If you have a viable business and a passport from a treaty country, the E categories can be a fast, practical way to plant roots in the United States without committing to permanent residence. The hard part is not always the paperwork. It is choosing the right path and shaping your business so the visa flows naturally from the facts. That is where a seasoned investor visa lawyer earns their keep.
I have guided founders who bought logistics companies in Texas, consultants who grew a niche practice into a five-person shop in New York, and manufacturers who opened a small assembly line in the Midwest. The pattern is consistent. Strong planning, the right investment structure, clean documentation, and an honest assessment of growth potential make or break an E case. Whether E-1 or E-2, the visa mirrors the credibility of your business decisions.
What E-1 and E-2 Really Mean in Practice
The statutory definitions are straightforward. The E-1 treaty trader category hinges on “substantial trade” that is principally between the United States and your treaty country. The E-2 treaty investor category requires a “substantial investment” in a real, operating enterprise and the intent to develop and direct it. In practice, the evidence burden and business posture differ.
An E-1 case must show repeated transactions of goods or qualifying services, steady volume, and a pattern that looks commercial rather than occasional. There is no single revenue threshold that guarantees success, but adjudicators respond to numbers that show ongoing activity. For a software distributor, that might be 40 contracts with American resellers over the past year, with more than 50 percent of the company’s total international trade tied to US buyers. For a professional services firm, it could be monthly invoices, client agreements, and bank statements that tell a consistent story of cross-border work. Think continuity, not one big deal.
An E-2 case, by contrast, centers on money at risk and a credible plan for job creation. The regulations do not set an e2 visa minimum investment, which often creates confusion. I have seen approvals at 90,000 dollars for a lean consulting startup with signed contracts and a clear hiring plan. I have also seen denials at 250,000 dollars where funds sat in escrow with weak operational proof. The right number is “substantial” relative to the total cost of the business, sufficient to launch and sustain it, and already committed to qualifying expenses. Buildout, equipment, initial inventory, professional fees, key staff salaries, software licenses, marketing spend, and lease deposits can all count if properly documented and actually deployed.
The Treaty Country Gate
Both visas require citizenship in a country that has a qualifying treaty with the United States. Dual nationals must match the nationality of the treaty country to the company’s ownership and to the nature of the qualifying trade or investment. If you hold two passports, a lawyer will often help you choose the stronger treaty partner and align the ownership chain to that nationality. If your home country lacks a treaty, we sometimes structure ownership through a treaty-country holding company, provided the ownership and control remain authentic and well documented.
The Ownership and Control Puzzle
Adjudicators look past letterhead and logos to who really owns and directs the company. At least 50 percent of the enterprise must be owned by persons with the treaty nationality. For groups, this can be measured by aggregate shareholding. For entrepreneurs, even sole ownership can be fine. Where I see preventable problems is when a founder allocates 60 percent to a US permanent resident friend as a favor, then tries to claim E status on a 40 percent position. That fails. An investor visa attorney will stress-test your capitalization table and, if needed, restructure equity before filing.
Control also matters. If you own 60 percent but signed a voting agreement that hands control to a non-treaty partner, the case weakens. Clean governance documents that show decision-making power aligned with treaty nationals reduce friction at the consulate window.
Picking E-1 or E-2 Based on Your Commercial Reality
If most of your revenue is cross-border and tied to recurring shipments or services to the US, E-1 often fits better. A UK-based industrial parts trader who sells 65 percent of annual volume to US distributors is a classic E-1 candidate. The company’s US office coordinates orders, manages logistics, and grows accounts. The work is about managing the flow of commerce. The visa categories were built for this.
If your primary goal is to build or acquire a US enterprise, hire staff, and reinvest profits, E-2 usually wins. A Canadian entrepreneur buying a 350,000 dollar car wash with a plan to add two locations, or a Japanese founder launching a robotics integration firm in Austin with 220,000 dollars in equipment and payroll lined up, fits E-2. The throughline is money at risk now and a business that is more than marginal.
Edge cases exist. A software company with distributed teams sometimes qualifies for E-1 through cross-border service contracts, even though the “product” is delivered online. Conversely, a technology consultant who has a handful of US clients might choose E-2 if revenues still come mainly from the US office’s local engagements and the investment in staff and systems is substantial. The better path reflects where your money, customers, and operations already point.
The Heart of an E-2: Your Business Plan That Feels Like a Real Company
Consular officers read hundreds of plans. Boilerplate sinks cases. A persuasive e2 business plan is not a glossy brochure. It connects investment, milestones, and jobs in a way that a manager could run day to day.
I ask founders to quantify the first 24 months in painful detail. What is the monthly burn? Which roles are you hiring in quarter one, quarter two, and why? What gross margin do you expect by month six and what assumptions lead to it? Which vendors are already lined up? Show signed lease terms, equipment quotes, executed vendor agreements, initial client contracts, and bank statements that reflect cash outflows. When we documented the launch of a boutique packaging manufacturer, we attached machine serial numbers, insurance binders, OSHA compliance steps, and an onboarding schedule for two operators and a sales rep. The plan read like operations, not fiction. The visa followed.
