An E-2 visa lawyer helps a person from a treaty country invest in a U.S. business and obtain status to run it, and the most valuable help often comes before any money changes hands. The E-2 is for someone who has invested, or is actively investing, a substantial amount of capital in a real, operating enterprise they will develop and direct. The E-1 covers substantial trade principally between the United States and the treaty country. How you structure and document a franchise, acquisition or new business shapes the entire case.
- E-2 requires substantial investment in a real, operating U.S. business you will direct.
- E-1 requires substantial trade, principally between the United States and a treaty country.
- The business generally must be at least half owned by treaty-country nationals.
- Agreements, money trail and business plan should be built with the visa in mind.
Introduction
An E-2 visa lawyer helps a foreign national from a treaty country invest in a U.S. business and obtain status to run it, and the most valuable part of that help often comes before any money changes hands. This guide is for investors and traders in Florida who are buying a franchise, acquiring an existing company, or opening a new business, and who want to understand how the E-2 and E-1 visas work. To discuss your situation, call 1-844-YO-PELEO or contact us.
If you are buying a franchise, acquiring an existing company, or opening a new business in Florida, the way you structure and document the investment shapes the whole case. A well-prepared file often looks different from the start: the agreements, the money trail, and the business plan were built with the visa in mind.
Vasquez Law Firm assists investors and traders across Florida. This article is general information, not legal advice. Requirements, procedures, and wait times change, so we review the current rules for your case before any filing.
What E-2 and E-1 Visas Are
Both are nonimmigrant "treaty" visas. They are available only to nationals of countries that have a qualifying treaty with the United States, and not every treaty country qualifies for both. The U.S. Department of State publishes the current list.
- E-2 treaty investor: for a person who has invested, or is actively in the process of investing, a substantial amount of capital in a real, operating U.S. enterprise and who will develop and direct it.
- E-1 treaty trader: for a person who carries on substantial trade in goods or services, principally between the United States and the treaty country.
The business itself generally must be at least half owned by nationals of the treaty country. Certain employees of the business who share that nationality may also qualify, if they will work in an executive or supervisory role or have skills essential to the operation.
What an E-2 Visa Attorney Reviews Before You Invest
Most E-2 problems come from the investment itself, not the forms. An attorney typically looks at the following.
- Substantial investment. There is no fixed minimum dollar amount in the regulations. The investment is measured against the total cost of buying or starting the particular business, so a lower-cost service company and a capital-heavy restaurant are evaluated differently.
- Funds at risk. The money must be committed to the business and subject to loss if the business fails. Money sitting in a personal account, or funds secured by the business's own assets, can create problems.
- Lawful source of funds. You must be able to trace where the money came from, such as savings, the sale of property, or a gift, with documents.
- Not a marginal enterprise. The business should have the present or future capacity to do more than provide a minimal living for the investor and family, which is why a realistic business plan matters.
- Control. You need to show you will develop and direct the enterprise, usually through ownership of at least half or operational control.
Our investment visa practice page explains how we prepare these cases.
What an E-1 Visa Lawyer Looks At for Traders
E-1 cases focus on trade rather than capital. A lawyer reviews whether the trade is already in progress, whether it is substantial, meaning a continuous flow of exchanges rather than a one-time deal, and whether more than half of the company's international trade is between the United States and the treaty country. Invoices, shipping records, contracts, and bank records usually carry the case.
An exporter or a logistics company in Florida would be a typical example of a business that considers this route. If the volume of trade is thin or irregular, the E-2 may fit better, and the reverse can be true for a business with strong trade and a modest investment. A review of the records tells you which direction the facts point.
How the E-2 Process Generally Works in Florida
- Strategy and structure: confirm treaty nationality, choose E-1 or E-2, and plan the company formation and ownership.
- Investment and documentation: commit the funds, sign leases or purchase agreements, and gather source-of-funds records.
- Business plan: prepare a plan with realistic hiring and revenue projections.
- Filing: most applicants apply at a U.S. embassy or consulate abroad, which includes an online visa application and a detailed E visa application package, followed by an interview.
- Change of status, in some cases: someone already in the United States in another valid status may instead ask USCIS for a change of status through Form I-129, which has its own trade-offs.
- After approval: keep records for renewal, and ask before changing the business.
Requirements, procedures, and wait times vary by consulate and change over time, so we review the current rules for your case.
After Approval: Status, Family, and Renewals
E status is temporary. It can generally be extended or renewed as long as the business and the investor continue to meet the requirements, and you are expected to depart when your E status ends. A spouse and unmarried children under 21 may be able to accompany you in E status. Spouses may be eligible to work, and children may study.
Renewals depend on the business record: tax returns, payroll records, bank statements, and proof of growth. If the business changes ownership, location, or structure, ask your lawyer first. Many investors also ask about longer-term options, so we explain how E status relates to other work visa options and to permanent residence.
Document Checklist for an E-2 or E-1 Consultation
- Your passport and any prior U.S. visas or status documents.
- A description of the business you plan to buy or start, and any draft agreements.
- Bank statements and records showing where the investment funds came from.
- For traders: recent invoices, contracts, and shipping records.
- Your résumé, especially any management or industry background.
- Company formation documents, if the business already exists.
- Recent financial statements and tax returns for an existing business that you plan to buy.
Bringing these to the first meeting lets a lawyer give you a realistic early assessment instead of general answers.
If any document is in a language other than English, plan for translation, and keep both the original and the translation together. Records from abroad can take time to obtain, so begin requesting them as early as possible.
