Us capitol building image

E-2 Visa Attorney

Investment structuring, source-of-funds documentation, business plans, consular and change-of-status filings, renewals and interview preparation for treaty investors.

Google Reviews

5 / 5 (97 reviews) View on Google

Drop us a message today!

By providing a telephone number and submitting the form, you are consenting to be contacted by SMS text message and agreeing to our Privacy Policy. Message frequency may vary. Message and data rates may apply. Reply STOP to opt out of further messaging. Reply HELP for more information.

E-2 Visa Attorney: Treaty Investor Lawyers

The E-2 treaty investor visa allows a national of a treaty country to live in the United States and run a business in which they have made a substantial, at-risk investment. Capitol Law Partners represents founders, family businesses and companies from Turkey, Europe, Latin America and elsewhere who are buying or starting a U.S. enterprise. We structure the investment, document it to consular standards, handle the visa application or change of status, and manage the renewals and employee visas that follow.

What an E-2 visa attorney does for you

  • Confirms treaty nationality for you and for the company, including ownership percentages where there are partners.
  • Plans the investment so that the amount, timing and source of funds satisfy the substantiality and at-risk tests.
  • Coordinates entity formation, operating agreements, leases and purchase contracts, and works with your accountant on the business plan and projections.
  • Prepares the DS-160, the DS-156E and the consular submission, or the Form I-129 with E supplement for a change of status with USCIS.
  • Prepares you for the consular interview, which is where E-2 cases are usually won or lost.
  • Handles renewals, E-2 visas for essential employees and managers, dependents, and long-term planning toward a green card.

Who qualifies for an E-2 visa

Treaty country nationality

The investor must be a national of a country that maintains a qualifying treaty of commerce and navigation with the United States. Turkey is a treaty country, as are most European nations, Canada, Mexico, Japan and many others. The enterprise must also have the nationality of the treaty country, which means at least 50 percent of it must be owned by treaty nationals who are in E-2 status or outside the United States. Since late 2022, nationals who obtained treaty citizenship through a financial investment must have been domiciled in that country for a continuous period of at least three years.

Substantial investment

There is no fixed minimum. The investment is measured against the total cost of buying an existing business or establishing a new one of the type proposed, and it must be enough to ensure the investor's financial commitment to the enterprise and a likelihood of success. A smaller business requires a higher proportion of its total cost to be invested; a larger one can qualify with a smaller proportion.

Funds at risk

The funds must be irrevocably committed and subject to partial or total loss if the business fails. Money sitting in a personal account does not count. Capital may be held in escrow conditioned only on visa issuance. Funds may come from savings, gifts, the sale of property or loans secured by the investor's personal assets, but not from loans secured by the assets of the E-2 enterprise itself. The source of funds must be lawful and traceable.

A real and operating enterprise

The business must be a real, active commercial undertaking producing goods or services for profit. Passive or speculative investments, such as undeveloped land or securities held for appreciation, do not qualify.

Not marginal

The enterprise must have the present or future capacity to generate more than a minimal living for the investor and family, or to make a significant economic contribution in the United States, usually by creating jobs. Consular officers generally expect this capacity within five years, so the business plan and hiring projections matter.

Develop and direct

The investor must be coming to develop and direct the enterprise, which is shown by owning at least 50 percent of it or by holding operational control through a managerial position or other corporate device. Employees of the enterprise can also obtain E-2 visas if they share the treaty nationality and will serve in an executive or supervisory role or have skills essential to the business.

Consular processing or change of status

Applicants outside the United States apply at a U.S. consulate. The visa is valid for the period set by the reciprocity schedule for your country, and each admission is granted for two years regardless of the visa's remaining validity. Applicants lawfully in the United States can instead file Form I-129 with USCIS for a change of status; that grants E-2 status but not a visa, so any later international travel requires a consular application. We weigh the two routes based on timing, travel plans and the strength of the record. The E-2 is a nonimmigrant visa and the applicant must intend to depart when E-2 status ends, but there is no fixed limit on renewals as long as the business continues to qualify.

Process and timeline

  1. Eligibility review. Nationality, investment plan, source of funds and business model.
  2. Structuring and investment. Formation or acquisition, lease, licenses, equipment, hires, and a business plan with five-year projections.
  3. Application. Consular submission with DS-160 and DS-156E, or Form I-129 with USCIS. Premium processing commits USCIS to act on an I-129 petition within 15 business days; consular scheduling varies by post, and some consulates have dedicated E visa units with their own procedures.
  4. Interview and decision. We prepare you to explain the business, the investment and your role in plain terms.
  5. Renewals and growth. Two-year extensions in the United States or re-entry on a valid visa, employee E-2 visas, and green card planning.

