E-2 Investor Visa

The E-2 Investor Visa is the most recommended option for starting a business, investing, or expanding in the U.S., allowing investors, executives, managers, specialists, and family members of companies transferred to the U.S., as well as those visiting the U.S. for specific work-related reasons, to reside and work in the U.S.

E-2 Investor Visa

  1. Introduction to the E-2 Investor Visa
  2. E-2 Investor Visa Requirements
  3. Where is the best place to apply for an E-2 Investor Visa?
  4. Processing an E-2 Investor Visa at the U.S. Embassy in Madrid
  5. Difference between the process at the USCIS and at the Consular Section
  6. Family members and companions
  7. Application for Permanent Residence (“GREEN CARD”)
  8. Citizenship Application
  9. Is a lawyer necessary to process an E-2 Visa?
  10. How do we provide our services in E-2 Visa procedures?
  11. FAQ (Frequently Asked Questions) Asked Questions) E-2 Visas for the U.S.

Introduction to the E-2 Investor Visa

Section 101(a)(15)(E) of the Immigration and Nationality Act (INA) regulates the E-2 Investor Visa for anyone who is a national of any of the countries that have a Treaty of Commerce and Navigation with the United States and who establishes himself in the United States, in order to develop and/or direct the operations of an enterprise in which a substantial amount of capital has been invested, or is in the process of being invested, and creating jobs.

The E-2 Investor Visa is the most recommended visa for starting a business, investing, or expanding in the U.S., allowing investors, executives, managers, key or training personnel, and family members of companies transferred to the U.S. to reside and work in the U.S.

The Treaty of Commerce and Navigation countries whose nationals are eligible for an E-2 Investor Visa with the United States are those published by the Department of State.

The process of applying for and obtaining an E-2 Investor Visa is complex, as detailed below, and requires the establishment of a U.S. business that meets the requirements outlined below.

The E-2 Investor Visa is considered the best visa for conducting business in the United States for two basic reasons: it is valid for five years, with successive renewals for five years, and is awarded to a wide variety of foreign personnel categories.

E-2 Investor Visa Requirements

1. Nationality Requirements

In the company for which the E-2 visa is being requested, 50% or more of the company’s ultimate shareholders must have the nationality of a Treaty country, and this nationality must be the same as the nationality of the visa beneficiary.

2. Requirements for Beneficiary

Supervisory staff, executive staff, specialists, and local employee training staff who will be employed by the company in the United States are eligible for an E-2 visa. Investors, owners, or company executives may also obtain an E-2 visa to periodically travel to supervise the company’s activities without becoming a permanent employee of the company in the United States.

  • What is considered Executive or Supervisory Personnel?
    Personnel who perform a primary and principal function, rather than an incidental or collateral function. The position primarily requires developing management or control powers that entail key responsibility for a large portion of a company’s operations, with a number of employees supervised and a corresponding salary level.
  • What is considered Specialist Personnel?
    Personnel who possess specialized skills essential to the business’s operations. That is, they have technical knowledge, experience, or specific training relevant to the company’s operations in the United States and who are not available in the U.S. labor market.
  • What is considered Training Personnel?
    Personnel transferred to the United States to train or provide specific training to local staff, whether for businesses establishing themselves in the United States for the first time or for those already established and seeking to develop new business areas.

3. Investor requirements

Investor in the United States must be substantial, irrevocable, at risk, and not marginal.

  • Substantial Investor:
    An investor considered “substantial” is not clearly defined by a specific amount because it can vary depending on the nature and size of the business. The investor must be proportional to the total value of the business in the case of an existing business, or to the cost of establishing a new business, and the investor must be sufficient to ensure continued operational commitment to the business. In some cases, the amount invested is compared to the amount normally required to acquire a similar business in the same industry.
  • Irrevocable Investor:
    An “irrevocable” investor must be contractually or legally committed. This means that the investor has taken legal actions that demonstrate a firm commitment, such as signing contracts, making purchases, or any other form of legal commitment that cannot be easily undone without assuming significant losses. The funds must have already been spent on the purchase of tangible assets (such as property, equipment, inventory) or services necessary for the business, or they must be committed in a manner that does not allow for recovery.
  • Risky Investor:
    A “risky” investor is one that involves placing funds or other assets at “risk” in the commercial sense, with the hope of generating a lucrative economic return over a specified period. In this regard, it is worth mentioning that the E-2 Visa cannot be applied to non-profit corporations. If the funds are not exposed to possible partial or total loss in the event of adverse events, then it cannot be considered a “risky” investor within the meaning of the law.
  • Non-Marginal Investor
    For an investor to be considered “non-marginal,” it must have the capacity to generate more than enough income to provide a minimum living wage for the investor and their family, or have a significant impact on the local economy through job creation. There must be clear evidence that the business can not only survive, but thrive.

