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E-2 Visa: Build and Grow Your Business in the U.S.

The E-2 visa allows entrepreneurs and investors from treaty countries to live and work in the U.S. by building and running their own businesses.

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What Is the E-2 Visa and Who Is It For?

The E-2 is a non-immigrant visa that lets you start, operate, or buy a business in the U.S. as long as you’re from a qualifying treaty country and are making a substantial investment

This visa may be right for you if:

👉 You're an entrepreneur from a treaty country looking to open a business in the U.S.

👉 You want to purchase and run an existing U.S. business.

👉 You’re already in the U.S. and want to change status to E-2.

👉 You're bringing key employees or managers with you.

The E-2 visa is a vital pathway for entrepreneurs and investors from treaty countries to legally live and work in the U.S. by building and managing their own businesses.

Why the E-2 Visa Matters

This isn’t just a work visa — it’s a path to building your legacy

Key benefits include:

👉 Live in the U.S. legally while managing your business.

👉 Bring your spouse and children with you.

👉 Spouse can apply for work authorization.

👉 Unlimited renewals as long as the business continues operating.

👉 No minimum dollar amount — investment must simply be “substantial” for your type of business.

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Think You May Qualify? Here's What Matters

E-2 approval is about more than just money. You may qualify if:

👉 You hold citizenship in a U.S. treaty country.

👉 You have made (or are actively in the process of making) a significant investment.

👉 You will own at least 50% of the business or maintain operational control.

👉 Your business will generate enough income to support you (and ideally, create U.S. jobs)

Each case is unique. Consulting with an attorney can help determine the best course of action.

How It Works: The Legal Process

01

Choose or Launch a Business

Start a new company or buy an existing one in the U.S. It must be active, real, and able to support more than just you.

02

Make the Investment

Transfer funds and begin spending on essential business needs like leases, inventory, or equipment.

03

Prepare the Application

Gather your business plan, investment proof, legal documents, and ownership records with professional help.

04

Submit to Embassy or USCIS

Apply through a U.S. consulate abroad or adjust your status with USCIS if you're already in the U.S.

05

Attend the Interview

Explain your business, your role, and your investment during a short interview (if applying from outside the U.S.). However, attending an interview will nor apply for people changing status in the US.

06

Receive Decision

Once approved, start running your business in the U.S. right away. Your spouse and kids can join you too.

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What You’ll Need (Document Checklist)

Don’t have everything yet? We can help you gather and prepare the right documents.

👉 Passport and nationality proof

👉 Detailed business plan (5 years recommended)

👉 Proof of ownership and investment

👉 Business registration and licenses

👉 Lease agreements, contracts, invoices

👉 Employee hiring plans (if applicable)

Common Challenges & How We Help

Facing obstacles is normal — here’s how we support you through the most common ones.

👉 I haven’t invested the full amount yet.

We help show the investment is in progress and irrevocable.

👉 I’m not sure how to prove the business will succeed.

We work with experts to build strong business plans.

👉 What if my spouse wants to work too?

We help with their work authorization application.

👉 I’m applying from a treaty country but don’t live there now.

We’ll help you prove nationality and guide you on the best filing strategy.

👉 I don’t have a U.S. business yet — is it too early?

Not at all. We’ll help you structure your investment and business plan from the ground up.

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Frequently Asked Questions

Can I bring my family with me?

Yes. Your spouse and unmarried children under 21 can accompany you to the U.S. on dependent E-2 visas. Your spouse is also eligible to apply for a work permit, and your children can attend school or college without needing separate visas.

Can I transition from E-2 to a green card?

Not directly, since the E-2 is a nonimmigrant visa. However, many E-2 holders later qualify for green cards through options like EB-1 (extraordinary ability or executive transfer), EB-2 NIW (for impactful professionals), or EB-5 (investment-based green card). We help map that journey.

How much do I need to invest?

There’s no fixed dollar minimum, but the investment must be substantial enough to start and operate the specific business you’ve chosen. Generally, the amount should reflect real startup or acquisition costs — and show you're fully committed.

Can I work for someone else?

No. The E-2 visa only permits you to work for the specific business you’ve invested in and are actively managing. You can’t freelance or take other jobs, but if your plans change, we can help you explore other visa options that offer more flexibility.

Renata & Diego, E-2 Investors from Brazil

We launched our wellness brand with an E-2, and Shan’s team handled every detail. They made the process feel personal — and possible

Anita S., E-2 Entrepreneur from the UK

After a failed E-2 attempt with another firm, Shan helped us restructure the business and secure approval. I only wish I had started here.

Omar L., E-2 Applicant from Egypt

I was overwhelmed trying to start a business and file an E-2 at the same time. Shan’s office broke everything down step by step — and got it done right.

Jin & Soojin, E-2 Investors from South Korea

We didn’t think a small creative agency would qualify, but the team built a strong case. Now we’re not just in the U.S. — we’re thriving here.

Book a FREE Consultation NOW!

If you’re building a business and a future in the U.S., the E-2 visa could be your next move. Our legal team guides you through every step — from structuring your investment to getting your visa approved.

✅ Free, confidential consultation
✅ Clear guidance on your options
✅ Support in your language

Don’t wait. Get the help you need today.

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Shan D Potts

Human Rights Attorney and Global Advocate for Justice

Shan Potts is instinctively oriented with an imaginative mind and an optimistic outlook.  Shan has exemplified perseverance, determination, and a profound belief in the power of justice. While his journey boasts significant professional achievements, it's the undercurrent of his indomitable spirit and dedication to fairness that truly sets him apart.

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Gil Mata

Business, Employment and Family-Based Immigration

Mr. Mata earned his Juris Doctor degree from Irvine College of Law, and is a seasoned immigration professional who has been in the field for 26 years. He handles employment-based visas, including EB-1, NIW, PERM (EB-2/EB-3), and ensures compliance with immigration laws. He plays a key role in the firm’s strategy and is fluent in Tagalog.

Why Choose Shan Potts Law Firm?

Investment-Based Immigration

We focus on helping entrepreneurs and investors navigate the E-2 process with precision and confidence. From selecting the right business structure to preparing a strong application, our personalized strategies are built to match your goals — and maximize your chance of success in the U.S.

Proven Track Record

With a Glendale-based practice and a track record of assisting over 3,000 clients, our attorneys have deep experience in E-2 and investor visa cases. We turn complex requirements into clear, actionable steps—so you can focus on building your business and your future.

23+ Years of Experience

We focus exclusively on E-2 and investor visa cases and truly understand the unique needs of entrepreneurs entering the U.S. market. Our personalized strategies carefully strengthen your application and help you navigate the process quickly and effectively.

Transparent Process

We offer unlimited, clear legal guidance throughout your E-2 visa process—no surprise fees. You’ll receive proactive advice on investments, documentation, and interviews, all with flat-fee pricing so your budget stays predictable and free of hidden costs.
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