You’ve built something with real potential. Maybe it’s breakthrough technology. Maybe it’s a smarter way to solve an old problem. Maybe the market is already paying attention. Your team is lean. Your vision is sharp. Growth is next. The United States is where you need to be. But no matter how strong the idea, you still need the legal right to build it there.
For founders from eligible treaty countries, the E-2 Treaty Investor Visa offers a path to live and work in the U.S. by investing in a business. A startup can qualify, but it must meet the same strict criteria as any established company.
This guide explains each step of launching a U.S. startup under the E-2 visa, with a focus on building a strong, compliant application.
Step 1: Confirm E-2 Eligibility
You must be a citizen of a treaty country, own at least 50 percent of the U.S. business, invest committed funds, and ensure the business is active and more than marginal.
Step 2: Form Your U.S. Business
Register your company in the U.S., obtain an EIN, open a business bank account, and secure any required licenses. Business structures commonly used for E-2 startups include Limited Liability Companies (LLCs), corporations, and sole proprietorships. The U.S. Small Business Administration states that LLCs offer liability protection and pass-through taxation. They also allow flexible ownership and management, which helps demonstrate control for visa purposes. Corporations may suit businesses planning to raise investment but involve more legal requirements and possible double taxation. Sole proprietorships do not separate personal and business assets and are generally not recommended for visa applicants.
Step 3: Build a Business Plan
Your plan should include financial projections, hiring plans, market analysis, and a timeline for how the funds will be used. The business must also make sense in the U.S. market. Immigration officers look for ventures that meet a real need, have demand in the region where you plan to operate, and show potential for growth.
Step 4: Make the Investment
Funds must be spent or contractually committed before applying. Common costs include office space, equipment, marketing, and legal fees. Keep records.
Step 5: File Your Application
Submit Form DS-160, DS-156E, business ownership proof, financial documents, and a full business plan. Apply through a consulate or the United States Citizenship and Immigration Services (USCIS) if already in the U.S.
Step 6: Attend Your Interview
Be ready to explain your business model, investment, and future plans. Consistency with your documents is essential.
Step 7: Launch and Operate
If approved, begin operations. Visas are typically issued for up to five years. Renewals are possible if the business stays active.
Startups carry risk. The key is preparation, documentation, and a business structure that meets E-2 visa standards. Contact us to build a strategy that supports both your business and your visa.