A defensible plan also handles the “marginality” test. The business needs to do more than support the investor and a single helper. It should scale to employ several US workers within three to five years. I avoid vague promises. e2 visa cost ALONZI LAW GROUP PLLC We convert them into defined roles with salary bands and expected start dates. If a founder hesitates to commit to those hires, the E-2 might not be the right fit yet.
Substantiality, At Risk, and Irrevocability
These three terms appear in E-2 guidance, and they are where many do-it-yourself filings stumble. Substantiality is relative to total startup or acquisition cost and to the business type. A cafe needs a different level than a software consultancy. At risk means funds are subject to partial or total loss if the venture fails. Irrevocability means you have already committed funds, not just promised to commit them.
Escrow arrangements can work when tied to a contingent closing that depends solely on visa issuance, but the escrow must be tight. I have corrected cases where the escrow terms allowed the investor to withdraw funds for any reason, which undermined the “at risk” element. Cleaner evidence shows wire transfers, invoices marked paid, payroll funded, deposits made, and buildout underway. Officers favor facts on the ground.
Staffing Strategy and the Human Element
E visas are about creating or expanding US economic activity. That shows in your staffing map. Identify which employees you will hire locally, which roles the investor fills at the start, and how supervisory control will pass as the team grows. I encourage founders to line up letters of intent from potential hires or at least document interviews, job descriptions, and a timeline.
A Florida-based E-2 client in specialty marine services used a phased hiring plan. Quarter one, a lead technician and an office manager. Quarter two, two technicians and a safety officer. Payroll costs were budgeted at 36 to 42 percent of projected revenue in the first year, then 28 to 32 percent in year two as utilization improved. The plan was not fancy. It was specific. That specificity made the visa interview easier, because the founder could speak to names, not just numbers.
When E-1 Looks Obvious, Make It Undeniable
For E-1 traders, the two pressure points are volume and nationality of trade. “Principal trade” means over 50 percent of your international trade must be with the United States. If your sales are split 45 percent US, 30 percent EU, 25 percent Asia, you are not there yet. An investor visa lawyer will help you analyze 12 to 24 months of invoices and shipping records to confirm the ratio. If you are close, a short period of focused US sales can tip the balance before filing.
Volume is judged by the nature of the trade. A company that ships 200 small orders a year for bespoke machine parts can succeed if the cumulative value and frequency look commercial. A services firm must show a pattern of repeat engagements. One seven-figure transaction may not be enough. Bank statements, bills of lading, customs forms, service agreements, delivery receipts, and tax filings all tell the story. The goal is to leave little to inference.
The Mechanics of Filing: Consulate vs. Change of Status
Many founders ask whether to apply at a consulate or to file a change of status with USCIS from inside the United States. There is no one right answer.
Consular processing leads to an E visa sticker in your passport, often valid for multiple entries and several years depending on reciprocity with your treaty country. It takes longer to prepare but can be faster to resolve once your appointment arrives. The packet is comprehensive, and the interview requires crisp, credible answers. If travel flexibility matters, consular processing is usually better.
Change of status can be quicker for someone already in the United States who needs work authorization to start operating. USCIS approves status, not a visa stamp. You cannot reenter the United States in E status after travel abroad unless you later attend a consular interview. A thoughtful investor visa attorney will map your travel needs, family timing, and business schedule before picking a filing path.
E-2 Visa Renewal and the “Keep Proving It” Reality
E status is not set and forget. E-2 visa renewal depends on performance. Officers expect that the business executed on its plan, created US jobs, and maintains a healthy outlook. When we prepare renewals, we treat them like a new case, but with stronger evidence. We include tax returns, W-2 summaries, payroll records, updated organizational charts, bank statements, major customer contracts, and a brief narrative that explains any variance from the original plan.
Plans change. Supply chain shocks, lost anchor clients, and new competitors can dent revenue. A transparent explanation paired with corrective steps works better than a defensive tone. One client in hospitality missed year one revenue by 22 percent after construction delays. We documented mitigation: renegotiated lease terms, a marketing partnership with a local venue, and two new hires in sales. The renewal was approved because the business was real and adapting.
Common Pitfalls I See, and How to Avoid Them
- Underfunded ventures that cannot cover six to nine months of operations, especially with payroll commitments. If your conservative cash flow shows a cliff at month four, add capital or scale the plan. Ownership that fails the treaty nationality test. Fix the cap table early, and document the source of funds for any transfers. Plans that ignore job creation. Even lean tech plays should budget for US hires within the first two years. Overreliance on future promises. Move funds, sign leases, place orders, and document everything before filing. Sloppy financials. Make your bookkeeping clean from day one. Officers trust numbers that reconcile across bank, invoicing, and tax records.
The Role of an Investor Visa Lawyer Beyond Forms
Most founders can fill in a form. The value of an e2 immigration lawyer or investor visa attorney sits in three areas.
First, structuring. We make sure the ownership, capitalization, and governance match the visa rules and your tax and liability goals. That can mean forming a new US entity with shareholder control aligned to your passport, or reshaping an acquisition so funds are truly at risk.
