If you’re an entrepreneur ready to build your future in the U.S., the E-2 visa is one of the most strategic immigration pathways available. Unlike employer-sponsored work visas, the E-2 lets treaty-country nationals invest in and direct a U.S. business, all while living in the U.S..

Why the E-2 Stands Out

  • Control your own business: As an E-2 investor, you aren’t tied to a single employer. You invest in (or purchase) a business, run it, and grow it. 
  • No annual cap: Unlike many employment-based visas, E-2 isn’t subject to yearly quotas, opening the door when you’re ready. 
  • Family-friendly: Your spouse and dependent children can accompany you, and your spouse may work in the U.S. too. 
  • Renewable indefinitely: As long as your business remains viable, the E-2 visa can be renewed. 

What’s New in 2025

  • New commentary in the industry highlights a shift in how adjudicators evaluate E-2 cases: while there’s no fixed minimum dollar amount for investments, the focus is increasingly on business viability, job creation, and proof that the investment is “at risk”. 
  • Processing timelines for the E-2 are varied for consular vs. in-U.S. filings. The typical timeframe estimates range from as soon as 2-4 weeks at certain consulates and 15 business days or less if you file with premium processing in the U.S. We urge you to discuss your application strategy with an attorney before you begin the process and consider all factors before you begin. 

Are You a Good Fit for the E-2 Visa?

Ask yourself:

  • Are you a citizen of a country with a U.S. treaty of commerce and navigation? 
  • Are you ready to invest a substantial amount of capital (the “right” amount varies by business type, but the standard is it cannot be marginal)? 
  • Will you play an active role in directing and developing the business rather than being a passive investor? 
  • Do you have relevant education, experience, or training in managing a business? This will be an important in your eligibility 
  • Is the business more than simply for your personal living expenses and has potential to generate income and employment for U.S. workers? 

If you answered “yes” to these questions, the E-2 path may be for you!

How to Prepare a Strong E-2 Case

  • Document the investment thoroughly: Show that funds are committed, at risk, and dedicated to a real operating business. 
  • Build a solid business plan: Include realistic projections, hiring plans, and marketplace evidence to demonstrate the enterprise is viable and not “marginal.”  We can refer you to business plan specialists to help.  
  • Demonstrate your controlling role: Show you are directing or developing the business rather than staying passive. 
  • Prepare for renewal: Since many renewals are now scrutinised much like initial filings, staying compliant and active is critical. 
  • Understand country-specific treaty requirements: Because eligibility depends heavily on nationality, confirm that your citizenship qualifies and that any recent treaty updates apply.

Why Act Now

With adjudicators asking deeper questions and business-investment standards rising, now is a strategic time to act. Getting in sooner means you may avoid more stringent future standards, and you’ll be building momentum as your business grows. The E-2 is a visa that rewards initiative, investment and entrepreneurial spirit — so if you’re ready to lead and invest, it may be your pathway.

Ready to Explore Your E-2 Potential?

At Garvish Immigration Law Group, we specialize in guiding entrepreneurs and investors through the E-2 visa process with clarity, strategy, and care. If you’re ready to invest in your American future, start by taking our quick E-2 Qualifying Quiz and schedule a strategy consultation tailored to your goals.

Check Your E-2 Eligibility Now