Timeline and Processing Expectations
How long an E case takes depends on how quickly the business is set up, how complete the documents are, and the processing at the consulate or USCIS. The Department of State and USCIS publish current information, and it varies by location and changes, so we do not give numbers here.
A good deal of the time in an E-2 case is spent before filing, when the investment is structured and the records are gathered. The table shows the usual stages.
| Stage | What happens | Who acts |
|---|
| Strategy and structure | Nationality, category, and ownership are confirmed | Lawyer, investor |
| Investment and documents | Agreements are signed; funds and records are assembled | Investor, business counsel, lawyer |
| Filing | Consular application or USCIS request is submitted | Lawyer, consulate or USCIS |
| Interview or review | Officer asks about the business and the investment | Consular officer or USCIS, investor |
| Decision and renewal | Visa issued or denied; renewal evidence is kept | Consulate or USCIS, investor |
Writing a Business Plan That Fits the Visa
A business plan for an E-2 case has a different audience than a plan for a bank. The officer wants to understand what the business does, how much has been invested and spent, who owns it, how it will grow, and why it will do more than support the owner. A good plan includes a market description, a staffing plan, realistic revenue projections, and a budget that ties back to the records of money spent. Numbers that look too good to be true can create doubt, and numbers that show only a bare living can create a different problem.
Employees and Essential Skills
A treaty enterprise may also bring in certain employees who share the treaty nationality. Executives and supervisors can qualify, as can workers whose skills are essential to the business. The question is not the job title but the duties, the reporting structure, and why the role cannot be filled in an ordinary way. Collect organization charts, job descriptions, and résumés early so that the case describes the position accurately.
Examples of Businesses Florida Investors Consider
Florida attracts investors in many fields, and each type of business raises its own questions. A franchise comes with standard documents, but the investor must still show the required control and funding. An existing business comes with a purchase agreement and a financial history that an officer will study. A new business depends heavily on the quality of the plan and the early financial commitments. A trading business is judged by its records of ongoing trade.
The details change from one case to another, so avoid assuming that what worked for a friend will work for you. Different fact patterns, different nationalities, and different consulates can lead to different questions.
How to Choose Among E-2 Visa Lawyers
Many people start by searching for a standout immigration lawyer for E-2 cases, but rankings do not tell you how a lawyer will handle your investment, and Florida Bar rules do not allow lawyers to claim they are better than others. Questions that reveal more include the following.
- Will the attorney review the purchase agreement or lease before you sign?
- How does the firm document source of funds when money moved through several accounts or countries?
- Who prepares the business plan, and will it fit the size of your investment?
- Does the firm prepare you for the consular interview?
The substance matters more than the label. A careful lawyer explains the requirements in plain language and tells you about weak points before you file, and a lawyer who has read your documents should be able to say which ones a consular officer is likely to question. Some foreign trading companies look specifically for an E-1 law firm. The questions above apply to them too, with a focus on trade records. Be cautious about any lawyer who guarantees an outcome.
Cost Factors and Fee Breakdown
The cost of an E case has three parts: the investment itself, the legal work, and government fees.
| Item | Amount | Notes |
|---|
| Attorney fees for review and filing | Varies by case | Depend on the business, the documents, and any renewal planning |
| Consular visa application fee | Check the court or agency for current fees | Set by the Department of State |
| USCIS change-of-status filing | Check USCIS for the current fee | Fee rules change; check the form instructions |
| Business purchase, lease, or franchise costs | Varies by case | Handled with business counsel and accountants |
| Translations and records | Varies by case | Foreign-language documents usually need translation |
Ask for a written fee agreement that explains what is included, such as the review of agreements, the support letter, interview preparation, and renewals.
The investment is not a legal fee, but it is part of the case. Because there is no fixed minimum in the law, discuss the amount and the structure with your business advisers and your lawyer together.
Common Mistakes to Avoid
- Signing a purchase agreement or lease before an immigration review of the structure.
- Leaving funds in a personal account instead of committing them to the business.
- Using funds that are secured by the business's own assets without asking how that affects the "at risk" requirement.
- Failing to trace the lawful source of the money with documents.
- Presenting a business plan that suggests the enterprise will barely support the family.
- Assuming a fixed minimum investment exists, or that a large investment makes approval certain.
- Changing or selling the business without asking how it affects status.
When to Call a Lawyer
Call before you buy a business, sign a lease, pay a franchise fee, or transfer investment funds, because the order of events matters. Call when you want to hire a treaty-national manager, when your status is nearing its end, or when a consulate or USCIS has asked for more documents. A planning conversation at the start is usually far less costly than rebuilding a case after a denial.
How We Work With Investors Across Florida
Vasquez Law Firm practices only immigration law from one office, at 1111 E Amelia Street in Orlando. We work with investors and traders anywhere in Florida, including Miami, Tampa, and Naples, through secure phone and video consultations, and in person in Orlando. We work in English and Spanish. We cannot promise a visa will be issued, because that decision belongs to the consulate or USCIS. What we can do is help you present a complete, well-documented case. To discuss your investment, contact our Orlando office, or read our guides for Miami and Orlando.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. Our only office is at 1111 E Amelia Street in Orlando. We serve clients across Florida by phone and secure video, and we meet in person at the Orlando office. William J. Vásquez is the founding attorney, and consultations are available in English and Spanish. To talk about your situation, call 1-844-YO-PELEO or contact us.
Sources and References
Related services: investment visas, immigration lawyers in Florida
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This article is general information, not legal advice. Every case is different; speak with an immigration lawyer about your situation.
