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The E-2 visa may be requested by nationals of a treaty country. The applicant must have invested, or be actively in the process of investing, an amount of capital that corresponds with their business model in an enterprise in the United States. It also applies for employees of a treaty investor. Unlike the EB-5, there is no determined minimum investment. However, the investment must be:

  • substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one;

  • sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise; and

  • of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.

Also, the capital must be subject to partial or total loss if the investment fails, and the treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.

The E visa is a non-immigrant visa and does not grant a Green Card. Some people who are eligible to apply for an E-2 visa also qualify for an EB2 NIW, which is an immigrant visa.


Please contact us for further clarification.

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