Malescu Law P.A. – Business & Immigration Lawyers
Board-Certified E-2 Visa Lawyer: Expert E-2 Investor Visa Attorney
Launch Your U.S. Business with E-2 Visa Expert
Ready to launch your U.S. business? Our E-2 visa lawyers in Miami, Florida, USA, are Board Certified in International Law—a designation held by only a select group of legal experts. Our primary office serves clients from our central Miami, Florida location, across all 50 states, and internationally.
The E-2 Treaty Investor Visa allows citizens from treaty countries to reside and work in the United States by investing a substantial amount of capital in a US business.
E-2 Visa Benefits: Bringing Your Spouse, Family, and Essential Employees
The E-2 Treaty Investor Visa allows the principal investor to bring their immediate family and essential business personnel to the United States:
- Spouse and Children: E-2 holders can bring their spouse and unmarried children under 21 to reside in the U.S.
- Essential Employees: You may also bring E-2 employees who are nationals of your treaty country to fill executive, supervisory, or essential skill positions necessary for the success of your U.S. enterprise.
Our experienced E2 visa lawyers ensures you receive comprehensive advice on business immigration, operations and growth strategies for your US venture.
E-2 Visa Requirements & FAQs Answered by a Board-Certified Attorney:
- What are the E2 Visa Requirements?
- Is There a Minimum Investment Amount in 2025?
- E-2 Visa Spouse Work Authorization: Can My Spouse Work in the US?
- Dependent Spouses and Children
- Is the E2 Visa a “Dual Intent” Visa?
- How Long Does an E-2 Visa Last?
- Businesses That Qualify for E2 Visa
- Successful E2 visa applications
- Why Partner with Our E2 Visa Lawyers?
1. What are the E2 visa requirements?
To qualify, the investor must meet the following requirements:
- Possess the nationality of a treaty country (currently over 80 eligible nations).
- Have invested or be actively in the process of investing a substantial amount of capital.
- Enterprise is a real, operating commercial enterprise and more than a marginal (must generate significantly more than a minimal living income for the investor).
- You are in a position to develop and direct the enterprise.
- If you are applying for an E2 visa as an employee, you will fill an executive/supervisory position or possess skills essential to the firm’s operations in the United States.
2. Is There a Minimum E-2 Visa Investment Amount in 2025?
No, the law does not set a specific minimum.
Our experienced E-2 visa attorneys can confirm that there is no statutory minimum investment amount. Instead, the law requires a “substantial investment,” which our E-2 lawyer helps you define. The required financial threshold depends on your specific business type and must be proportional to the total cost of establishing or acquiring the enterprise in your chosen industry.
The requirement is a “substantial” investment, meaning the amount must be:
- Proportionate to the total cost of acquiring (purchase price) or establishing the business.
- Sufficient to ensure the financial commitment to the success of the business.
- For capital-intensive businesses (like manufacturing or large franchises), the required E-2 investment often spans from hundreds of thousands to millions of dollars. However, for businesses that are not capital-intensive (like service firms or consulting), the successful investment benchmark can be $100,000 or less.
Our experienced E-2 visa lawyer can advise on a compliant investment amount for your specific business.
3. E-2 Visa Spouse Work Authorization: Can My Spouse Work in the U.S.?
Yes, absolutely. The spouse of an E-2 investor is now employment authorized incident to status. This means:
- They are authorized to work without applying for an Employment Authorization Document (EAD).
- They can work for any U.S. employer, start their own business, or work for the E-2 enterprise. Spouses are authorized to work in virtually any sector, though they may be restricted from employment in certain government-related positions, particularly those requiring high-level security clearance.
- They can obtain a Social Security Number (SSN) after arriving in the U.S. The application for SSN must be filed from within the U.S. and cannot be processed from abroad. They can apply for their SSN at the nearest local Social Security Administration (SSA) office.
