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E-2 Treaty Investor: Build the Immigration Case Around the Business

For qualifying treaty-country nationals investing substantially in a real U.S. enterprise they will develop and direct, and for certain qualifying employees of treaty enterprises.

Direct Answer

For qualifying treaty-country nationals investing substantially in a real U.S. enterprise they will develop and direct, and for certain qualifying employees of treaty enterprises. The E-2 category allows qualifying treaty-country nationals to come to the United States to develop and direct a U.S.

Who This May Fit

  • What the E-2 category is for: The E-2 category allows qualifying treaty-country nationals to come to the United States to develop and direct a U.S.
  • Who may qualify: The investor must have qualifying nationality, the U.S.
  • There is no single minimum investment number: E-2 law does not establish one universal minimum investment amount that works for every business.
  • Source and path of funds: A persuasive E-2 record should make the lawful source, movement, and commitment of the investment funds easy to trace.
  • The business must exist beyond the business plan: A business plan can be important, but it does not replace evidence that the enterprise is real and operating or imminently ready to operate.
  • How the process works: Most applicants applying from abroad use consular processing, following the procedures of the U.S.

What the Case Needs

An E-2 filing should tell one consistent story: who owns the enterprise, why treaty nationality is satisfied, where the investment came from, how the funds were committed, what the business actually does, why the investment is substantial for.

  • 1. Confirm the threshold: identify the classification, filing route, petitioner or sponsor, and any timing issues.
  • 2. Map the evidence: organize the record around each legal requirement and address material gaps.
  • 3. Prepare and file: assemble the forms, legal presentation, exhibits, and response strategy for the covered filing.

Fees

Published Lexagor professional-fee range: Flexible $8,500-$12,500; Protected $10,500-$15,500, if accepted.

Both plans include the covered legal work and RFE or NOID response legal work for the covered filing. Government and third-party charges are separate. Final scope, fee, and Protected Plan availability require attorney review and a written Lexagor engagement agreement.

Common Questions

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

There is no single universal minimum stated in the E-2 rules. The investment must be substantial in relation to the enterprise and sufficient to show a real commitment to operating the business.

Can I buy an existing business instead of starting one?

Potentially. An acquisition can support an E-2 case if the ownership, investment, treaty nationality, operating-business, and other requirements are satisfied.

Can a franchise qualify?

Potentially. A franchise is not automatically qualifying or disqualifying. The underlying investment, control, operating business, and E-2 requirements still have to be established.

Does an E-2 visa lead automatically to a green card?

No. E-2 is a nonimmigrant classification. Some investors later qualify under a separate immigrant category, but that requires an independent legal basis.

Next Step

Use the Navigator for a preliminary path-and-fee estimate, or ask Lexagor Law to review the material facts and possible strategy.