— Resources

Frequently Asked Questions

We answer the most common questions about investment visas, employment visas and immigration processes in the United States

13 questions

E-2 Visa & Investment

How much do I need to invest to obtain an E-2 Visa?

The law does not set a fixed amount: the investment must be 'substantial' in relation to the type of business and sufficient to ensure its successful operation. In practice, most approved cases start at around $100,000 USD, although smaller businesses may qualify with lower amounts if they are fully capitalized.

Read the full article (in Spanish) →
I have $80,000. Is that enough to invest in a business and apply for an E-2 Visa?

It may be, depending on the type of business: since there is no fixed minimum, what is evaluated is whether that amount is 'substantial' compared to the total cost of the chosen business and whether it is enough for the business to operate viably, not just to support the investor.

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Do franchises increase the chances of my E-2 Visa being approved?

They help, but they do not guarantee it. Investing in a proven business such as a franchise provides a validated business model and standardized documentation that make it easier to support the case, but approval still depends on the investment being substantial and the business generating more than a marginal income.

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Which franchise is right for building my future with an E-2 Visa?

The ideal franchise is one with a structured investment plan, a proven track record in the U.S. and real potential for growth and job creation, since those are precisely the elements that strengthen an E-2 petition before the consular officer.

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What type of business do I need for the E-2 Visa?

It can be virtually any active, legitimate business (not a passive investment such as non-operating real estate): franchises, independent businesses, the acquisition of an existing business or a startup. What matters is that it generates real income and is not only meant to support the investor and their family.

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What are the steps to apply for an investor visa?

The typical process has 8 steps: diagnostic consultation, profile evaluation, strategy definition, contract signing, case structuring (company, business plan, financial evidence), filing of the application, immigration response/consular interview and, finally, approval.

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What should a winning business plan for investment visas include?

It must demonstrate real financial viability: revenue projections, a staffing plan, market analysis, operating structure and evidence that the investment is sufficient to grow the business, not just to sustain it. This applies to the E-2 as well as the L-1 and EB-5.

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Can a good credit score help me apply for my visa?

Yes, it can help: a solid credit history supports your financial solvency and your ability to invest in or sustain the business, which strengthens the overall credibility of the case, although it is not a mandatory legal requirement for every visa category.

Watch the video →
Can I enter the United States on a tourist visa while my E-2 is pending?

Yes, it is possible, but it must be handled carefully: the intentions stated on each visit must be consistent with the tourist purpose, and it is best to avoid signs of premature 'immigrant intent' that could raise doubts for the consular or CBP officer.

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Can I change from a tourist visa to an E-2 Visa while inside the U.S.?

Yes, through a change of status without leaving the country, as long as the E-2 requirements are met and the tourist status is still valid at the time the application is filed.

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Can I apply for an E-2 Visa if I entered without documents or applied for asylum?

It depends on the specific case: prior immigration history (undocumented entry, a pending or denied asylum application) can complicate eligibility, but it does not always rule it out. Each situation must be evaluated individually with a specialist before assuming you do not qualify.

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I had an immigration issue in the past. Does it affect my E-2 Visa?

Not every immigration history automatically disqualifies you from the E-2. Things like an expired visa, a prior denial or an irregular stay can have an influence, but the real impact depends on the type of issue, when it happened and how the current case is presented.

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Can I bring my pet to the United States with my E-2 Visa?

Yes, it is possible to travel with dogs or cats, but you must meet specific vaccination and health certificate requirements and, depending on your country of origin, complete additional USDA/CDC procedures before entry.

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4 questions

From Visa to Permanent Residence

What is the best route to go from a visa to a Green Card?

There is no single route: the best one depends on the applicant’s profile (investor, professional, extraordinary ability or family). The most common options are moving from an investment visa (E-2, L-1) to the EB-5 or EB-1C, or building an EB-1/EB-2 NIW case based on professional achievements.

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Does the E-2 Visa lead to permanent residence (Green Card)?

Not directly: the E-2 is a nonimmigrant visa, renewable indefinitely as long as the business operates, but it does not grant a Green Card on its own. Those seeking permanent residence usually combine it with another path such as the EB-5 or build a business structure that qualifies for EB-1C/L-1.

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Which visas do lead to residence in the United States?

The main ones include the EB-5 (investment), EB-1 (extraordinary ability), EB-2 NIW (national interest), L-1 with a transition to EB-1C, and family-based petitions. Each has different requirements and timelines.

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How does an investment visa relate to the path to residence?

Nonimmigrant investment visas (E-2, L-1, E-1) allow you to operate in the U.S. while building a strategy toward permanent residence, typically moving to the EB-5, EB-1C or EB-2 NIW depending on the investor’s profile and the growth of the business.

