E2 Visas – Frequently Asked Questions

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Our Attorneys answer frequently asked questions about E2 visas

Some of the countries of the American continent that maintain a free trade agreement with the United States are Argentina, Chile, Colombia, and Mexico among others. The State Department publishes on its website the list of countries that have treaties in force.
To know the complete list, click here.

The E-1 visa allows you to carry out an international commercial activity related to import and export. Among its main conditions is that more than 50% of commercial transactions are carried out between the country of the visa holder and the United States; and the volume of transactions must be continuous and significant.


E-2 visas are for the sale of products and services, and require the candidate to make a substantial investment of money. In addition, it must be demonstrated that the business is profitable and is able to generate sources of employment.

According to the official standard of the United States, there is not a minimum sum to invest but a substantial amount of capital and this must be:
• A significant figure in relation to the investment to be made.
• Sufficient to ensure the investor’s commitment to the successful start of the business • An amount that supports the management and growth of the company.
The lower the cost of the company or franchise you want to buy or start, the higher the proportion of capital you must invest, so that it is considered substantial.

Yes, it can be classified as substantial to put into operation a small enterprise according to the projections and the business plan that the investor has for his investment project. It should be borne in mind that depending on the type of business, more or less investment may be required, provided that the established legal requirements are met.

It means that the money has been invested and cannot be recovered if the business fails. It can be understood as the probability of having a positive or negative result due to the balance sheet and economic results of the company.

Yes, but not all at the same time. It would be advisable to make a significant initial investment and continue investing, in stages, according to the growth and expectations of the business.

Yes, since one of the main requirements to apply for the E investor visa is that the business must be operating and constituted at the time of making the application.

On the other hand, investments can be in the future; as long as the funds are irrevocably committed.

Although it is not a fundamental requirement, it is advisable to have a physical headquarters or office and thus demonstrate the growth of the business and the need of the entrepreneur to run the business in person and continue within the United States.

It is possible to start a business from scratch, the important thing is that the business is profitable in the time stipulated in the business plan; regardless of whether this is new or old. However, this is something that strictly depends on the needs and skills of the investor.

Yes, since it helps to demonstrate that the business is already operational, growing and most importantly; that the business is not marginal. But if the business is starting and there are no employees yet, it can be shown that the company has among its projections the hiring of personnel at the time of filing the petition.

Living legally in the United States is an option. Click any of the above categories and learn more about the different visas available.