Immigration-Only Representation for Treaty Investors in Greater Cincinnati
The E-2 investor visa is a nonimmigrant classification that allows nationals of treaty countries to invest in and direct a U.S. business, living and working here while operating that enterprise. There’s no annual cap, no lottery, and no quota. Eligible spouses may work in the United States, and unmarried children under 21 may accompany the principal investor as well.
We represent E-2 investor clients throughout greater Cincinnati, including Warren County and Butler County. Our firm has focused on immigration law for over 40 years, and clients work directly with an attorney from the first call through resolution of their case. We offer a complimentary case evaluation for prospective E-2 clients, including Spanish-speaking investors.
As a treaty investor, you must come to the United States to invest in a new or existing enterprise. USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business or purchasing a pre-existing one. In either case, you must demonstrate that the capital you’re investing is substantial.
The capital must be subject to partial or total loss if the investment fails. You must also show that the funds were not obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information. The investor must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must qualify as an essential employee in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers don’t qualify.
Criteria for a Substantial Capital Investment
There is no fixed statutory minimum dollar amount under the Immigration and Nationality Act. USCIS evaluates substantiality on a proportional, case-by-case basis, considering the nature and cost of the specific enterprise.
A substantial amount of capital must meet all three of the following:
Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher the proportional investment must be.
E-2 Investor Visa Representation in Cincinnati Since 1973
Our firm was founded by Richard I. Fleischer, who began practicing U.S. immigration law in 1973. Today, Neil Fleischer leads the firm with the same singular commitment: immigration law. That focus means our attorneys bring depth to every E-2 case, and clients have direct access to their attorney rather than working through paralegals or case managers.
We’ve represented clients from startups to multinational corporations, families, and foreign ambassadors. Our firm is recognized by the Ohio State Bar Association, Cincinnati Bar Association, AILA, Super Lawyers, and Super Lawyers Rising Star. We stay directly involved in your case from start to finish, and we’ve built a reputation throughout Cincinnati and the surrounding area for honest counsel and attentive service.
Would you like to learn more about your visa options as an investor? Call our E-2 visa lawyers in Cincinnati at (513) 880-9969 today. We can get started with a complimentary case evaluation.
Two Ways to Apply for E-2 Classification
How you file for E-2 status depends on where you are when you apply. Both pathways lead to the same classification, but the process, timeline, and practical considerations differ.
Change of Status Inside the U.S. (Form I-129)
If you’re currently in the United States in lawful nonimmigrant status, you may file Form I-129 with USCIS to request a change of status to E-2 classification. Standard processing times vary and are subject to change; visit the USCIS processing times tool for current estimates. Premium processing is available at an additional cost and can result in a decision in approximately 15 business days. One important note: if you obtain E-2 status through a change of status and later travel abroad, you’ll need to obtain an E-2 visa at a U.S. consulate before re-entering the United States.
Consular Processing Outside the U.S.
Investors outside the United States apply for an E-2 visa at a U.S. embassy or consulate, generally in their home country or country of permanent residence. Processing times vary by consulate and country. Visa validity upon approval also varies by treaty country, ranging from a few months to five years depending on applicable reciprocity agreements.
Bona Fide Enterprise Requirement
A qualifying E-2 investment must be made into a bona fide enterprise: a real, active commercial or entrepreneurial undertaking that produces services or goods for profit and meets applicable legal requirements for doing business within its jurisdiction.
The requirements for a bona fide enterprise are as follows:
It is a real, active commercial or entrepreneurial undertaking which produces services or goods for profit.
It must meet applicable legal requirements for doing business within its jurisdiction.
It is NOT an idle investment held for potential appreciation in value, such as undeveloped land or stocks held by an investor who has no intent to direct the enterprise.
The investor (either a person, partnership, or corporate entity) must have the citizenship of a treaty country. Treaty country nationals engaged in substantial trade may also qualify for an E-1 Treaty Traders visa.
If it is a business, at least 50% must be owned by persons with the treaty country’s nationality.
Investment funds or assets must be committed and irrevocable. Uncommitted funds in a bank account or similar security aren’t considered an investment.
