For Latinos, entering the U.S. as a business-minded visitor can be accomplished through several visa routes, including temporary, investor-based, or immigrant visas. The E‑2 visa is one of several investor visa options available to treaty‑country nationals. According to the State Department, U.S. non-immigrant visas include E visas, B visas, H visas, and more, each tailored for different purposes, such as trade, business, tourism, or work. Others, such as EB‑5, are immigrant investor categories for permanent residency. Whether through a treaty agreement or as an executive employee, individuals can access these visas to operate or invest in the U.S. business ecosystem.
For many Latino entrepreneurs, the E‑2 visa is a compelling and accessible option that allows investment, active business management, and potentially bringing employees or family to the USA.
What Is the E Visa?
The E visa category is a visa that investors or entrepreneurs from selected countries can apply for to live and do business in the USA. The “E” non-immigrant classification covers both E‑1 Treaty Trader and E‑2 Treaty Investor categories. E-1 was developed for citizens of countries that have commercial treaties with the USA, who will engage in trade between the two countries. E‑2, by contrast, permits individuals from qualifying nations to enter the U.S. to direct and grow a genuine enterprise in which they have made a substantial investment. The investor must be actively involved in managing at least 50% ownership or control of the business.
Dependents, such as spouse and unmarried children under 21, may join and often receive work and study authorization as well.
What Are the Benefits of E‑2 Visa for Entrepreneurs?
Latino entrepreneurs and investors seeking to launch or acquire a U.S. venture can benefit in multiple ways from the E‑2 pathway:
- Flexible and renewable: Holders may stay for up to 2 years initially, with unlimited extensions available as long as the business continues operating.
- No annual cap or lottery: As long as the investor fulfills all the prerequisites, they can access the E visa. Unlike H‑1B or EB‑5 programs, which are either capped or subject to the lottery system.
- Family eligibility: Spouses and children under 21 can join and have access to work and study authorizations.
- A wide range of business types qualify: From cafes and consulting to import/export, service-based, and retail ventures. As long as the business meets the bona fide and non‑marginal requirements.
E-2 visa investment examples often include small franchises, startups, or purchasing a service business. The investment need not be as large as EB‑5 thresholds; examples as low as $50,000 have successfully qualified, depending on the type and scope of business. Approval rates are usually high; about 54,000 E‑2 visas were issued in 2023.
E‑2 Visa Requirements
To secure an E‑2 visa, applicants must meet several e‑2 visa requirements:
- Nationality: Must be a citizen of a country with a valid U.S. treaty of commerce and navigation. This list contains over 80 treaty countries. Latin american countries that have such treaties include Mexico, Colombia, Argentina, Bolivia, Chile, Costa Rica, Honduras, Nicaragua, Paraguay, and Suriname.
- Substantial investment: Funds must be committed to a bona fide, for‑profit business and at risk, proportionate to the cost of the enterprise. Marginal operations that produce only minimal living are not eligible unless job‑creation capacity is demonstrated within five years.
- Active management: The applicant must plan to direct and operate the business, exercising control, at least 50%, or holding a managerial role.
- Intent to depart: the applicant must show their intention to leave the U.S. when the E2 status ends, although extensions are permitted indefinitely.
- Lawful source of funds: The investment capital must come from legal means, with documentation tracing its origin.
Compliance with these criteria proves eligibility and strengthens the case for approval.
E‑2 Visa Application Process
As with all immigration processes, it’s essential to follow each step, and it’s recommended to have the assistance of seasoned immigration lawyers. The E-2 visa application process involves:
- Preparing documentation: Provide proof of nationality, investment, business plan, funds source, ownership or control, and job‑creation projections.
- Filing Form I‑129 for status changes if the applicant is already in the U.S., or applying at a U.S. consulate abroad if outside the country.
- Attending the consular interview, where applicants (typically aged 14–79) present their case and provide digital fingerprints.
- Optional premium processing: USCIS may expedite I‑129 petitions in about 15–30 calendar days for an additional fee.
Once approved, the visa term usually spans 2 to 5 years, depending on the reciprocity schedule with the applicant’s country, and can be renewed indefinitely as long as the business remains operational and compliant.
Get Your Investor Visa
Ready to grow your business in the U.S.? Find out how the E-2 visa helps Latino entrepreneurs invest and thrive in the American market. As an effective investor visa route, E2 visas support direct business engagement, indefinite renewals, and family inclusion while avoiding yearly quotas or lotteries. Latino entrepreneurs and investors can leverage this opportunity by understanding the benefits of the E‑2 visa for them, their business, and their family. If you want more information or assistance applying for an E2 visa, contact the experienced immigration legal team at Airington Law. When your business and your family’s future are on the line, hiring the best lawyers is the smartest investment you can make.
