The E-2 visa, also known as a Treaty Investor or Treaty Trader visa, allows eligible foreign nationals from countries with trade treaties with the U.S. to live and work in the United States. This visa is designed for individuals who are actively engaged in trade or investment between the U.S. and their home country, enabling them to develop, direct, and manage a business in the U.S.
To qualify as a Treaty Trader (E-1 visa), the applicant must:
To qualify as a Treaty Investor (E-2 visa), the applicant must:
Submitting accurate and complete documentation is essential. Our Los Angeles immigration attorneys at American immigration law firm LLP will guide you through every step, ensuring your application is correct and reducing the risk of delays or denials. Any misrepresentation could lead to permanent visa refusal. If you meet the eligibility criteria but are currently ineligible under other immigration rules, our attorneys can help explore options such as waivers of ineligibility.
Your spouse and unmarried children under 21 may accompany you under derivative E visas. Your spouse can apply for employment authorization, allowing them to work legally in the U.S., while dependent children are not permitted to work.
If your E-2 visa is approaching expiration, it is crucial to apply for an extension well in advance. USCIS approval is required to extend your stay. Remaining in the U.S. beyond your authorized period can result in immediate deportation and complicate future applications. Our attorneys can assist you in filing timely extensions to ensure uninterrupted status.
What is an E-2 Visa? An E-2 visa is a nonimmigrant visa that allows foreign nationals to invest in and operate a business in the U.S., providing legal status to work in the enterprise.
What are the requirements to obtain an E-2 Visa?
What qualifies as a “substantial” investment?
“Substantial” is determined by the proportionality test. Investment must be appropriate for the type and size of the business, and a sufficient portion of required funds must be at risk in the enterprise. Simply leaving funds in a bank does not count.
Where do I apply for an E-2 Visa?
Applicants outside the U.S. apply at a U.S. consulate in their home country. Those already in the U.S. on valid nonimmigrant status can request a change of status to E-2 with USCIS.
Can I travel internationally after USCIS approves my E-2 status?
Approval from USCIS allows you to remain in the U.S. and operate your business. To travel internationally, you must obtain an E-2 visa from a U.S. consulate abroad.
How long is the E-2 Visa valid?
Visas are generally issued for 2 to 5 years depending on your home country. Upon entry, E-2 status is typically granted for 2 years, with unlimited extensions possible either through USCIS or by reentry with a valid E-2 visa.
Can I work for another employer while on an E-2 Visa?
No. Employment is restricted to the E-2 enterprise through which the visa was granted.
If you are considering applying for or extending an E-2 Visa, the American immigration law firm LLP of Los Angeles can help. With over 5-star Google ratings, we are your trusted partner in securing your U.S. future.
Call us now at 323-805-0445 to speak with a Los Angeles E-2 Visa attorney.
Florida International University College of Law, Miami, Florida
Bowling Greend State University, Bowling Green, Ohio
Juliette Potter is a highly accomplished United States Immigration Attorney with over two decades of legal experience. She began her legal journey as a Barrister in the United Kingdom and was later admitted as an Attorney-at-Law in Antigua and Barbuda before the Eastern Caribbean Supreme Court.
Ms. Potter’s academic background is equally distinguished. She holds a Master of Laws (LL.M.) from Florida International University College of Law, a Bachelor of Laws (Honors) from the University of Wolverhampton, and a Legal Education Certificate from the Norman Manley Law School in Jamaica. She also earned a Master’s degree in Organization Development from Bowling Green State University’s College of Business in Ohio.
Her professional experience spans both the corporate and legal worlds. Before entering private immigration practice, she served as Chief Legal Officer for an international group of companies. Today, she is a Licensed Attorney in the State of New York, representing clients before the Federal Immigration Courts of the United States, while also maintaining her active law license in Antigua and Barbuda.
As an immigrant herself, Ms. Potter brings a unique perspective and deep empathy to her practice. Her personal experiences inspire her unwavering commitment to helping clients navigate the complexities of U.S. immigration law with confidence and care.
Outside the courtroom, Ms. Potter enjoys cooking, traveling, and exploring new cuisines — passions that reflect her appreciation for diversity and global cultures, both in life and in law.