4. Company Operating and Presence in the United States

The company must have a real, active commercial activity, producing a specific type of product or service. Purely speculative investors, such as real estate or stock market investors, do not qualify for E-2 Visa purposes. The company must engage in a real commercial activity that the investor intends to directly direct or supervise with the intent to make a profit; therefore, non-profit organizations are excluded from the E-2 Visa qualification.

For funds invested in the U.S., proof of the legitimate origin of the funds is required. This involves demonstrating that the money comes from legal sources

Where is the best place to apply for an E-2 Investor Visa?

E-2 Investor Visas are typically processed at the Consular Section of the U.S. Embassy in the visa applicant’s country of nationality or residence.

The fact that embassies generally speak both the official languages of the country in which they are located—in this case, Spanish—and the English of the United States makes Madrid an attractive location for submitting documents in both languages. Furthermore, visa interviews can be conducted in English and Spanish , which is beneficial for citizens of Spanish-speaking countries.

Additionally, in Madrid, a digital processing process is followed with very reasonable wait times —both for new company applications, for the incorporation of additional personnel in companies in the United States, and for visa renewals—compared to other U.S. Consulates in other countries.

The Consular Section in Madrid offers E-2 visa renewals without a Consular Interview (“Interview Waiver “).

Processing an E-2 Investor Visa at the U.S. Embassy in Madrid

The E-2 visa processing process follows the guidelines established by the Department of State, but each Consular Section may specify its own formalities. The Consular Section of the U.S. Embassy in Madrid follows the following process, and we offer recommendations that may help achieve a successful outcome:

1. Complete Form DS-160 from the United States Department of State .

This form is required for all principal applicants and their family members: spouse and children under 21 years of age. https://ceac.state.gov/ceac/

2. Pay the Visa Application Fee (MRV).

To do this, an account is created on the website (https://ais.usvisa-info.com/es-es/niv). All members of the family unit must be added, and the fee of $315 is paid for each family member.

3. Complete Form DS-156E (Treaty Trader/Investor Application) from the Immigration and Customs Enforcement Administration (USCIS)/Department of State.

This DS-156E form is required only for the primary applicant in each household.

4. Supporting documentation required by the Consular Section of Madrid.

Creation of an E-2 Visa File that must include a cover letter with the description of the company, the nature of the business and compliance with the requirements for granting the E-2 Visa, and must be accompanied by supporting documentation as evidence of compliance with the requirements as established in Foreign Affairs Manual (9 FAM 402.9).

It’s important to have a specialized and well-trained team for creating an E-2 Investor Visa application, a process that requires precision, experience, and a comprehensive approach.

WARNING

The Consular Section of the U.S. Embassy in Madrid announces on its E-2 Visa processing website that submitting false or misleading documentation will result in permanent ineligibility for a U.S. visa.

5. Sending application .

Send your application by email to evisasmadrid@state.gov following the instructions provided by the Consular Section of the U.S. Embassy in Madrid. https://es.usembassy.gov/visas/treaty-trader-investor-visas/

6. Prior review of documentation .

The Consular Section will review the documentation within 6 to 8 weeks for new company applications, and within 2 to 3 weeks for companies that have been granted an E-2 visa within the last 5 years and need to renew a visa or apply for a visa for an additional employee in the United States.