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1 question

Investment Visa Comparison

What is the difference between the E-2, E-1, L-1 and EB-5 visas?

The E-2 is for investors from treaty countries who invest in an active business; the E-1 is for traders engaged in substantial bilateral trade; the L-1 is for executives and managers who transfer a multinational company to the U.S.; and the EB-5 is the only one of the four that grants a direct Green Card through an investment starting at $800,000 USD.

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2 questions

O-1 Visa (Extraordinary Ability)

My O-1 Visa is about to expire. How do I extend it?

The extension follows 5 key steps: review updated evidence of recent achievements, confirm that the sponsoring employer/agent is still in place, prepare the renewed I-129 petition, file well before the expiration date and follow up on the USCIS response.

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Can influencers and streamers qualify for the O-1A Visa?

Yes. The O-1A is not limited to traditional artists: content creators, influencers and streamers may qualify if they demonstrate extraordinary ability through reach metrics, industry recognition, media coverage, brand collaborations or other criteria comparable to the traditional ones.

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4 questions

Immigration Status & Procedures

What should I know before filing a change of status in the U.S.?

It is key to verify that your current status is still valid at the time of filing, that there are no prior status violations, and to gather all the evidence supporting the new category requested, since a poorly prepared change of status can result in a denial.

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Can I change to an investment visa without leaving the United States?

Yes, through an in-country change of status, as long as your current status is valid and the substantive requirements of the investment visa you are seeking (E-2, L-1, etc.) are met, thus avoiding a trip to the consulate.

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I already formed my company in the U.S. What comes next?

Opening the company is only the first step; then comes what matters most: properly structuring the finances, meeting tax obligations, hiring staff if applicable, and preparing the operational documentation that will support the visa application.

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What is FOIA and how do I request my immigration file?

FOIA (Freedom of Information Act) allows you to request the applicant’s complete immigration file from USCIS, which is useful for understanding the history of prior filings, understanding previous denials or preparing a new application based on what was already submitted.

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1 question

Asylum & Other Processes

What are the most common questions about asylum in the United States?

The most common questions revolve around the deadline to apply (within the first year after arrival), what happens if the case has been pending for years, whether you can work while it is being decided, and how an asylum case may affect or be combined with other future immigration applications.

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23 questions

E-2 Visa Guide

Is there a minimum or maximum investment for the E-2 visa?

U.S. law does not set a minimum or a maximum. We recommend investing $75,000 to $100,000 USD or more, depending on the industry, so the capital is considered "substantial."

The amount must make sense for the business: $75,000 USD may be appropriate for a coffee shop, but not for a luxury home builder.

Which types of business qualify for the E-2 visa, and which don't?

The visa requires an active company with steady cash flow, day-to-day operations, and job creation in the U.S. Passive businesses do not qualify.

Qualify (active):

  • Specialized construction and remodeling (flooring, kitchens, painting).
  • Logistics and transportation.
  • Academies, auto repair shops, and beauty centers.
  • Specialized sales and imports (for example, ambulances or supplies).
  • Restaurants, coffee shops, and technology or software companies.
  • Operating franchises or the purchase of existing businesses.

Do not qualify (passive):

  • Buying, remodeling, and quickly reselling properties (Fix & Flip).
  • Passive rentals or short-term rentals such as Airbnb.
  • Stock market investments.
  • Cryptocurrency.
Can I buy a franchise or an existing business to apply for the E-2 visa?

Yes. You can apply through any of three routes:

  • A new business (start-up).
  • An operating franchise.
  • An established U.S. business.
What percentage of the company must I own? Can I have a partner?

The principal applicant must own at least 50% of the company (LLC or Corporation).

A partner is allowed only if ownership is exactly 50/50. In that case we recommend a total investment of about $120,000 USD ($60,000 per partner).

When must I invest the money, and which expenses count as investment?

By the consular interview, the money must be at risk, with 80% to 90% or more already invested. Keeping funds unused in a bank account does not meet the requirement.

All legitimate project expenses count toward the investment:

  • Legal fees and LLC formation.
  • Web design, branding, and marketing.
  • Accounting services.
  • Equipment and inventory purchases.
  • Rent for a storefront or warehouse.
Where can the investment funds come from?

The capital can come from any of these sources, as long as its origin can be documented:

  • Personal savings.
  • Sale of real estate or other assets.
  • Profits from previous businesses.
  • Direct family gifts.
  • Bank loans.
Can I use a loan or a family gift to invest?

Loans: valid only if secured by the investor's personal assets (for example, a property or a vehicle). The company itself, or the assets to be purchased in the U.S., cannot be used as collateral.

