E-2
The E-2 is a temporary visa for citizens of countries that have a qualifying treaty with the United States, who invest a substantial amount of capital in a U.S. business and come to develop and direct it.
Treaty investor
Citizenship comes first
The E-2 depends on the citizenship of the investor, not on where the person lives. The U.S. State Department publishes the list of treaty countries. Brazil is not on that list at this time. A person who also holds citizenship of a treaty country, such as Portugal or Italy, may be able to consider this path.
What is generally evaluated
- Citizenship of a treaty country and ownership of at least 50% of the business, or operational control
- A substantial investment, already committed and at risk
- A real, operating business, rather than a passive investment
- A business that is more than marginal and may generate income beyond supporting the investor and family
- The investor's role in developing and directing the business
Length of stay
The E-2 is granted for a set period and may be extended while the requirements continue to be met. It is a temporary visa, and the person needs to intend to depart when the status ends. Spouses and unmarried children under 21 may be eligible for dependent status, and spouses may be able to work.
Common questions
Is the E-2 a green card?
No. It is a temporary visa and does not lead directly to permanent residence.
What is the minimum investment?
The law does not set a fixed amount. It needs to be substantial in relation to the cost of the business, which is analyzed case by case.
General information only. Eligibility, approval and timing depend on each case and cannot be guaranteed.