7. Schedule a Consular Interview .

Once the Consular Section confirms that the documentation is complete, the scheduling of a Consular Interview will be authorized through the website https://ais.usvisa-info.com/es-es/niv

An urgent appointment or emergency interview may be requested, but the need for it must be justified (for example, death or serious illness of a family member or urgent medical treatment in the United States)

The Consular Section in Madrid allows the renewal of E-2 visas without a consular interview (“Interview Waiver ”).

8. Consular Interview .

You should attend the Consular Interview with only the following documentation:

  • Printed copy of the E-2 Visa File provided by the Attorney.
  • Valid passport with a validity of at least 6 months.
  • One photo per person (5×5 cm, white background, without glasses, taken within the last 6 months).
  • Confirmation of Consular Appointment.

Large bags, backpacks, computers, cameras, and electronic devices are not permitted in the Embassy, nor are they permitted to be stored or kept in safekeeping.

For E-2 visa renewal processes without an interview, the required documentation must be sent to the Consular Section. Consult with the attorney responsible for the process for the fastest and most secure submission options in Spain.

In Spain, all legal documentation sent by a lawyer is protected by Professional Secrecy and Confidentiality.

9. Visa Approval .

If the Consular Officer approves the E-2 Visa application, it will generally be valid for a period of 5 years.

The Consular Section will retain your passport for 3 to 5 business days to issue your E-2 visa. It will then be sent to the location you selected when scheduling your Consular Interview.

If the E-2 Visa is approved, an Issuance Fee of $124 – also called Reciprocity Fee – must be paid.

If additional documentation is required or the E-2 visa application is denied, the Consular Officer will inform you of the process to follow.

10. Entry and Admission to the United States .

Upon arriving in the United States, either through the airport or border, and passing through the official control of the Customs and Border Protection Office (CBP), the CBP Officer will verify the E-2 Visa, and if he/she finds that everything is correct will grant a period of admission, generally up to 2 years per entry, although the E-2 Visa has a longer validity.

The admission period can be verified on the website https://i94.cbp.dhs.gov/home

Each time a person leaves and re-enters the United States, the CBP Officer will grant them a new two-year period of admission, and so on until the E-2 visa validity limit is reached.

If you are unable to leave the United States before the end of the two-year period of admission, you may request a two-year extension of the admission period from the United States Citizenship and Immigration Services (USCIS).

Want to know if the E-2 visa is the best option for establishing or expanding your business in the U.S.? Contact us and we’ll discuss your case.

CONTACT

Difference between the process at the USCIS and at the Consular Section

USCIS processing is a process typically used to change or extend immigration status to remain in the United States under the E-2 category without having to leave the country.

Applicants are typically individuals already in the United States with legal immigration status and wish to change to E-2 status or extend their E-2 status.

If the application is approved, the applicant will be permitted to work and reside in the United States under E-2 conditions, but this approval does not include the issuance of a physical visa in the passport.

On the applicant’s first trip abroad, the applicant must apply for an E-2 visa in their country of residence or nationality, or in a country that allows processing for third-country nationals (TCN). The visa will be issued in their passport and will allow them to travel—to leave and enter the United States—without restrictions for the duration of the E-2 visa.

Therefore, processing through USCIS is only advisable in very specific cases, since it does not require issuing an E-2 visa, and the applicant and their family must apply for their E-2 visas at the appropriate Consular Section, thus doubling the time, resources, and costs.

Accompanying family members

Accompanying family members of a principal E-2 Investor Visa applicant —spouse and children under the age of 21–may each apply for an E-2 Dependent Visa, which will be granted , upon documentary proof of family ties, for the same period of validity as the principal applicant’s E-2 Investor Visa.

The spouse of the principal applicant for an E-2 Investor Visa will receive an E-2 Dependent Visa that includes a Work Permit (“ Employment Permit”) -EAD- that will allow you to legally work with any company in the United States.

The descendants of the principal applicant for an E-2 Investor Visa will receive E-2 Dependent Visas that will allow them to study, but not work, in the United States.

Application for Permanent Residence (“GREEN CARD”)

E-2 Investor Visa holders may apply to USCIS for Permanent Residence (“Green Card”) through personal (self-sponsored) or company-sponsored applications. Each of these options has different types and requirements:

Sponsorship :

EB-1 (Extraordinary Ability): Prove sustained recognition in your field (science, arts, education, business, athletics) with evidence such as awards, publications, prestigious memberships, or significant contributions.

