Headman Law Group represents E-2 — Treaty Investor clients in Boston — serving the region's universities, hospitals, and biotech. U.S. immigration law is federal, so we guide Boston-area clients through the same proven process we use nationwide — most steps handled by video and secure document exchange, with no need to visit an office.
What Is the E-2 Visa?
The E-2 Treaty Investor visa allows a national of a country that maintains a qualifying treaty of commerce with the United States to enter and remain in the U.S. to develop and direct a business in which they have invested a substantial amount of capital. It is one of the most flexible options for entrepreneurs from treaty countries.
Unlike EB-5, the E-2 is a nonimmigrant visa rather than a green card, but it can be renewed indefinitely so long as the business continues to operate and the investor maintains intent to depart when the status ends. There is no fixed minimum investment, and processing is generally faster than immigrant-investor options.
What the E-2 Provides
- Authorization to live in the U.S. and run your invested business.
- Renewable indefinitely while the enterprise operates.
- No fixed minimum investment — proportionality is the test.
- Work authorization for a spouse as an E-2 dependent.
- Children under 21 may accompany you as dependents.
- Generally faster processing than immigrant-investor routes.
E-2 Eligibility
The E-2 turns on nationality, a real investment, and your role in the business.
Treaty-Country Nationality
You are a national of a country that maintains a qualifying treaty of commerce and navigation with the United States.
Substantial Investment
You have invested, or are actively in the process of investing, a substantial amount of capital that is proportional to the total cost of the business.
Bona Fide Enterprise
The investment is in a real, active, operating commercial enterprise — not a passive holding such as undeveloped land or idle funds.
At-Risk Capital
The funds are committed and at risk, subject to partial or total loss if the business fails.
Develop and Direct
You will develop and direct the enterprise, typically through at least 50% ownership or operational control.
The E-2 Process
E-2 status can be obtained at a U.S. consulate abroad or, in some cases, by change of status inside the U.S.
Eligibility & Business Review
We confirm treaty-country nationality, assess whether the investment is substantial and at risk, and review the enterprise's structure.
Investment & Business Plan
We document the committed capital and prepare a business plan showing the enterprise is real, operating, and capable of generating more than a marginal living.
Consular Application or Change of Status
We file the E-2 application with the appropriate U.S. consulate, or request a change of status with USCIS where the applicant is already in the U.S.
Maintain & Renew
E-2 status is granted for a set period and can be renewed indefinitely while the business continues to operate and you maintain eligibility.
Evidence for an E-2 Visa
E-2 cases focus on the investment, the business, and your control of it.
Investor & Funds
- Passport showing treaty-country nationality
- Source-of-funds and transfer records
- Proof the capital is committed and at risk
- Ownership and control documents
Business
- Business plan with financial projections
- Lease, payroll, and operating records
- Formation and licensing documents
- Evidence the enterprise is more than marginal
Frequently Asked Questions
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