The E-2 visa is not difficult to obtain if you meet all legal and documentary requirements. However, the process is strict, and denials are common when key criteria are missing or poorly documented.
The E-2 nonimmigrant visa allows a national of a treaty country to enter the United States to invest in and manage a business. It does not lead directly to permanent residency but permits temporary stays, which can be renewed indefinitely if the business remains active and compliant.
To qualify, you must:
- Be a citizen of a country that maintains a treaty of commerce and navigation with the United States
- Make a substantial investment in a real and operating U.S. business
- Demonstrate that the business is more than marginal (must generate more than minimal income)
- Enter the U.S. to develop and direct the enterprise
- Show that the funds are lawfully acquired and placed at risk
- Own at least 50% of the business or hold a position of operational control
There is no set minimum investment amount. The “substantial” test is based on the total cost of the business and the percentage of the investor’s capital at risk. Passive or speculative investments do not qualify.
A complete application must include business plans, corporate records, financial documentation, and proof of lawful funds. Weak or missing evidence will result in denial.
In short, the E-2 visa is achievable, but only for applicants who meet every requirement and can prove it with strong documentation.