EB-2 (NIW): Demonstrate that your work benefits the U.S. national interest (in areas such as health, technology, education) and that you are significantly above average in your field.

Company Sponsorship:

Immigrant Petition (Form I-140):

  • EB-1 (extraordinary abilities).
  • EB-2 (professionals with advanced degrees or exceptional ability).
  • EB-3 (skilled or unskilled workers). 

Labor Certification (PERM):

The company applies for a PERM Labor Certification from the Department of Labor (DOL). It must demonstrate that there are no available or qualified U.S. workers for the position and that employment will not adversely affect local wages or working conditions. It includes a supervised recruitment process to test the labor market.

Once the PERM is approved, the company files Form I-140 (Petition for Immigrant Worker) with USCIS for EB-1, EB-2, or EB-3.

Citizenship Application

To obtain U.S. citizenship through naturalization, you must follow these main steps:

Eligibility Requirements:

Be a legal permanent resident (have a Green Card) for at least 5 years if you are married to a citizen.

Requisitos de Elegibilidad:

  • Be over 18 years old.
  • Have good moral character.
  • Meet the continuous residence requirement (living in the U.S. for at least half of the required time) and physical presence (being physically in the country for a minimum cumulative period).
  • Reside for at least 3 months in the state or district where the application is submitted.

Is a lawyer necessary to process an E-2 Visa?

It’s not legally required, but it’s highly recommended. This is not only because is important to have extensive knowledge and experience in the regulations applicable to the E-2 Visa, but also because is necessary to have knowledge of relevant legal and tax areas that may directly affect the process.

Want to know if the E-2 visa is the best option for establishing or expanding your business in the U.S.? Contact us and we’ll discuss your case.

CONTACT

How do we provide our services for E-2 visa applications?

At Juris Magister Abogados, we have implemented a consolidated action plan for over 30 years, which has guaranteed success for both our firm and our clients, combining professional excellence with proven results.

  • Case analysis: Detailed initial evaluation of each case.
  • Case assignment : Appointment of an Attorney with a specialized support team.
  • Comprehensive consulting: Support from the firm and external collaborators for comprehensive advice .
  • Efficient procedures : Processing within reasonable timeframes with competitive fees.
  • Continuous support : Direct communication with the responsible lawyer and administrative support from the team
  • US Visas : Interview preparation, post-approval follow-up , and immigration and customs clearance assistance.
  • Post-service update : Information on corporate and tax legal obligations that may affect the issued visa and its renewal.

FAQ (Frequently Asked Questions)
E-2 Visas for the U.S.

All countries that have a Treaty of Commerce and Navigation with the U.S. that allows them to apply for this visa. Spain is one of the countries with this Treaty.

The E-2 Visa is available for:

  • Individual investors who are citizens of a treaty country.
  • Essential employees (managers, executives, or individuals with specialized skills) of a company that meets the treaty requirements.
  • The company must have the same nationality as the applicant (i.e., at least 50% of the ownership must belong to citizens of the treaty country).

At least 50% of the company’s ownership must be owned by citizens of the treaty country. For example, a Spanish company applying for an E-2 visa must be at least 50% owned by Spanish citizens.

An investor considered “substantial” is not clearly defined by a specific amount because it varies greatly depending on the nature and size of the business. The investor must be proportional to the total value of the business in the case of an existing business, or to the cost of establishing a new business, and the investor must be sufficient to ensure continued operational commitment to the business. In some cases, the amount invested is compared to the amount typically required to acquire a similar business in the same industry.

An “irrevocable” investor must be contractually or legally committed. This means the investor has taken legal actions that demonstrate a firm commitment, such as signing contracts, making purchases, or any other form of legal commitment that cannot be easily undone without assuming significant losses. The funds must have already been spent on the purchase of tangible assets (such as property, equipment, inventory) or services necessary for the business, or they must be committed in a manner that makes them irrecoverable.

