An investor with capital and a business idea begins by testing the concept. Does it solve a problem? Is there a defined market? What does the financial model show in terms of revenue, costs, and growth? These questions apply whether the business operates domestically or across borders. The concept must stand on its own commercial footing.
Once the model is viable, the next decision is where to establish it. For some ventures, the United States is a logical market. Customers may be concentrated there. Industry infrastructure may be located there. The supply chain may depend on it.
When the United States becomes part of the plan, immigration considerations enter the analysis. For nationals of treaty countries, the E-2 Treaty Investor classification allows entry based on an investment in a U.S. enterprise. This classification exists only between the United States and countries that maintain qualifying treaties. Both the investor and the business must fall within that framework. From there, attention turns to the earliest structural decisions. These are the practical moves taken at the outset, before any filing is prepared and before formal review begins.
First steps to take before pursuing an E-2 visa
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Confirm treaty country eligibility
The E-2 Treaty Investor classification is available only to nationals of countries that maintain qualifying treaties with the United States. The Department of State publishes the official list of treaty countries. Verifying nationality is the starting point, since eligibility depends on that relationship.
If more than one person will own the business, nationality becomes part of the early ownership discussion.
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Establish the ownership structure
Ownership is determined at formation. The investor decides whether to hold the enterprise directly, through another entity, or with partners.
Under E-2 standards, the enterprise takes on the nationality of those who own at least fifty percent of it. Equity percentages, voting control, and management authority should be defined clearly in the organizing documents from the outset. These decisions shape how the case is later assessed.
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Define how capital will be committed
The investor then determines how funds will enter the business. The amount, timing, and use of capital are set early.
Federal regulations governing E-2 classification, found at 8 Code of Federal Regulations (CFR) § 214.2(e), require that the investment be placed at risk in the commercial sense. This means the capital must be committed to the enterprise and subject to potential loss in the ordinary course of business. The structure of that commitment is established before any filing is made.
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Form and begin funding the U.S. entity
With ownership and capital decisions in place, the company is formed under U.S. state law. Organizational documents are executed, and a business bank account is opened. Funds are transferred into the enterprise, and initial business expenses may be paid.
Federal regulations describe the E-2 enterprise as a bona fide undertaking that produces goods or services for profit. That description appears in 8 CFR § 214.2(e). The enterprise should reflect real commercial activity rather than a future plan.
Positioning the case for filing
Once treaty eligibility is confirmed, ownership is structured, capital is committed, and the U.S. entity is formed, the foundation of the E-2 case is in place. At that stage, the enterprise reflects a real investment rather than a proposed plan.
The next phase involves organizing documentation that records these actions and selecting the appropriate filing path. Investors outside the United States generally apply through a U.S. embassy or consulate under the authority of the Department of State. Investors already in the United States may seek a change of status through U.S. Citizenship and Immigration Services (USCIS).
The strength of the filing depends on the clarity of the groundwork completed at the outset.
Sources:
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- U.S. Department of State – Treaty Countries List. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
- Electronic Code of Federal Regulations (eCFR) – 8 CFR § 214.2. https://www.ecfr.gov/current/title-8/section-214.2
- U.S. DOS – Foreign Affairs Manual (9 FAM 402.9). https://fam.state.gov/FAM/09FAM/09FAM040209.html