E2 Visa

Home > E2 Visa
New York Law Firm Banner Image - Berd & Klauss, PLLC

E2 Visa Lawyer in New York – Berd & Klauss, PLLC

E-1 and E-2 visas are non-immigrant employment- based investor visas for foreign nationals who are citizens of certain countries that have treaties with the United States. The E-1 Treaty Trader visa is available to foreign nationals of countries with which the United States maintains a Treaty of Commerce and Navigation. The foreign nations of these countries who are coming to the United States to carry on substantial international trade are allowed to enter through this visa

The E-2 Investor visa is available to foreign nationals of countries that have an Investor Treaty with the United States. The foreign national, or foreign entity, must make a substantial investment in the United States enterprise. While there is no black and white figure which is required to meet the “substantial” investment test, the required amount to be considered “substantial” depends on a variety factors including the type of the industry, the type of business, and the location of the business.  For example, if the business is a restaurant in New York, the E-2 investor would be expected to invest in premises, kitchen build out, supplies, raw goods, advertising, among other items. In comparison, a consulting business may be more hard pressed to justify a high enough amount of investment due to the low startup costs required for such an enterprise. Therefore, a lower amount of money will be considered ‘substantial’ for the second type of business. Our E-2 visa lawyers based in New York have extensive experience with this E-2 visa category and have guided companies of all kinds with successful applications