For an investor to be considered “non-marginal,” it must have the capacity to generate more than enough income to provide a minimum living wage for the investor and their family, or have a significant impact on the local economy through job creation. There must be clear evidence that the business can not only survive but thrive.

No. The E-2 Visa applicant is the company itself.

E-2 visas are generally valid for 3 to 5 years and are renewable.

Yes. The spouse and children under 21 years of age are eligible. The spouse obtains a work permit to legally work in the U.S., while the children can study, but not work.

It is only possible to work for the company that sponsored the E-2 Visa.

Yes. It is possible to request a change of status to E-2 within the U.S. by submitting Form I-129 to USCIS, but this does not grant a visa. If approved, you will obtain E-2 status, but if you need to leave and re-enter the U.S., you must obtain an E-2 visa from a U.S. consulate.

If substantial trade declines or the business ceases to operate, the E-2 visa may not be renewed, and the holder could lose legal status in the U.S.

The holder would lose his or her legal status and would have to change status or leave the U.S. within 60 days.

The E-2 visa is a non-immigrant visa, so it does not lead directly to a green card . However, holders can explore other immigration avenues through immigrant visas such as EB-1, EB-2, and EB-5.

Training and Experience in International Law:

The training and experience in international law of an attorney specializing in E-2 visas is essential. It is important to remember, first of all, that E-2 visas are granted to citizens of countries with which the United States has signed a Treaty of Friendship, Commerce, and Navigation. In the case of Spain, this treaty dates back to July 3, 1902. Furthermore, and especially in the case of Spain, since this is an Investor Visa, many trade/services considerations are regulated by regulations originating from European Union Regulations and Directives.
  
Knowledge of Corporate Laws Relating to the Parent Company:

Knowledge of the corporate regulations of the company owned by the company in the United States is essential for processing an E-2 Visa, since each country has different corporate models and in each case, it must be proven that the Final Beneficiaries possess the nationality of the Treaty country to successfully obtain an E- 2 Visa.

Each corporate model consists of specific documentation to demonstrate the status of Final Beneficiary, and in the case of Spain, both the regulations applicable to the different corporate models and those relating to the ownership of the Final Beneficiaries also have their origin in Regulations and Directives of the European Union.

Knowledge of Commercial Laws Relating to the Parent Company:

Knowledge of corporate and tax legislation related to investor processes in the United States is crucial to successfully process an E-2 Investor Visa.

Many regulations applicable to investor from any European Union member country in the United States also originate from European Union regulations and directives.

Understanding the E-2 Visa Investor Regulations:

Foreign Affairs Manual The Federal Affairs Manual (FAM) regulates the E-2 Investor Visa. It is actually only a four-page publication. Our attorneys specialized in the subject have extensively developed, in their own articles and publications, not only the regulatory content of the FAM, but also the framework and scope of binding judicial and administrative decisions on this matter.
  
Experience with E-2 Visa Processing:

Hands-on experience with E-2 Investor Visa processing is arguably as important as, if not more so than, regulatory knowledge, since while the Department of State establishes general procedures and guidelines for processing these visas, many Consular Sections of U.S. Embassies establish their own procedures that cater to specific circumstances involving legal and tax issues in both the United States and the country where the consular mission is located.
  
Knowledge of United States Corporate and Tax Regulations:

Knowledge of United States corporate and tax regulations is essential for successfully processing an E-2 Investor Visa.

Corporate regulations in the United States are state-based, and tax regulations are federal and state-based. Since there are 50 states, it is important to consider hiring attorneys specialized in the state’s corporate and tax regulations. Specifically, the attorney must be authorized to practice law by the state’s bar association. A firm like Juris Magister Abogados, which has a significant team of attorneys both within our firm and with long-standing and well-established professional collaborations in the United States, undoubtedly represents a safe and experienced option.

**Legal Warning**

The information provided above is of a general nature and is for informational purposes only. It does not constitute legal advice or
replace consultation with a specialized attorney. Each case is unique and requires a personalized analysis tailored to the
applicant’s specific circumstances.

When selecting an attorney, do not be guided solely by advertisements. Be sure to verify the
attorney’s academic qualifications, professional experience, and track record to ensure adequate and reliable representation.