The E-2 lets nationals of treaty countries live and work in the U.S. by investing a substantial amount of capital in a real, operating business they actively develop and direct. McNamara Law helps Central Florida's foreign investors build strong E-2 cases — from business plan to consular interview.
The visa exists to encourage real foreign investment in the U.S. economy. Everything else — your résumé, your industry, your background — is secondary to these three.
The E-2 is restricted to nationals of countries with an active E-2 treaty of commerce with the United States — including the UK, Germany, Spain, Canada, Mexico, Colombia, Argentina, Japan, South Korea, Turkey, and many more. Citizenship is what counts: where you were born or currently live does not.
There is no fixed dollar minimum — but the investment must be proportional to the cost of the business and large enough to ensure successful operation. Funds must come from a lawful, traceable source, and they must be irrevocably committed to the business. Money still sitting in the bank does not count.
The principal investor must come to the U.S. to actively develop and direct the enterprise — typically by owning at least 50% or otherwise holding operational control. The business must be real, operating, and more than marginal: it must generate more than just enough to support you and your family.
An E-2 case is part business deal, part legal filing. Done well, it moves predictably from strategy to approval.
We assess your nationality, source of funds, business idea, and timeline. Many cases are reshaped at this stage to align with how officers actually evaluate E-2s.
Entity formation, ownership structure, capitalization, and the paper trail proving funds are lawful and at risk.
A 5-year, USCIS-grade plan covering market analysis, hiring, and financials — the centerpiece of nearly every E-2 case.
Change of status with USCIS (if already in the U.S.) or visa application at a U.S. consulate abroad — strategy depends on your situation.
Consular interview preparation, document binder, and follow-through. Once approved, your status can be renewed for as long as the business qualifies.
There is no fixed minimum, and the government deliberately avoids one. What counts is whether the investment is substantial relative to the total cost of the business — and whether it's enough for the enterprise to succeed.
In practice, most approved E-2 cases involve total investments of $100,000 or more, though smaller cases do succeed in lower-cost industries like consulting, e-commerce, or service businesses. Larger and capital-intensive businesses (restaurants, manufacturing, real estate operations) typically require considerably more.
Eligibility is limited to countries that maintain a qualifying commercial treaty with the U.S. Below is a partial list — a full, current roster is maintained by the U.S. Department of State.
Not seeing your country? The Department of State maintains the full list of treaty countries — and eligibility can change. We'll confirm yours during a consultation.
Six of the most common questions we hear from prospective E-2 investors in Central Florida.
An E-2 visa is typically issued for two to five years, depending on your country of nationality and the reciprocity schedule. The key feature of the E-2 is that it can be renewed indefinitely as long as the business continues to meet the requirements — there is no cap on the number of extensions.
Yes. Your spouse and unmarried children under 21 qualify for E-2 dependent status. Your spouse can apply for an Employment Authorization Document (EAD) and work for any U.S. employer. Children can attend school but cannot work on E-2 dependent status.
Not directly. The E-2 is a nonimmigrant visa and does not on its own provide a path to lawful permanent residence. However, many E-2 investors transition to a green card later through other categories — typically EB-5 investment, EB-1C multinational manager, or EB-2 NIW. Planning ahead matters: the steps you take today affect your options tomorrow.
Yes — both new and existing businesses qualify, including franchises. Franchises can actually be a strong E-2 vehicle because the franchise structure provides clear documentation of the investment, established business model, and projected financials. The investment still must be substantial, lawful, and at risk.
A marginal enterprise is one that only generates enough income to support the investor and their family — not enough to make a meaningful economic contribution. You can overcome this by showing that the business will create jobs, has substantial earning capacity within five years, or already generates significant income. This is one of the most common reasons E-2 cases get denied without good planning.
It depends on where you are now, what status you currently hold, and how quickly you need to travel. Change of status with USCIS keeps you in the U.S. but doesn't give you a travel visa stamp. Consular processing abroad gives you a real visa for entry and re-entry but requires travel and an interview. Many cases use both — change status first to start the business, then get the visa stamp at a later consular trip.
The E-2 rewards careful preparation. The earlier we get involved, the more options you have — for structuring the investment, the entity, and the timeline.