It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States.
The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
A marginal enterprise is one that lacks the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and their family. A new enterprise may not be considered marginal if it has the capacity to generate sufficient income within five years from the date E-2 classification begins. See 8 CFR 214.2(e)(15).
Period of Stay & E-2 Renewal
Qualified treaty investors and employees are allowed a maximum initial stay of two years. Extensions may be granted in increments of up to two years each, with no maximum number of extensions, as long as the business continues to meet E-2 requirements and the investor maintains the intent to depart when status expires.
All E-2 nonimmigrants must maintain an intention to depart the United States when their status expires or is terminated. Unlike tourist visas, which require applicants to demonstrate significant ties outside the U.S., E-2 holders simply provide a statement of intent to return to their home country when their status ends.
An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission upon returning to the United States. It is generally not necessary to file a new Form I-129 in this situation.
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I cannot recommend Neil highly enough. He truly went above and beyond at every step of our immigration process. From our very first consultation - he was knowledgeable, responsive, and genuinely invested in our case. Every question was answered clearly, deadlines were met, and we always felt confident knowing our case was in the best hands. This is by far the best immigration lawyer I have ever worked with (I have worked with others in the past) and I’m incredibly grateful for his professionalism, dedication, and results. If you’re looking for someone you can truly trust with your immigration needs, Neil would fit that bill.
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Is there a minimum investment amount required for the E-2 visa?
There is no fixed statutory minimum dollar amount under U.S. immigration law. USCIS and consular officers evaluate substantiality on a proportional, case-by-case basis relative to the total cost of the enterprise. A lower-cost business requires a higher proportional investment to satisfy the substantial investment test.
How long does the E-2 visa application process take?
Standard USCIS processing times vary and are subject to change; the USCIS processing times tool provides current estimates by form type and service center. Premium processing is available at an additional cost and can result in a decision in approximately 15 business days. Consular processing timelines vary by embassy and country of application.
Can the E-2 visa lead to a green card?
The E-2 is a nonimmigrant classification and doesn’t directly lead to permanent residency. Many investors maintain E-2 status while pursuing a parallel green card pathway, such as the EB-5 investor program or an employment-based category. Early planning matters because each pathway carries its own eligibility requirements and processing timelines.
Can my spouse work if I hold E-2 status?
Yes. Spouses of E-2 principal investors are generally considered employment authorized incident to their status and may also obtain an Employment Authorization Document. Unmarried children under 21 may accompany the investor and attend school but aren’t authorized to work.
Does my nationality affect E-2 eligibility?
E-2 eligibility is based on nationality, not country of residence. The investor must be a national of a country that maintains a qualifying treaty of commerce and navigation with the United States. Nationals of China, India, Brazil, and Russia are generally not eligible for this visa category, as those countries don’t currently maintain qualifying E-2 treaties.
Yes. We offer a complimentary case evaluation for prospective E-2 investor clients. Call (513) 880-9969 to speak with our team and get an honest assessment of your situation before moving forward.
Long-Term Planning Beyond E-2 Status
The E-2 investor visa is a nonimmigrant classification, which means it doesn’t automatically lead to permanent residency. For many investors, that’s not an immediate concern. Because E-2 status can be renewed indefinitely as long as the business continues to meet program requirements, it can function as a long-term platform for building a business in the United States.
That said, circumstances change. Investors who build successful enterprises sometimes reach a point where permanent residency becomes the right next step. Common pathways worth understanding early include the EB-5 immigrant investor program, which requires a capital investment in a qualifying new commercial enterprise; the EB-1C category for multinational managers and executives, which becomes relevant if the business grows to that scale; and family-based immigration, depending on individual circumstances.
We handle business immigration matters including EB-5 investor visa cases alongside E-2 representation, so investors can evaluate long-term options without starting over with a new firm. We’ve worked with clients ranging from early-stage startups to multinational corporations, and we understand how immigration strategy needs to evolve as a business grows. If you’re an E-2 investor in Cincinnati thinking beyond your current status, call (513) 880-9969 to discuss your options.
