E-2 Visa Lawyer — Treaty Trader & Investor Visas

E-2 visa lawyer for entrepreneurs ready to build in the United States.

The E-2 (treaty investor) and E-1 (treaty trader) visas let nationals of treaty countries live in the United States to direct and develop their own business. As an E-2 visa attorney practicing since 1998, Jessica Weiss handles these cases personally — from deal structure through the consular interview. Renewable indefinitely, with work authorization for spouses and school access for children.

Free intro call

Who this is for

You may qualify if…

  • You are a national of a country with a qualifying U.S. commerce treaty.
  • You are investing a substantial amount of capital into a real, operating U.S. business (E-2).
  • Your existing company conducts substantial trade between the U.S. and your home country (E-1).
  • You will direct and develop the enterprise — not a passive investment.
  • You want to bring your spouse and children to the U.S. with you.

Our approach

What to expect, step by step

01

Eligibility Review

Confirm treaty nationality, business structure, and investment posture before any filing.

02

Business & Source-of-Funds Plan

Build the documentation USCIS and the consulate actually want to see — financials, lawful source of funds, hiring plan.

03

Petition or Consular Filing

File at the appropriate consulate or with USCIS, with a fully indexed evidence binder.

04

Interview Preparation

We rehearse the interview, anticipate officer concerns, and walk you in confident.

E-2 investor representation, from the business decision to the filing

Jessica Weiss, Esq. has practiced U.S. immigration law since 1998 and leads the immigration practice at Weiss & Moy, P.C., a firm established in 1976. E-2 treaty investor matters are a central focus of her work, including business acquisitions, startups, and the immigration implications of the deal structure.

Preparation brings together treaty nationality, ownership and control, lawful source and movement of funds, committed investment, and evidence that the enterprise is real and not marginal. The filing strategy also addresses consular processing versus a USCIS change of status, family members, travel, and future renewals. Approval is never guaranteed.

Buying a business, opening a franchise, or launching a startup

Each route calls for different evidence. An acquisition may involve financial statements, payroll, a purchase agreement, and escrow terms. A franchise can involve franchise fees, premises, equipment, and operating costs. A startup needs credible evidence of the investment, readiness to operate, and its financial and hiring plans.

Coordinate the immigration review with the business transaction before signing or transferring funds. Seller financing, the source of borrowed money, and whether funds are genuinely committed can affect which investment amounts count. A business plan supports the case, but it does not replace proof of the actual investment.

E-2 visa lawyer for Canadians investing in the United States

Canadian citizenship can establish treaty nationality, but the applicant must still meet every investment and business requirement. Jessica works with Canadians buying or starting U.S. businesses, including coordinating the transaction documents and preparing the consular application.

Plan for travel as well as filing. A USCIS approval of a change of status is not an E-2 visa for international travel. Spouses and children have separate documentation needs, and Canadian tax or corporate-law questions should be reviewed with the appropriate advisers.

Arizona and Florida offices, nationwide E-2 representation

Jessica's Phoenix headquarters and Boca Raton location serve investors with businesses across the United States. The E-2 requirements are federal: choosing a Florida or Arizona business does not waive the treaty, investment, or operating requirements.

For a free intro call, share your citizenship, where the business will operate, whether you are buying or starting it, your anticipated investment, and your timeline. The call is a brief introduction to see whether Jessica can help, not free legal advice.

