What are the Requirements for an E1 or E2 Investor Visa?  

The E-1 and E-2 visas are temporary, nonimmigrant options available to citizens of countries that have a treaty of commerce and navigation with the United States. The E-1 visa is designed for individuals engaged in substantial trade with the U.S., while the E-2 visa is intended for those investing in and managing a U.S.-based business. Although neither visa leads directly to permanent residency, both can be renewed as long as the qualifying activity continues. 

At Bassey Immigration Law Center, P.A., our multilingual legal team thoroughly understands the challenges faced by investors, traders, family members, and business owners. We provide proactive counsel to candidates for trader and investor visas, executive and manager visas, athlete and artist visas, and many other working visas. Schedule an affordable consultation today.  

E1 Investor Visas 

Eligible E-1 visa holders are initially granted a stay of up to two years in the United States. They may apply for extensions of stay in two-year increments, and there is no statutory limit on the number of extensions that can be granted as long as the visa holder continues to meet the eligibility requirements. 

Both E-1 and E-2 visa categories allow the principal visa holder to be accompanied by their spouse and unmarried children under 21. Spouses of E visa holders can also apply for work authorization in the United States. 

Requirements: 

• Be a citizen of a country with a qualifying treaty of commerce and navigation with the United States. 

• Engage in substantial trade between the U.S. and the treaty country, where more than 50% of the total trade must be with the U.S. 

• They may come to the U.S. to carry out trade activities on their own behalf or as a key employee of a qualifying organization. 

• Ensure the trade involves the exchange of goods, services, or technology and occurs on an international level. 

• Intend to depart the U.S. once the E-1 status ends. 

E2 Investor Visas 

Also known as Treaty Investor Visas, the E-2 Visa allows nationals of countries with a qualifying treaty with the United States to live and work temporarily in the U.S. to develop a business where they have invested a substantial amount of capital. 

E-2 visas are generally obtained through consular processing at a U.S. embassy or consulate outside the United States. The processing timeline can vary significantly depending on the consulate’s location and current workload, but it often takes several months. 

If the applicant is already in the U.S. under a different lawful nonimmigrant status, they may file for a change of status to E-2 by submitting a petition to U.S. Citizenship and Immigration Services (USCIS).  

E2 Investor Visa Requirements 

 
To be eligible for an E2 Investor Visa, you must be a citizen of a country that has a qualifying treaty of commerce and navigation with the United States.  

Additional requirements include the following:  

• Substantial Investment. You must invest a substantial amount of capital in a U.S. business. There is no fixed dollar minimum, but the investment must be proportionate to the total cost of the business (e.g., a $112,500 investment in a $150,000 business may qualify, but higher amounts are expected for larger enterprises). 

• Lawful Source of Funds. The funds must come from a legitimate, traceable source and be under the investor’s control. 

• Funds Must Be “At Risk.” The capital must be fully committed to the business and subject to partial or total loss—speculative funds do not qualify. 

• Active Management Requirement. The investor must develop and direct the business. Passive investments do not qualify. 

• Alternative Option for Employees. A treaty national may also qualify for an E-2 visa if they come to the U.S. to work in an executive, supervisory, or essential skills role for a qualifying business. 

• Duration and Extensions. The initial stay is up to two years and may be extended in two-year increments as long as the business continues to meet E-2 criteria. 

 
If the business fails or no longer meets visa requirements, the investor’s E-2 status is no longer valid, and they must depart or change status. 

Schedule a Consultation with a Business Immigration Lawyer 

If you would like more information about whether you qualify for an E1 or E2 Investor Visa, consult an experienced business immigration lawyer at Bassey Immigration Law Center, P.A., by scheduling an affordable consultation today. We can assist you in navigating the often complex process of obtaining these investor visas. 

About Bassey Immigration Law Center, P.A.

Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.