What Is the E-2 Visa?
The E-2 Treaty Investor visa allows nationals of certain treaty countries to enter the United States to develop and manage a business they have invested in. The business must be real and operating, and the investor must make a substantial investment. U.S. law does not define a specific dollar minimum, but the amount must be significant relative to the total cost of the business.
Can You Apply with a Partner?
Yes. Two or more investors may qualify for E-2 visas based on the same business. However, each person must meet the requirements individually. This means each partner must invest a substantial amount of their own funds, place those funds at risk, and have a role in directing the business.
How Much Must Each Partner Invest?
Each investor must show they have invested or are in the process of investing personal funds. These funds must be irrevocably committed and placed at risk. The investment must also be proportional to the total cost of starting or purchasing the business.
Example: Equal Investment and Control
Two partners from the same treaty country open a small coffee shop in the U.S. The startup cost is $100,000. Each partner invests $50,000. They register the business as a 50/50 partnership and sign an agreement showing equal control. Both are actively involved and submit individual E-2 visa applications with proof of investment, source of funds, and control. Because they qualify separately, both are eligible for the visa.
Three Common Partnership Types
1. Two E-2 Investors as Co-Owners
Both partners are treaty nationals applying for E-2 visas. Each must invest qualifying funds and have equal or majority control. If structured correctly, both can qualify and manage the business together.
2. E-2 Investor With a U.S. Citizen or Resident
A U.S. partner may contribute funds, but their money does not count toward the E-2 visa. The foreign investor must provide their own qualifying investment and maintain at least 50% ownership or operational control.
3. E-2 Investor With Other Foreign Nationals (Non-Applicants)
If other foreign investors are not applying for visas, their funds may support the business but do not count toward the applicant’s E-2 qualification. The E-2 investor must independently meet the investment and control requirements.
Control and Ownership Requirements
An E-2 investor must either own at least 50 percent of the business or have equal control over its operations. In joint ventures, control must be documented through legal agreements such as an operating agreement.
Lawful Source and Proof of Funds
The investor must show where the funds came from and how they were transferred into the business. Acceptable sources include income, savings, or asset sales. Officers require clear documentation such as tax returns, wire transfers, and receipts to confirm the investment is legal and at risk.