JW
Jessica Weiss, Esq.
Immigration Attorney

Treaty Trader & Investor Visas

E-1 and E-2 visas for entrepreneurs ready to build in the United States.

The E-1 (treaty trader) and E-2 (treaty investor) visas let nationals of treaty countries live in the United States to direct and develop their own business. Renewable indefinitely, with work authorization for spouses and school access for children.

Who this is for

You may qualify if…

  • You are a national of a country with a qualifying U.S. commerce treaty.
  • You are investing a substantial amount of capital into a real, operating U.S. business (E-2).
  • Your existing company conducts substantial trade between the U.S. and your home country (E-1).
  • You will direct and develop the enterprise — not a passive investment.
  • You want to bring your spouse and children to the U.S. with you.

Our approach

What to expect, step by step

01

Eligibility Review

Confirm treaty nationality, business structure, and investment posture before any filing.

02

Business & Source-of-Funds Plan

Build the documentation USCIS and the consulate actually want to see — financials, lawful source of funds, hiring plan.

03

Petition or Consular Filing

File at the appropriate consulate or with USCIS, with a fully indexed evidence binder.

04

Interview Preparation

We rehearse the interview, anticipate officer concerns, and walk you in confident.

Frequently asked

Common questions

What is the minimum investment for an E-2 visa?
There is no statutory minimum, but the investment must be 'substantial' relative to the cost of the business. In practice, most successful E-2 applications involve investments between $100,000 and $250,000, though smaller amounts can succeed for low-overhead businesses.
Which countries qualify for E-1 and E-2 visas?
Only nationals of countries that have a qualifying treaty of commerce with the United States are eligible. This includes most of Europe, the UK, Japan, Korea, Mexico, Argentina, Australia, and many others. We will confirm eligibility at the outset of your case.
Can my spouse and children come with me?
Yes. Your spouse and unmarried children under 21 are eligible for E-1 or E-2 dependent visas. Spouses are work-authorized incident to status, and children may attend U.S. schools.
How long does the E-2 process take?
From engagement to visa interview, most E-2 cases take 3–5 months, depending on consulate workload. Once approved, E-2 status is typically granted in increments of up to 5 years and is indefinitely renewable.
Can the E-2 visa lead to a green card?
The E-2 is a nonimmigrant visa and does not directly lead to permanent residence. However, many E-2 investors transition to EB-5, EB-1C, or other immigrant categories over time. We plan for that path from day one when appropriate.

Ready to discuss your case?

Schedule a confidential consultation with Jessica Weiss, Esq.

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Free downloads

Handouts from Jessica Weiss, Esq.

Investor Visas

EB-5 Deadlines in 2026: What Business Brokers Need to Know

A time-sensitive briefing for business brokers on EB-5 grandfathering, expected investment adjustments, source-of-funds preparation, and transaction planning.

  • September 30, 2026 grandfathering date
  • Direct and Regional Center EB-5
  • Broker planning checklist
Download PDF 4 pages

Investor Visas

E-2 Visa Transactions: What Business Brokers Need to Know

A broker reference guide for coordinating E-2 buyers, source of funds, business due diligence, purchase documents, escrow, financing, and closing.

  • Buyer, ownership, and source of funds
  • Business and investment analysis
  • Escrow, financing, and closing protocol
Download PDF 5 pages

Investor Visas

How to Structure an E-2 Deal for Success

A practical guide for buyers, business brokers, sellers, accountants, and advisers coordinating a U.S. business purchase with E-2 visa requirements.

  • Purchase agreements and escrow
  • Lawful source and path of funds
  • Financing, ownership, timing, and operational control
Download PDF 5 pages

Startups & Business

U.S. Immigration Options for Startups & Tech Companies

A practical overview for founders, executives, and advisors expanding a startup or technology company into the United States — which visa fits each stage of growth.

  • E-2 treaty investor visa for founder-led expansion
  • L-1 intracompany transfers
  • H-1B and O-1 for key talent
  • Long-term green card planning
Download PDF 4 pages

Startups & Business

Understanding Business Immigration to the U.S.

Long-term business immigration strategies, including the qualifications for E-1 treaty trader and E-2 treaty investor visas and other options for business owners.

  • E-1 treaty trader qualifications
  • E-2 treaty investor qualifications
  • Long-term business immigration strategy
Download PDF 7 pages

Investor Visas

E-2 vs. EB-5: Investor Visa Criteria Compared

For investors who want to buy or create a U.S. business — a side-by-side look at the temporary E-2 visa and the EB-5 green card.

  • E-2 investment and ownership requirements
  • EB-5 investment amounts and job creation
  • Targeted employment areas (TEA)
Download PDF 1 page

Investor Visas

EB-5 Investor Green Card Handout

EB-5 qualifications explained: the $1,050,000 / $800,000 investment thresholds, benefit to the U.S. economy, 10-job creation, and the troubled business exception.

  • Investment thresholds and TEAs
  • Job creation requirement
  • Troubled business exception
Download PDF 3 pages
See all immigration resources

Keep exploring

Related reading

How to structure an E-2 deal

Coordinate the purchase agreement, escrow, financing, funding, ownership, and operating plan.

E-2 visa requirements guide

Investment amount, marginality, and the business plan officers read.

Employment immigration

Hiring and transferring staff once the business is running.