Practicing Exclusively Immigration Law
on the Treasure and Gold Coasts of Florida
E-2 Treaty Investor Visas: Strategic Investment in the United States
The E-2 Treaty Investor visa allows nationals of treaty countries to reside in the U.S. by investing a substantial amount of capital in a U.S. business. At the Law Office of Andrew R. Sones, we provide authoritative, licensed legal guidance for investors in Delray Beach, South Florida, and across the world.
Whether you are launching a new enterprise or purchasing an existing business, our firm ensures your petition meets the rigorous "at-risk" and "substantiality" requirements. We represent global entrepreneurs, ensuring their move to the United States is backed by experienced legal strategy.
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Core E-2 Visa Eligibility Requirements
To qualify for E-2 classification, the treaty investor must meet specific criteria defined by the Department of State and USCIS:
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Treaty Nationality: You must be a citizen of a country with a qualifying treaty of commerce with the U.S.
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Substantial Investment: The capital must be "substantial" relative to the cost of the business and sufficient to ensure the business's success.
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At-Risk Capital: The investment must be a real, active commercial enterprise. "Idle" funds in a bank account do not qualify; the capital must be subject to loss.
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Non-Marginality: The business must have the capacity to generate more than enough income to provide a minimal living for you and your family.
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Develop and Direct: You must show at least 50% ownership or operational control of the enterprise.
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Comprehensive Legal Support for Investors and Employees
Attorney Andrew R. Sones, a member of the American Immigration Lawyers Association (AILA) and the American Bar Association (ABA), manages the entire application lifecycle. We provide meticulous preparation for:
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Form I-129: For investors already in the U.S. seeking a change of status.
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Consular Processing: Coordinating with U.S. Embassies worldwide for visa issuance.
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Essential Employees: E-2 visas are also available for highly specialized or managerial employees who share the same nationality as the treaty investor.
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Family Unity: We assist with derivative visas for spouses (who receive open work authorization) and children under 21.
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Why Choose a Global Immigration Advocate?
Our firm is based in Delray Beach, but our immigration legal services are offered to clients across the world. We combine local South Florida market knowledge with a global perspective. By choosing a licensed, experienced attorney, you ensure that your investment is protected by a strategy designed for approval.
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Frequently Asked Questions (FAQ)
What is considered a "substantial" investment? There is no fixed dollar amount. USCIS uses a "proportionality test." For a low-cost business, the investment percentage must be higher. For a multi-million dollar enterprise, the percentage may be lower.
Can I buy a franchise for an E-2 Visa? Yes. Franchises are often excellent vehicles for E-2 visas because they provide a proven business model, which helps satisfy the "bona fide enterprise" requirement.
How long does the E-2 Visa last? E-2 visas are typically issued for up to 5 years (depending on the treaty country) and can be renewed indefinitely as long as the business remains operational and profitable.
Do I need a business plan? Absolutely. A comprehensive 5-year professional business plan is a critical piece of evidence to show the "non-marginal" nature of the business.
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Schedule Your Investor Strategy Session
Ready to invest in your future in the United States? Contact our South Florida office today.
