Start a Business in the U.S. with an E-2 Visa

Foreign nationals looking for entrepreneurial opportunities in the U.S. can start their own businesses here with the help of an E-2 visa. The E-2 visa is a nonimmigrant visa, which means it is temporary and must be renewed every two years. However, there is no limit on the number of times it can be renewed.

Here’s what you need to know about qualifying for an E-2 visa to start a small business in the U.S.:

Be a national of a U.S. treaty country. The U.S. has commerce and navigation treaties in place with more than 80 countries. You must be a citizen of one of these countries to be eligible for an E-2 visa.

Have invested or plan to invest in a U.S. business. You must have personal assets at risk for investment in a U.S. business and, if the business is not yet operational, it must be “open for business” soon in order to obtain your E-2 visa.

Intend to run the business yourself. You must have the appropriate skills and plan to direct and run the business yourself.

Make a substantial investment. You must make a substantial investment in your U.S. business. While the government does not provide a precise definition for “substantial,” what is considered to be substantial for purposes of obtaining an E-2 visa will be in proportion to the size of and the type of the business.

Employ others. Your business must be large enough to employ others, not just yourself or members of your immediate family. The spouse of an E-2 visa holder is eligible to obtain work authorization, but cannot work until he or she receives that authorization from the USCIS. Unmarried children can attend school, but are not eligible to work.

Intend to return home. You must intend to return to your home country after your E-2 visa expires (though you can apply for a renewal upon the expiration of the initial visa).

Applying for an E-2 visa requires extensive documentation, and should not be undertaken without the counsel of an experienced business immigration attorney.