Evidence and documents

  • Passport and proof of nationality; corporate documents showing ownership and control.
  • Bank statements, wire confirmations, contracts, invoices and receipts tracing the funds from their lawful source into the business.
  • Lease, purchase agreement, licenses, insurance, website and marketing materials showing a real operation.
  • A detailed business plan with staffing and financial projections.
  • Tax returns, payroll records and financial statements for existing businesses.
  • The investor's resume and evidence of the skills needed to run the enterprise.

Common problems

E-2 refusals under section 214(b) usually come down to one of a few findings: the investment was too small relative to the business, the funds were not yet committed, the source of funds was unclear, the business plan did not show how the enterprise would move beyond marginality, or the applicant could not explain the business convincingly at the window. Change-of-status cases draw Requests for Evidence on the same points. Dual nationals, investors with passive partners, and businesses with complex ownership chains need careful structuring before anything is filed. If you were refused, we review the record and advise whether to reapply, restructure or pursue another route.

Why Capitol Law Partners

Our team combines immigration and business practice, so the entity, the contracts and the visa are planned together. We also handle business formation and structuring, the E-1 treaty trader visa for import and export companies, the L-1A for companies expanding from abroad, and green card options such as the EB-2 National Interest Waiver and EB-1C for investors who later want permanent residence.

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and focuses on employment-based and investor immigration, including E-2, L-1, EB-2 NIW and EB-1 matters, alongside business and trademark law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent investors from our offices in Washington, DC, Northern Virginia, New York and Minneapolis, and our Istanbul office works directly with Turkish investors preparing for consular applications.

Learn more about the E-2 visa

Start your E-2 case

Tell us about the business you want to buy or build, your nationality and the funds you plan to invest. We will tell you whether the E-2 fits and what the file needs before you commit capital. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

Is Turkey an E-2 treaty country?
Yes. Turkish nationals are eligible for the E-2 treaty investor visa, and a large share of our E-2 practice involves Turkish founders and family businesses. Our Istanbul office works with investors in Turkey on the business plan, source-of-funds documentation and interview preparation, while our U.S. offices handle formation, contracts and any change-of-status filing. Dual nationals must apply under a treaty nationality, and the business must share that nationality.
How much do I need to invest for an E-2 visa?
There is no statutory minimum. Consular officers apply a proportionality test that compares the amount invested with the total cost of establishing or buying the business. A small consulting firm or restaurant must be funded close to fully, while a capital-heavy business can qualify with a lower proportion. The investment must also be enough to make the enterprise operational and not marginal. We model the amount against your specific plan before you commit funds.
Can I apply for an E-2 from inside the United States?
If you are in the United States in a valid nonimmigrant status, you may file Form I-129 with USCIS to change to E-2 status. Approval grants status, not a visa, so the first time you travel abroad you must apply at a consulate before returning. Visitors admitted under the Visa Waiver Program cannot change status. We compare the two routes based on your travel plans and the strength of the record.
Can my spouse work on an E-2 visa?
Yes. E-2 spouses are considered employment authorized incident to status and may work for any employer or run their own business. Their admission record should carry the E-2S annotation, which serves as proof of work authorization for employers. Unmarried children under 21 receive E-2 dependent status and may attend school but cannot work. Dependents do not need to share the treaty nationality.
How long does an E-2 visa last and can it be renewed?
The visa validity depends on the reciprocity schedule for your country of nationality. Regardless of the visa's validity, each admission to the United States is for two years. You may extend in two-year increments through USCIS or by traveling and re-entering on a valid visa. There is no fixed cap on the number of renewals as long as the business continues to meet the requirements and you maintain the intent to depart when E-2 status ends.
Does an E-2 visa lead to a green card?
Not directly. The E-2 is a nonimmigrant visa and can be renewed indefinitely, but it does not convert into permanent residence. Many E-2 investors later pursue the EB-5 investor green card, the EB-2 National Interest Waiver, the EB-1C multinational executive category where the U.S. company is part of a group with a foreign affiliate, or employer-sponsored categories. We plan the long-term route from the start so the business is structured to support it.
Can I buy an existing business instead of starting one?
Yes. Buying an operating business is often the stronger E-2 case because it already has revenue, employees and a track record that rebuts marginality. The purchase price, closing documents and transfer of ownership must be fully documented, and the funds must be committed, for example through escrow that releases on visa issuance. We coordinate the purchase agreement, due diligence and the immigration filing so the timing works.
What happens if my E-2 visa is refused under section 214(b)?
A 214(b) refusal means the consular officer was not satisfied that you met the E-2 requirements. It is not a permanent bar, and you may reapply. We request the basis for the refusal, review the record and the interview, and advise whether to strengthen the evidence, restructure the investment or business plan, or consider another route. Reapplying with the same file rarely changes the result, so the new application must address the actual weakness.