E-2 Visa Lawyer for Founders

There is no point-scoring system. The officer is checking four things: treaty country, substantial investment, real and operating enterprise, and a clear role for you.

Treaty country nationality
You hold citizenship in a country with an E-2 treaty with the U.S. Dual citizens can choose the treaty passport. Some countries, notably India and China, are not E-2 countries.

Substantial investment
There is no fixed dollar amount. In practice, most successful E-2 cases involve at least $100,000 of investor capital, and often more for capital-intensive businesses. The investment must be at risk, traceable, and largely deployed.

Real and operating enterprise
Not a paper company. You need a lease, a bank account, employees or imminent hires, customers or a clear plan to get them, and a business that generates more than just a living wage for you.

Develop and direct
You must own at least 50% of the enterprise or otherwise control it, and you must be coming to the U.S. to actually run it — not as a passive investor.

What strong evidence looks like for founders

• Bank statements and wire records tracing your capital from your personal account into the U.S. business account.

• A signed commercial lease, vendor contracts, and incorporation documents.

• A detailed business plan with five-year financials, a hiring plan, and market analysis.

• Evidence that the investment is largely spent, not just sitting in a U.S. bank account.

• An organization chart showing your role and any existing or planned U.S. employees.

• Source-of-funds documentation, such as salary records, prior business sale documents, or investment return records.