Gifts: fully legal (for example, from parents or a spouse). They are documented with a Gift Affidavit, in which the donor states that the funds are given with no obligation to repay.

How do I prove the traceability of the invested money?

The money must follow a documented three-step path:

  • It leaves the investor's personal source account.
  • It arrives by wire transfer in the LLC's U.S. business account.
  • It is invested through payments and purchases made directly from the company account.
What if my country does not have an E-2 treaty with the United States?

Only citizens of E-2 treaty countries can apply. Some examples:

  • Treaty countries: Mexico, Colombia, Spain, Argentina, Chile, Costa Rica, Honduras, and Panama.
  • Non-treaty countries: Venezuela, Cuba, Nicaragua, Peru, and Brazil.

If you hold a second citizenship from a treaty country, you can apply with that passport. For example, a Venezuelan with a Colombian or Spanish passport.

Why does E-2 visa validity vary by nationality?

It depends on each country's reciprocity agreements with the U.S. For example, Colombians, Mexicans, and Spaniards receive the visa for 5 years; Chileans, for 1 year (renewable).

Can I apply for the E-2 visa if I have a pending asylum case?

No. The E-2 is a nonimmigrant visa: it requires valid legal status or being outside the U.S. A person with a pending asylum case (affirmative or in court) does not have valid status for this category.

The alternatives are immigrant visas that lead directly to residency (Green Card), such as the EB-2 NIW or the EB-3 (employer sponsorship).

Can I withdraw my asylum case, leave the U.S., and apply for the E-2 at a consulate?

It is high risk and we do not recommend it. If the person accrued more than 180 days or more than 1 year of presence without valid status, leaving the U.S. triggers a 3- or 10-year re-entry bar.

What if I entered without inspection or overstayed my visa?

It is essential to have no penalties for unlawful presence. Before filing anything, we recommend requesting your FOIA (Freedom of Information Act) file to review your complete immigration record.

Can I change status to E-2 from another visa while inside the U.S.?

Yes, if you entered legally and maintain valid status (for example, B1/B2, F-1, J-1, or L-1).

Exception: anyone who entered on ESTA / Visa Waiver cannot change status inside the U.S. and must go through consular processing.

Which is better: consular processing or a change of status with USCIS?

We recommend consular processing because it provides longer validity and allows free travel.

  • Consular processing: handled at the U.S. embassy or consulate in your home country; validity of up to 5 years (depending on the treaty); you can travel in and out freely; the visa is stamped in your passport.
  • Change of status (USCIS): handled inside the U.S.; validity of only 2 years; if you leave the country you lose the status and must attend a consular interview; you only receive an approval notice (Form I-797), with no visa in your passport.
How long does the E-2 visa process take?

The full process takes 4 to 7 months, from signing the engagement agreement and forming the company to the consular interview. At the interview, the consular officer announces the approval or denial immediately.

Who does the E-2 visa cover, and what benefits does my family receive?

The visa covers the principal applicant, their spouse, and their unmarried children under 21. All of them receive a Social Security Number (SSN).

  • Principal applicant: may manage and work only for the company that obtained the visa.
  • Spouse: may work for any employer with open work authorization.
  • Unmarried children under 21: may attend public or private schools.
Can I include my partner if we are not legally married?

No. To include a partner, a civil marriage certificate is required.

Can I work for another company on an E-2 visa?

No. The visa holder may only manage and work for the company through which the visa was granted.

What happens when my child turns 21?

They lose dependent status and must move to their own status, for example an F-1 student visa, a work visa, or their own investor visa.

Does the E-2 visa lead to a Green Card or citizenship?

Not directly or automatically. The E-2 is a nonimmigrant visa, but it can be renewed indefinitely as long as the business remains active, pays taxes, and creates jobs.

How can I move from the E-2 visa to a Green Card?

The E-2 works as a bridge to establish yourself in the U.S. With the business running, you can move forward through three routes:

  • EB-5: by building up the required capital of $800,000 USD or more.
  • EB-2 NIW: by applying on National Interest grounds.
  • EB-3: through employer sponsorship.
What other visas can I consider besides the E-2?
  • E-1 (nonimmigrant, renewable): substantial, ongoing trade between your country and the U.S.; no large physical assets required.
  • EB-2 NIW (immigrant, leads to a Green Card): advanced degree or 5 years of experience, plus a National Interest project; no investment required.
  • EB-5 (immigrant, leads to a Green Card): investment of $800,000 USD or more and creation of 10 direct jobs.
  • O-1 (nonimmigrant): demonstrable extraordinary ability; no investment required.
  • E-2 Employee (nonimmigrant): key technical or managerial staff with the same nationality as the E-2 principal.
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