4. Dependent Spouses and Children:
- Common-Law/Partners: While typically requiring a legal marriage, our experienced E-2 visa lawyers can advise on potential eligibility for common-law spouses or partners if the relationship meets specific, complex requirements under U.S. immigration law. If you are in a common-law relationship, contact our E-2 visa attorneys.
- Spousal Eligibility (Marriage): To qualify as a dependent, a spouse must generally be legally married and present a valid marriage license.
- Children (Under 21): Children accompanying the E-2 investor are not authorized to work, but they can attend any public or private primary school, secondary school, or university without needing a separate F-1 student visa.
- Children & SSN: Dependent children with E-2 visas cannot get a SSN because they are not authorized to work in the US. However, children can apply for an Individual Taxpayer Identification Number (ITIN) with the US Internal Revenue Service (IRS). You can then use the ITIN to to claim your children as dependent on your IRS tax returns and obtain medical insurance. For more information, refer to Individual Taxpayer Identification Number.
To learn more visit E2 Visa Spouse Children and Family Members.
Ready to Launch Your E-2 Visa Business? Contact our E2 Visa Lawyers Today. Serving investors from all E-2 treaty countries across the USA and worldwide.
Don’t risk your investment or your future on incomplete guidance. Partner with our Board-Certified E-2 Visa Lawyer to ensure your application meets every requirement, from substantial investment to final approval.
5. Is the E-2 Visa a “Dual Intent” Visa?
No, the E-2 is not a classic dual intent visa like the L-1 or H-1B. However, U.S. Department of State guidance states that an E-2 applicant is not required to establish a foreign residence they do not intend to abandon.
While you must express an unequivocal intent to depart the U.S. upon the termination of E-2 status, the filing of an immigrant petition (such as an I-130, I-140 or I-526/I-526E EB-5 Green Card) is not an automatic basis for denial. Strategic planning with a knowledgeable E-2 lawyer is essential when navigating this area.
6. How Long Does An E-2 Visa Last?
The visa stamp is typically granted for 3 months to 5 years, depending on the reciprocity treaty with your country of citizenship. However, the E-2 visa can be renewed indefinitely as long as the business continues to meet all requirements.
Our experienced E-2 visa lawyers will advise you on the exact duration and renewal strategy specific to your nationality.
7. Businesses That Qualify for E2 visa
Virtually any legal, for-profit commercial enterprise in the U.S. can qualify for an E-2 visa, provided it is a “real and operating” business that is not marginal (i.e., it must have the present or future capacity to generate more than a minimal living for the investor and family, typically through job creation). Some exceptions apply for certain real estate companies.
Our experienced E-2 visa lawyers advise clients that there is no mandated business type—you have the flexibility to establish a new business, buy an existing business, or purchase a franchise.
While exceptions apply to purely speculative or passive investments (such as undeveloped real estate), a wide range of active businesses are highly suitable for E2 visa, including:
| E-2 Investment Categories | Examples of Suitable Businesses |
|---|---|
| Service & Consulting | Consulting Firms, Marketing Agencies, IT Services, Travel Agencies |
| E-Commerce & Digital | Online Businesses, E-commerce, Online Stores |
| Hospitality & Retail | Hotels, Motels, Restaurants, Fast-Food Restaurants, Food Trucks, Cafes, Bakery, Retail Stores, Convenience Stores |
| Personal Services | Hair Salons, Spas, Fitness Studios, Gyms, Dance/Pilates Studios, Pet Grooming & Cafes, Laundry Services |
| Trade & Distribution | Wholesalers, Equipment Suppliers, Other Trade and Distribution Services |
8. Successful E2 visa applications
- A UK entrepreneur invested $100,000 in a new coffee shop in New York City. He was able to show that the business had a viable business plan and he was actively involved in its management.
- A Romanian entrepreneur invested $65,000 in an online business. He was able to show he has the necessary experience and expertise to operate the business successfully.
- A Canadian couple invested $120,000 in a truck repair shop. They showed they met the requirements and had the expertise to drive sales.
- A South Korean couple invested $350,000 in a franchise bakery chain combined with purchasing the real estate. They were able to show that they had the expertise to operate the business successfully.
