What we handle
New businesses, acquisitions and the employees and families who come with them.
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E-2 visa applications
Applications at U.S. consulates abroad, with the business plan and investment evidence.
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Change of status
Form I-129 for treaty investors already in the United States in another status.
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Business acquisitions
Buying an existing business, including escrow arrangements that release funds only if the visa is issued.
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Franchise investments
New units and resales, reviewed for what an E-2 application must show.
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Employees
E-2 visas for managers and essential employees of the investor’s nationality.
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Renewals
Renewing the visa and extending status as the business grows.
How the process works
Five steps for most investors, who apply at a consulate abroad.
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Confirm the nationality
The investor must be a national of a country with a qualifying treaty, and the business at least half owned by nationals of that country.
Who: the firm
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Plan the business and the investment
We prepare a business plan showing the enterprise is real, operating and more than marginal. The investment must be substantial for this business.
Who: the investor, with the firm and an accountant
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Commit the funds
The money is spent or irrevocably committed, and at risk. Escrow tied to visa issuance can satisfy this for a purchase.
Who: the investor
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Apply
Abroad, the application goes to the consulate, followed by an interview. In the United States, the investor may file Form I-129 to change status.
Who: the firm prepares the application
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Enter, operate and renew
The investor enters to develop and direct the business. The visa can be renewed as long as the business continues to qualify.
Who: the investor; the firm handles renewals
E-2 compared
Investors often weigh E-2 against these two options.
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E-2
Treaty investor visa
No fixed minimum and often a faster start. Renewable, but tied to the business and the investor’s intent to leave when status ends.
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EB-5
Immigrant investor green card
Leads to permanent residence and citizenship, with a set minimum investment and a job creation requirement.
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L-1
Transfer from your own company abroad
For owners of an established business abroad opening a U.S. office. Can lead to a green card for managers.
Representative matters
A few recent E-2 matters, described without client names.
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Acquisition
E-2 visa for an Italian investor buying a specialty food importer, with the purchase price held in escrow until issuance.
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Start-up
E-2 visa for a Japanese designer opening an architecture studio with a detailed five-year hiring plan.
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Employees
E-2 visas for two essential employees of a German machine tool distributor.
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Renewal
Renewal for a restaurant owner whose business had expanded to a second location.
Attorney advertising. Prior results do not guarantee a similar outcome. Every case turns on its own facts.
Common questions
Is my country on the treaty list?
The Department of State publishes the list of treaty countries. Some countries qualify for E-1 trade but not E-2 investment, so we check both.
Can my spouse work?
Yes. Spouses of E-2 investors are authorized to work. Children under 21 can study but not work.
Can an E-2 lead to a green card?
Not by itself. Some investors later qualify through EB-5, a family relationship or employment.