Treaty Investor Visa Attorney
The E-2 Treaty Investor Visa allows nationals of treaty countries to live and work in the United States by investing in and directing a U.S. business. It is one of the most flexible nonimmigrant visa categories available to foreign entrepreneurs. Unlike the EB-5 immigrant investor visa, the E-2 has no fixed minimum investment amount, no annual quota, and no requirement for extraordinary ability or advanced degrees.
Pollak PLLC represents E-2 investors and treaty-country entrepreneurs in Dallas, Fort Lauderdale, and across all 50 states. Our managing attorney, Karen-Lee Pollak, an immigrant herself and former chair of a major law firm's immigration practice, brings decades of experience to every E-2 case. We guide clients from initial investment planning through consular interviews and long-term visa renewals.
What is an E-2 visa?
The E-2 visa is a nonimmigrant visa that allows citizens of treaty countries to enter the United States to develop and manage a business in which they have invested a substantial amount of capital. The visa is typically issued for two to five years, depending on the applicant's country of citizenship, and can be renewed indefinitely as long as the underlying business remains active and the investor continues to meet eligibility requirements.
E-2 status extends to the investor's immediate family. Spouses receive work authorization and may be employed by any U.S. employer in any lawful capacity. Unmarried children under 21 may attend U.S. schools and universities without obtaining a separate student visa. Once a child reaches 21 or marries, they must independently qualify for a separate visa classification.
The E-2 visa does not directly lead to a green card. It is a temporary visa with no dual-intent provision. However, many E-2 holders transition to permanent residency through separate pathways, including EB-5 investor visas, EB-2 National Interest Waivers, or employer-sponsored green card petitions. Pollak PLLC advises E-2 clients on both immediate visa needs and long-term immigration strategies.
E-2 Visa Requirements
E-2 visa eligibility is determined by four core requirements. Each must be documented and presented clearly in the petition. USCIS adjudicators and consular officers evaluate these criteria independently. There is no education requirement, no minimum age threshold, and no prior U.S. business experience needed.
Treaty Country Citizenship
The applicant must hold citizenship in a country that maintains a treaty of commerce and navigation with the United States. The U.S. Department of State maintains the official list of qualifying treaty countries. Citizenship is what matters, not country of birth or current residence. If the applicant holds dual citizenship, only one nationality may be designated for the E-2 enterprise. Canadian, Australian, British, German, French, Japanese, Mexican, and Colombian nationals are among the most common E-2 applicants, though more than 80 countries currently qualify.
Substantial Investment
The investment must be substantial in relation to the total cost of the business. There is no legally defined minimum dollar amount. USCIS applies a proportionality test: the investment must be large enough to ensure the business can operate successfully. For new businesses, the full startup cost is the benchmark. For existing business purchases, the investment is measured against the purchase price. In practice, most approved E-2 applications involve investments of $100,000 or more, though smaller amounts may qualify for lower-cost businesses.
Funds must come from a lawful source, and the investor must document the complete chain of custody from origin to the U.S. business account. Acceptable forms of investment include cash deposits, equipment purchases, lease payments, inventory, and loans secured by the investor's personal assets. Loans secured by the business assets alone do not count toward the investment total.
Real, Operating Enterprise
The E-2 business must be a genuine commercial enterprise that is actively producing goods or services. Passive investments, such as purchasing undeveloped land, holding stocks, or buying a personal residence, do not qualify. The business must have a physical location or documented commercial address, an active business registration, and evidence of current or imminent operations.
The enterprise must also be non-marginal. This means it must generate enough income to provide more than a minimal living for the investor and their family. Demonstrating job creation for U.S. workers, either at the time of application or within a five-year business plan horizon, strengthens the non-marginality argument.
Investor's Role and Control
The investor must own at least 50% of the business or otherwise demonstrate operational control through a managerial or executive position. E-2 classification also extends to essential employees of the treaty enterprise, provided those employees share the investor's treaty-country nationality and serve in supervisory, executive, or specialized-skill roles.
Why Pollak PLLC as your E2 Visa Lawyer
Pollak PLLC brings decades of immigration law experience and a client-centered approach to every case. Led by Managing Attorney Karen-Lee Pollak, who has personally experienced the immigration journey, our team combines legal precision with genuine empathy and business insight. We help entrepreneurs, executives, and professionals navigate each step of the E visa process with confidence.
Whether you’re investing in a new company or seeking to expand your operations, a Pollak PLLC Dallas immigration lawyer can guide you through the entire E-2 process—from the first investment to long-term strategic immigration planning—ensuring your goals are met with precision and care.
Unlike general immigration practices, we offer tailored guidance specifically for treaty traders and investors. Whether you're launching a new venture, expanding an existing company, or transferring a key employee, Pollak PLLC helps position your petition for success by highlighting the strengths of your business and aligning them with current immigration expectations.
As an immigrant herself and former chair of a major law firm’s immigration practice, Karen-Lee Pollak brings first-hand insight and decades of experience to every case. Our firm provides full-service E-2 visa counsel for investors and entrepreneurs – from strategic business plan guidance to navigating complex USCIS and consular procedures – all delivered with a client-centered approach. Pollak PLLC’s reputation for integrity and success is reflected in honors like Chambers Global and Texas Super Lawyers rankings, and in the trust of clients nationwide. With offices in Dallas and Fort Lauderdale and authorization to practice U.S. immigration law in all 50 states, we offer big-firm expertise with personalized attention to E-2 treaty investors across the country.
