The E visa category is based upon a treaty of friendship, commerce and navigation, or a Bilateral Investment Treaty. Individual companies or citizens of a qualifying country may qualify for an E-2 Treaty Investor visa. This visa category is truly designed for a small business owner and is intended to allow foreign nationals to come to the U.S. to purchase an existing or a new business, or engage in a joint business venture.
There is no time restriction as to how long the visa may be issued for, and the foreign national may remain in the U.S. so long as the enterprise is owned by a citizen of the treaty country and the enterprise has the present and future capacity to generate income that is significantly greater than what is necessary to provide a minimal living for the foreign national investor and his family. The size of the investment may vary from Consular Post to Consular Post. Our office had some Consulates approve E-2 visas with an investment size as small as $75,000. The size of the investment must be appropriate for the business type and the projected growth.