Herman Legal Group · Immigration services
E-2 Visa Lawyer for Treaty Investors and Business Owners
If you are starting or buying a U.S. business, the E-2 assessment should connect your immigration history, the ownership structure, the money committed and the business you intend to operate. Herman Legal Group helps investors identify the questions that need answers and prepare a consistent explanation supported by records.
Bring the proposed business and the evidence you already have. You do not need a finished application to request a consultation. Early advice can help you recognize immigration issues while you still have time to discuss transaction terms with your business advisers.
Richard Herman and your investment plan
Richard T. Herman, Esq., has more than 30 years of immigration law experience and is co-author of Immigrant, Inc. We can discuss the proposed enterprise, your role and your family’s immigration needs together. Confirm which lawyer will handle the case and what the engagement includes.
What the E2 assessment covers
E-2 is a temporary classification for qualifying treaty investors. Key issues include treaty nationality, a substantial investment committed and at risk, a real operating enterprise, capacity beyond a marginal business, and ability to develop and direct it. There is no universal dollar minimum. The investment is evaluated against the business’s cost and needs. The applicant must intend to depart when E status ends. E-2 does not itself grant permanent residence.
Federal E2 eligibility and investment requirements
Check the current treaty-country list and its footnotes. E-1 and E-2 entries are different, and residence in a country is not the same as citizenship. Tell counsel how you acquired each nationality and whether you have previously held E status, so any additional nationality rules can be assessed.
Department of State treaty countries and footnotes
Start with the decision you are making
- Startup: explain what must be in place to begin operating and how you will fund it.
- Acquisition: bring the proposed purchase agreement and the seller’s financial and operating records.
- Franchise: include franchise terms, location costs, opening requirements and financing.
- Existing E-2 business: explain renewals, ownership changes, new employees or a government notice.
Connect your investment with supporting records
Prepare a transaction schedule showing where the money came from, the accounts it passed through, currency conversions and its final use. Match each entry to a record. Tell us about unexplained deposits, missing statements or transfers through another person or company before relying on the schedule.
- Earnings: employment or business records, relevant tax documents and bank statements.
- A sale: ownership evidence, sale agreement, closing records and receipt of proceeds.
- A gift or inheritance: supporting documents and records connecting the transfer to your investment.
- Financing: loan terms, borrower, collateral, obligations and disbursement records.
Money merely available in an account is different from a committed investment. Ask counsel to review escrow conditions and loan security before treating them as qualifying funds. The terms and actual records matter more than the label used in a transaction.
Describe a business that can operate
Your plan should explain what the business sells, who its customers are, how it will deliver the product or service and the costs of doing so. Connect revenue and hiring assumptions to realistic supporting information. A polished plan cannot replace the records behind an acquisition or resolve a funding gap.
For an existing business, bring financial statements, tax records where available, contracts, payroll information and a description of operations. For a startup, bring formation records, a launch budget, relevant premises arrangements, permits, equipment purchases and customer or supplier evidence.
Explain what you will personally manage and who will perform other work. Identify owners and decision-making rights clearly, including indirect ownership. Tell us about proposed changes to the structure rather than assuming the initial diagram will remain accurate.
How HLG can assist
Within the agreed engagement, we can assess eligibility, develop an evidence plan, prepare an application or petition and help you address government questions. We coordinate the immigration explanation with the actual transaction and operating facts supplied by you and your advisers.
Immigration representation does not automatically include purchase negotiations, tax advice, accounting, financing or a guarantee about the business’s performance. Ask what is included and which other professionals should review the transaction. If you need Chinese-language business coordination, ask about availability with Ruijie Zhang.
Discuss your proposed investment
Filing and travel need separate planning
Tell us your current location, immigration status, proposed travel and target opening date. A consular visa application and a USCIS request inside the United States involve different processes. Confirm which route fits the facts before scheduling work or travel. Review the receiving consulate’s current instructions and any restrictions applicable to you.
Do not rely on a generic processing estimate to set a nonrefundable closing or travel date. Appointment availability, document requests and further review can affect the schedule. Bring any prior refusal or notice in full, including the stated reason and deadline.
Questions investors often ask
Is a particular investment amount enough? There is no universal amount that establishes eligibility. Counsel must assess the business, its cost, the committed investment and the remaining requirements.
Does a franchise guarantee an E-2 approval? No. Its documents may explain the business model, but your ownership, funding, investment and individual eligibility still need review.
Can I use a gift or borrowed money? Bring the complete funding history and terms. The source, control, risk and security need individual assessment.
Can my family come with me? Identify each family member’s relationship, age, nationality and immigration history. Discuss dependent status, work and school needs as part of the plan rather than assuming every family member has the same options.
Is a business purchase an immigration approval? No. The transaction and the immigration decision are separate. Obtain advice before signing terms that assume an approval or a fixed start date.
Prepare for your consultation
- Passports, citizenship history, current status documents and prior applications or refusals.
- A business summary, ownership diagram and your proposed management responsibilities.
- Investment budget, funds already paid or committed, transfer records and financing terms.
- Purchase, franchise or premises agreements, business records and a supported plan.
- Family details, travel plans, preferred language and any approaching deadline.
Request a secure method for sharing sensitive financial records. An inquiry does not create representation or extend a deadline. Confirm the written engagement and consultation terms before relying on the firm to act.
Book an E2 consultation
Tell us whether you are starting, buying or already operating a business, where you are located and when you hope to begin. HLG can assess the immigration questions and outline the evidence and next steps for your circumstances.
Book a Confidential Consultation
General information only. Eligibility, representation, fees and results depend on the individual matter.