E-1 & E-2 Visa Attorneys

The E-1 and E-2 visa categories occupy a unique and often misunderstood corner of U.S. immigration law. Unlike H-1B or L-1 visas, which are tied to a specific employer sponsor, E visas are tied to the treaty country nationality of the applicant and to the ongoing operation of an active business enterprise. This creates both opportunity and complexity. There is no annual cap or lottery system, but eligibility requires close analysis of business structure, investment amounts, trade volumes, and the applicant's role within the enterprise.

Our immigration attorneys have guided entrepreneurs, investors, traders, and business owners through the E visa process for more than thirty years. We have helped clients from Mexico, Colombia, Spain, Italy, Japan, South Korea, Israel, the United Kingdom, and dozens of other treaty countries establish and grow businesses in North Carolina and Florida. We understand what consular officers look for, how to structure a business plan that satisfies USCIS and DOS requirements, and how to present the investment evidence in the most compelling way possible.

For E-2 applicants in particular, the lack of a statutory minimum investment amount creates significant ambiguity. The "substantiality" of an investment is measured proportionally. For a business costing $200,000 to establish, an investment of $120,000 or $150,000 would typically be considered substantial, while a $20,000 investment in the same business would not. The investment must also be "at risk," meaning it must be irrevocably committed to the business and not secured against U.S. business assets. Our attorneys carefully analyze each client's investment structure before filing to identify and address any potential weaknesses.

We also advise clients on the "marginality" test, which requires that the business generate more than just enough income to support the investor and their family. USCIS and consular officers want to see that the enterprise has a present or future capacity to make a significant economic contribution, whether through job creation, economic impact, or demonstrated growth potential. A well-crafted business plan with realistic financial projections is essential to satisfying this requirement.

Our offices in Charlotte, Raleigh, Smithfield, and Orlando allow us to serve E visa clients throughout North Carolina and Florida. Both states consistently rank among the most business-friendly in the country and attract significant foreign investment in manufacturing, hospitality, technology, and professional services.