Build the E-2 case before the money moves.

The principal applicant must have nationality of a country with a qualifying treaty or other arrangement with the United States. The U.S. enterprise generally must share that treaty nationality through at least 50% qualifying ownership. Because the official list and country notes can change, verify the current Department of State treaty table rather than relying on a copied list.

There is no universal statutory dollar minimum. The investment must be substantial under a proportionality analysis that considers the documented cost and nature of the particular enterprise. The lower the cost of the business, the higher the invested proportion generally must be. Capital also must be committed and at risk—not merely promised.

Funds that remain uncommitted and freely revocable in a bank account generally do not establish an at-risk investment. Some transactions use a carefully drafted escrow arrangement tied to visa issuance, but the structure and conditions matter. Coordinate the immigration strategy with purchase, franchise, lease, and closing terms before signing or moving money.

The record should show both how the investor lawfully obtained the capital and how each transfer reached the U.S. enterprise or qualifying expense. Depending on the facts, evidence may include tax and employment records, asset-sale documents, gift or inheritance records, loan documents, account statements, transfer receipts, currency records, and business ledgers.

Potentially, yes. The legal test is not limited to one business model. The case must still establish a real and operating commercial enterprise, substantial committed capital, lawful funds, more-than-marginal capacity, qualifying treaty ownership, and the investor's role in developing and directing the business.

E-2 requires investment in a real, active commercial enterprise and, for a principal investor, development and direction of that enterprise. Merely holding undeveloped land, personal property, securities, or another passive asset generally raises a fundamental eligibility problem. An operating real-estate business may present a different analysis based on its actual activity and structure.

The enterprise cannot exist only to provide a minimal living for the investor and family. It should have present or future capacity to generate more than that, or otherwise make a significant economic contribution. A newer enterprise may rely on credible projections and a realistic path to that capacity, supported by the underlying business evidence.

No. E-2 is a temporary treaty classification and does not itself convert into permanent residence. Some investors later pursue a separate family-, employment-, or investment-based immigrant path if eligible. That long-term analysis should begin early because business ownership, travel, intent, timing, and status strategy can interact.

A qualifying E spouse in valid E-2S status is generally employment authorized incident to status; the I-94 classification should be checked carefully. Unmarried children under 21 may accompany the principal and attend school, but they do not receive employment authorization merely from E dependent status. Family travel and age-out planning deserve separate attention.

A visa is a travel document issued by a U.S. embassy or consulate; status is the authorized classification and stay in the United States. USCIS may approve a qualifying change or extension of status without placing a visa in the passport. International travel can end a change-of-status strategy and may require a consular visa before return. Post-specific procedures vary.