- A Jamaican software engineer invested $55,000 in his own IT consulting and software development business. He was able to show that he had a strong track record of success and that his business had a good chance of success.
- A Mexican entrepreneur invested $85,000 in her own import company. She was able to show that she manufactured the cosmetics outside the United States and had the network to successfully develop the business in the United States.
Our track record includes numerous successful E-2 visa applications across diverse industries. In every approved case, the investors distinguished themselves by:
- Meeting All E-2 Requirements: Satisfying all regulatory criteria, including the substantial investment and non-marginality tests.
- Presenting a Strong Case: Submitting a comprehensive business plan.
- Demonstrating Expertise & Management: Clearly proving the investor’s expertise and active role in the development and direction of the U.S. enterprise.
9. Why Partner with Our E2 Visa Lawyers?
The E-2 application process is complex, requiring precise legal and business structuring. As Board-Certified experts in International Law, we combine knowledge of U.S. immigration law, international law, and business to structure your investment for E-2 compliance:
- Integrated Expertise: We combine knowledge of U.S. immigration law, international law, and business to structure your investment for E-2 compliance and business success.
- Licensed & Qualified Legal Counsel: Only attorneys licensed to practice law in the United States are legally qualified to advise clients on U.S. immigration laws. We provide accurate, reliable, and authorized legal advice, unlike non-lawyer consultants who lack the necessary expertise and legal qualifications to guide your E-2 application.
- Comprehensive Representation: Our legal team is authorized to represent you before both the U.S. Citizenship and Immigration Services (USCIS) (for changes/extensions of status within the U.S.) and at U.S. Embassies and Consulates worldwide (for visa issuance). We manage your case from initial strategy through final approval.
- Confidentiality: All your sensitive business and financial information is protected by the Attorney-Client Privilege. This is the strongest legal protection in the U.S., ensuring your sensitive details remain private.
- Strategic Compliance & Planning: We guide foreign investors, business owners, and entrepreneurs through investments that comply with all E-2 regulations, assist with long-term business and immigration planning, and expertly handle the complete documentation and preparation of your E-2 visa application. We assist with choosing the right business, E2 business plan, structuring the investment, gathering evidence, and preparing you for the E-2 interview to maximize your chances of a successful application.
Ready to Launch Your E-2 Visa Business? Contact our E2 Visa Lawyers Today. Serving investors from all E-2 treaty countries across the USA and worldwide.
Don’t risk your investment or your future on incomplete guidance. Partner with our Board-Certified E-2 Visa Lawyer to ensure your application meets every requirement, from substantial investment to final approval.
Ready to Invest? Contact Our Board-Certified E-2 Visa Lawyer Today
We are committed to helping you achieve your immigration goals. We are proud of our track record of success in E2 visa cases.
Our experienced E-2 visa lawyer can provide you with a variety of advice regarding the E-2 investment, including:
- E2 visa suitability. We provide personalized consultations to determine if the E-2 visa is the optimal immigration pathway for your specific investment goals, business type, and long-term residency plans.
- Choose the right business. Not all businesses are well-suited for the E-2 visa. Some factors to consider include the startup costs, the industry, and the potential for job creation. Our lawyers help you select the best legal and financial structure for your US business.
- Make a substantial investment. The amount of investment required varies depending on the nature of the business. However, it should be enough to ensure the successful operation of the enterprise.
- Show that the investment is at risk. The investment must be at risk, meaning that the investor could lose their money.
- Be prepared to manage and develop the business. The investor must be actively involved in the management and development of the business. This means having a hands-on role in the day-to-day operations of the business.
- Case Preparation and Management: Our E2 visa lawyers compile evidence, prepare and file your E-2 application, and provide targeted E2 interview preparation to maximize your approval chances.
Contact us now or schedule a consultation.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
E2 Visa Lawyers: Malescu Law P.A. Business Immigration Lawyers
Areas of Practice
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- International Business Transactions
- Investor Visa Lawyer
- Mergers and Acquisitions
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