Second, narrative. Officers review stacks of applications. Your packet must read as a single, coherent story told through contracts, receipts, plans, and testimony. We cut fluff, highlight anchors, and put every exhibit in context so the adjudicator does not have to guess.
Third, timing. We coordinate licensing, leases, key hires, and vendor agreements so your evidence is fresh but not premature. Push too early and you look hypothetical. Wait too long and you burn runway. The sweet spot varies by industry. A light manufacturing startup needs permits and equipment delivery dates. A professional services firm needs revenue traction and signed clients.
Funding Sources and Proving Lawful Origin
E cases do not require a specific type of funding, but the source must be lawful and traceable. Personal savings, proceeds from property sales, dividends, business earnings, gifts, and legitimate loans all work with proper documentation. For loans, unsecured loans are preferred unless collateral is personal, not the enterprise’s assets. If a bank retains a security interest over the company’s inventory or equipment, you undercut the “at risk” requirement.
Traceability means bank statements, sale contracts, tax returns, and wire records that show money flowing from origin to your US business account. In a Brazilian case, we tied funds from the sale of a family-owned logistics warehouse to the investor’s account, then to the US company through three dated transfers with matching FX confirmations. The officer had no doubt about origin or control.
Spouses, Children, and Work Authorization
Spouses of E principals can obtain work authorization in the United States, a practical advantage that changes family economics. Children under 21 can study but not work. The age cliff arrives sooner than most families expect. If your child turns 21 in the next two or three years, plan for transitions, whether that is a student visa or another status. An investor visa lawyer will build this into the timing so you are not caught scrambling.
How Industry Nuance Shapes Evidence
A retail store needs a visible location, local permits, inventory, a point-of-sale system, and staff. Show photos, lease terms, supplier invoices, and first-month payroll. A SaaS firm trades in intangible assets. Prove traction with paid contracts, server costs, developer payroll, and security compliance spending. A niche manufacturer will win an officer’s trust with equipment serial numbers, safety training records, supplier contracts, and shipping logs.
One E-1 client in creative services initially submitted a portfolio and invoices. The case felt thin. We added detailed statements of work, cloud hosting invoices, proof of content delivery via timestamped links, and a schedule of recurring retainers. That shift from abstract to concrete persuaded the officer that real trade in services was happening at scale.
Tenable Alternatives if E Is Not a Fit
Sometimes the better answer is to wait or choose another category. If you cannot meet the E-1 principal trade ratio, consider building more US sales first. If your investment for E-2 is still hypothetical or underfunded, assemble capital, lock key contracts, and revisit in a quarter.
Other paths may serve long-term goals. An L-1 for intracompany transferees can fit if you have a qualifying foreign company and plan a US affiliate. An O-1 can work for founders with extraordinary achievements in their field. Employment-based immigrant options like EB-2 with a National Interest Waiver or EB-1C for multinational managers may align with scale-up plans. The right investor visa lawyer will not force an E case if the fact pattern argues for something else.
Real Timelines and Cost Expectations
Expect several weeks to assemble a solid record, longer for acquisitions or buildouts. Consular appointments vary by post and season. Some treaty nationals receive five-year visas; others get shorter validity. Budget legal fees, filing costs, and the cost of documenting properly. Resist the temptation to cut corners on accounting or contracts. Those savings evaporate if a weak record triggers a request for more evidence or a denial.
Preparing for the Interview
Treat the consular interview like a meeting with a potential investor who is skeptical by default. Rehearse your numbers. Know your average order value, burn rate, margins, and headcount plan. Bring clean copies of key exhibits in case the officer wants to see them. Keep answers short, direct, and anchored in documents. Officers often ask about job creation, your role, and why the US market. They rarely want a lecture. They want proof that your story holds up under simple questions.
After Approval: Compliance Habits That Pay Off at Renewal
Two habits make renewals easier. Keep monthly financials that reconcile to bank statements, and keep a tidy file of major contracts, leases, permits, and tax filings. When you hire, document the role, wage, and start date. If you pivot, write a short internal memo explaining why and how the change strengthens the business. These small steps give your future self a crisp record rather than a scavenger hunt.
The Bottom Line on E-1 vs. E-2
Pick the category that reflects what you already do best. If your company moves goods or services across the border at steady volume, E-1 is often cleaner. If you are building or buying a US enterprise with real money at risk and a plan to hire, E-2 fits. Either way, align ownership to your treaty nationality, put funds to work, and treat the evidence as if the officer must run your business from your documents alone.
An investor visa lawyer does more than shepherd forms. We translate commercial reality into a legal narrative that withstands scrutiny, trim the parts that feel aspirational, and spotlight the numbers that speak for themselves. That judgment, shaped by hundreds of filings and a few hard lessons, is the quiet edge that turns a credible business into an approval.
If you already have a draft plan or early investments, a short diagnostic with an experienced attorney can quickly show whether you are closer to E-1 or E-2. From there, tightening the e2 business plan, finalizing the cap table, and pacing the spend become practical steps rather than guesswork. The category follows the facts. Shape the facts well, and the visa often becomes the natural next step.