Frequently asked

Common questions

What is the minimum investment for an E-2 visa?
There is no fixed statutory dollar minimum. The investment must be substantial in relation to the cost of buying or establishing the business, committed and at risk. A dollar amount alone does not establish eligibility; the business, ownership, lawful source of funds, and ability to develop and direct the enterprise also matter.
Which countries qualify for E-1 and E-2 visas?
Only nationals of countries that have a qualifying treaty of commerce with the United States are eligible. This includes most of Europe, the UK, Japan, Korea, Mexico, Argentina, Australia, and many others. We will confirm eligibility at the outset of your case.
Can my spouse and children come with me?
Yes. Your spouse and unmarried children under 21 are eligible for E-1 or E-2 dependent visas. Spouses are work-authorized incident to status, and children may attend U.S. schools.
How long does the E-2 process take?
Timing depends on the consulate or USCIS filing route, appointment availability, and the readiness of the evidence. Visa validity varies by nationality and reciprocity; it is not the same as authorized stay. USCIS generally grants E-2 status or extensions for up to two years, and admission on an E-2 visa is generally for up to two years. Check your I-94 for your actual authorized stay. Renewals require continued eligibility.
Can Canadians apply for an E-2 investor visa?
Yes. Canada is an E-2 treaty country. Canadian citizens may qualify when the investment and business meet the requirements; Canadian permanent residence alone is not qualifying nationality. Consular processing and a USCIS change of status have different travel consequences, so plan the filing route before making commitments.
Can I buy an existing business or franchise for an E-2 visa?
An existing business, franchise, or startup can qualify if it meets the E-2 requirements. Passive investments do not qualify. Review ownership, purchase terms, investment commitments, financial records, and the operating plan before closing; buying a business does not guarantee a visa.
Can the E-2 visa lead to a green card?
The E-2 is a nonimmigrant visa and does not directly lead to permanent residence. However, many E-2 investors transition to EB-5, EB-1C, or other immigrant categories over time. We plan for that path from day one when appropriate.

Ready to discuss your case?

Start with a brief, free intro call to see whether Jessica can help. Legal advice is provided in a paid consultation.

Free intro call

Free downloads

Handouts from Jessica Weiss, Esq.

Investor Visas

EB-5 Deadlines in 2026: What Business Brokers Need to Know

A time-sensitive briefing for business brokers on EB-5 grandfathering, expected investment adjustments, source-of-funds preparation, and transaction planning.

  • September 30, 2026 grandfathering date
  • Direct and Regional Center EB-5
  • Broker planning checklist
Download PDF 4 pages

Investor Visas

E-2 Visa Transactions: What Business Brokers Need to Know

A broker reference guide for coordinating E-2 buyers, source of funds, business due diligence, purchase documents, escrow, financing, and closing.

  • Buyer, ownership, and source of funds
  • Business and investment analysis
  • Escrow, financing, and closing protocol
Download PDF 5 pages

Investor Visas

How to Structure an E-2 Deal for Success

A practical guide for buyers, business brokers, sellers, accountants, and advisers coordinating a U.S. business purchase with E-2 visa requirements.

  • Purchase agreements and escrow
  • Lawful source and path of funds
  • Financing, ownership, timing, and operational control
Download PDF 5 pages

Startups & Business

U.S. Immigration Options for Startups & Tech Companies

A practical overview for founders, executives, and advisors expanding a startup or technology company into the United States — which visa fits each stage of growth.

  • E-2 treaty investor visa for founder-led expansion
  • L-1 intracompany transfers
  • H-1B and O-1 for key talent
  • Long-term green card planning
Download PDF 4 pages

Startups & Business

Understanding Business Immigration to the U.S.

Long-term business immigration strategies, including the qualifications for E-1 treaty trader and E-2 treaty investor visas and other options for business owners.

  • E-1 treaty trader qualifications
  • E-2 treaty investor qualifications
  • Long-term business immigration strategy
Download PDF 7 pages

Investor Visas

E-2 vs. EB-5: Investor Visa Criteria Compared

For investors who want to buy or create a U.S. business — a side-by-side look at the temporary E-2 visa and the EB-5 green card.

  • E-2 investment and ownership requirements
  • EB-5 investment amounts and job creation
  • Targeted employment areas (TEA)

Investor Visas

EB-5 Investor Green Card Handout

EB-5 qualifications explained: the $1,050,000 / $800,000 investment thresholds, benefit to the U.S. economy, 10-job creation, and the troubled business exception.

  • Investment thresholds and TEAs
  • Job creation requirement
  • Troubled business exception
Download PDF 3 pages
See all immigration resources

Official E-2 sources

General information, not legal advice. Eligibility and outcomes depend on the facts of each case.

Free intro call

Request a free intro call

Tell us a little about your situation. Jessica or a member of the team will reply, usually within one business day. Prefer the phone? Call (480) 994-8888.

The first conversation is a brief introduction to see whether Jessica can help with your matter — it is not free legal advice. Legal advice is provided in a paid consultation. Submitting this form does not create an attorney–client relationship.