E-2 Treaty Investor Visa

First verify applicant's nationality is an E-2 treaty country. Mainland China is NOT an E-2 treaty country. If client is a PRC citizen, discuss alternatives (e.g., obtaining Grenada passport through CBI then applying for E-2, or pursuing L-1/EB-5). Evaluate investment amount, business scale, and marginality concerns.

1-2 weeks

Common path for Chinese citizens wanting E-2: first obtain Grenada citizenship ($150,000 investment, 6 months), then apply for E-2 with Grenada passport.

Help plan investment structure: (1) Investment must be "substantial" (typically $100,000+, proportional to business type) (2) Investment must be "at risk" (cannot sit idle in a bank) (3) Business cannot be "marginal" (must create jobs, not just support the investor) (4) Lawful source of funds documentation.

Register business in the US (LLC or Corporation). Obtain EIN. Open business bank account. If acquiring existing business, prepare purchase agreement and transfer documents.

Transfer investment funds from abroad to US business account. Funds must be "committed" and "at risk" (spent on lease, equipment, inventory, hiring, etc.). Keep all transfer records and expense receipts. Investment cannot be in "irrevocable escrow" form.

Confirm your nationality is an E-2 treaty country ( Mainland China is NOT). Prepare investment funds and prove lawful source: personal bank statements, salary/income records, property sale records, inheritance/gift documentation. Fund trail must be clear and traceable.

Before filing E-2, investment funds must already be substantially deployed (at risk). Begin business operations: sign lease, purchase equipment, hire employees, establish supplier relationships. Keep all expense documentation.

E-2 requires investment to be "committed" — cannot just deposit money and say you plan to invest. Must show funds actually spent on the business at interview.

Prepare detailed business plan (5-year projection, financial forecasts, hiring plan). E-2 is primarily processed via consular route (DS-160 + interview). If in US, may file I-129 for change of status. Compile investment evidence (wire transfers, purchase contracts, lease, equipment purchases, etc.).

E-2 interview is critical — consular officer has significant discretion. Prepare applicant for: (1) investment details (amount, source, how deployed) (2) business plan and profitability outlook (3) management role and daily duties (4) hiring plans (5) ties to home country (E-2 is nonimmigrant).

Demonstrate deep knowledge of the business at the interview. The officer will assess whether you are truly operating the business, not just making a passive investment.

Hire US employees (demonstrates business is not "marginal"). Prepare employment records, payroll, I-9s. Show actual business operations: client contracts, revenue records, marketing materials.

Business plan must include: executive summary, market analysis, competitive analysis, marketing strategy, 5-year financial projections, hiring growth plan. The business plan is a core document for the E-2 application.

Review business plan, investment evidence, all personal information in forms. Ensure business plan numbers and descriptions are accurate. The visa officer may ask about any detail in the business plan during the interview.

Bring all original documents to interview. Be ready to answer: investment amount and source, business model, your management role and daily duties, number of employees, profitability/outlook. Demonstrate your control over and involvement in the business.

E-2 visa typically issued for 2-5 years (depending on treaty country reciprocity). Unlimited renewals as long as business continues operating and investor is managing. Note: E-2 does NOT lead directly to green card (no dual intent). If green card needed, must pursue other paths (e.g., EB-5 or employer sponsorship).

After E-2 issuance, must continue operating the business. If business closes or is transferred, E-2 status is lost. At renewal, must show business is still operating and growing. E-2 spouses may apply for EAD (I-765, category (a)(17)) to work legally in the US.