Puerto Rico•North AmericaE-2 Treaty Investor Visa
At a Glance
Processing Time
Varies
Application Fee
205 USD
Stay Duration
Up to 2 years
Renewable
Yes
Job Offer
Not Required
Dependents
Allowed
PR Pathway
No
This visa does not offer a direct route to permanent residency.Remote Work
Not Required
Overview
Visa for nationals of treaty countries who invest substantial capital in US commercial enterprise in Puerto Rico. Must demonstrate non-marginal business.
The E-2 Treaty Investor visa was established under the Immigration and Nationality Act to implement treaties of commerce and navigation between the United States and specific partner nations. Its primary purpose is to stimulate the U.S. economy by encouraging foreign nationals to invest substantial capital in American businesses. Unlike many other investment-based visas, the E-2 focuses on active participation, requiring the investor to personally oversee and direct the operations of the enterprise in which they have invested.
This visa is ideal for entrepreneurs, small to medium-sized business owners, and corporate entities from treaty countries looking to expand their footprint into the U.S. market. It is particularly well-suited for individuals who prefer a hands-on management style and seek a more accessible entry point than the high-capital EB-5 immigrant investor program. A key distinguishing feature is the 'proportionality test' used to determine investment sufficiency, which allows for flexibility based on the specific industry and nature of the business rather than a fixed, universal dollar amount.
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Requirements
Personal
Passport Validity
6 months
Criminal Record Policy
case_by_case
Education
None or higher
Professional
Required Skills
Eligible Nationalities
This visa is available to citizens of: AL, AR, AM, AU, AT, AZ, BH, BD, BE, BO, BA, BG, CM, CA, CL, CO, CG, CD, CR, HR, CZ, DK, EC, EG, EE, ET, FI, FR, GE, DE, GR, GD, HN, IE, IL, IT, JM, JP, JO, KZ, KR, XK, KG, LV, LR, LT, LU, MK, MG, ML, MU, MX, MD, MN, ME, MA, NL, NZ, NI, NO, OM, PK, PA, PY, PH, PL, RO, SN, RS, SG, SK, SI, ES, LK, SR, SE, CH, TW, TH, TG, TT, TN, TR, UA, GB
Documentation
Applicant Documents
Valid passport
From treaty country
Investment documentation
Proof of capital investment
Business registration
Puerto Rico business documents
Business plan
Demonstrating non-marginal operation
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Advantages
- No annual numerical cap or quota restrictions
- Significantly lower capital requirements compared to the EB-5 immigrant investor program
- Expedited processing available through USCIS premium processing for change of status
- Direct control over business operations and strategic decision-making
- Flexibility to invest in a wide range of industries and business models
- Absence of a mandatory minimum job creation count, provided the business is not marginal
Considerations
- Lack of a direct path to lawful permanent residency (Green Card)
- Strict requirement for the business to generate more than a minimal living for the investor
- Substantial risk of status loss if the underlying business enterprise fails
- Requirement for the investment to be 'at risk' and irrevocably committed before application
Application Process
Verify treaty country status
Confirm nationality qualifies for E-2
Invest substantial capital
Demonstrate significant investment in Puerto Rico business
Document business operation
Proof of non-marginal enterprise
Complete visa application
DS-156E form
Visa interview
At US consulate
Receive E-2 visa
Valid for 2 years
Application Forms
Treaty Trader/Investor Application
Form ID: DS-156E
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