor visa

What is the minimum investment amount for an E-2 visa?

There is no legally defined minimum. USCIS uses an "inverted sliding scale": the lower the total cost of the enterprise, the higher the proportion of investment must be. Investments of $100,000 or more are typically recommended. The investment must be substantial relative to the total cost of purchasing or establishing the business.

Which countries qualify for the E-2 treaty?

You must be a national of a country with which the United States maintains a treaty of commerce and navigation, a qualifying international agreement, or a country deemed qualifying by legislation. Italy, the United Kingdom, France, Germany, Japan, Australia, and many others are on the list. Brazil and India are not treaty countries. The U.S. Department of State publishes the current list.

Can I apply for E-2 from inside the United States?

If you are in the United States in lawful nonimmigrant status, you may file Form I-129 to request a change of status to E-2. If you are outside the United States, you must apply for the E-2 visa at a U.S. embassy or consulate. Form I-129 cannot be used for applicants physically abroad.

Does the E-2 visa lead to a green card?

No. The E-2 is a nonimmigrant visa. It does not provide a direct path to permanent residence. However, it can be renewed indefinitely in two-year increments as long as you maintain the investment and continue to develop and direct the enterprise. Many E-2 holders later pursue other immigrant visa categories if they wish to obtain a green card.

Can my spouse work in the United States on an E-2 dependent visa?

Yes. Spouses of E-2 workers in valid E-2 or E-2S status are employment-authorized incident to status. They do not need to file Form I-765 for an Employment Authorization Document (EAD), though they may request one for Form I-9 purposes. Evidence of work authorization includes an unexpired Form I-94 with E-2S notation or an EAD.

What happens if I sell the business or change its structure?

Substantive changes (merger, acquisition, sale of division, etc.) that affect your eligibility require filing a new Form I-129 with USCIS and evidence that you continue to qualify for E-2. Non-substantive changes do not require a new filing. We recommend consulting an attorney to determine whether a change is substantive.

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