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Investor's Visa Through E-1 OR E-2

Investor Visa Lawyer in Los Angeles

Protecting Your Investment and Immigration Goals Every Step of the Way

For entrepreneurs and business professionals seeking opportunities within the U.S., the E-1 and E-2 investor visas provide invaluable pathways to establish and grow enterprises. These visas allow individuals to conduct substantial trade or invest significant capital in a U.S.-based business, contributing to economic development while fostering professional ambitions.

At the Law Offices of Kenneth U. Reyes, P.C., our investor visa attorneys are dedicated to helping clients fully understand their options and successfully apply for these investor visas, particularly within the vibrant and opportunity‑rich city of Los Angeles.

Have questions about E‑1 or E‑2 investor visas? Schedule your appointment online or call (213) 798-4854 now to start your case with an experienced investor visa lawyer.

Understanding E-1 and E-2 Investor Visas

The E-1 Treaty Trader and the E-2 Treaty Investor visas are designed for nationals of countries that maintain qualifying treaties of commerce and navigation with the United States. While both serve distinct purposes, they aim to promote international trade and investment.

For potential investors looking at opportunities in Southern California, understanding the differences between these two categories is an important first step before deciding how to structure a business or investment. We often begin by reviewing a client’s nationality, business goals, and the stage of their U.S. venture—whether they are still exploring options or already operating a company—to determine which visa type is the better strategic fit for their long-term plans.

E-1 Treaty Trader Visa

The E-1 visa is intended for individuals or businesses engaged in substantial trade between their country of citizenship and the United States. Trade can include goods, services, banking activities, or other forms of commerce, and the visa holder must demonstrate that their business maintains a significant flow of transactions to qualify.

In practical terms, E-1 applicants must be ready to document the history and projected growth of their cross-border trade, including invoices, contracts, shipping records, and evidence that most of the trade is conducted with the United States. When we work with traders based in Los Angeles, we also look at how their operations interact with local ports, logistics providers, and service companies, because these details help show that the trade is real, ongoing, and central to the business rather than incidental or speculative.

E-2 Treaty Investor Visa

The E-2 visa is tailored to investors who plan to establish or purchase a U.S.-based business. Applicants must invest substantially in a legitimate business enterprise, actively manage the business, and demonstrate that the enterprise will contribute to the U.S. economy. While there is no fixed monetary threshold, investments must be substantial relative to the type of business and capable of generating profit.

For many clients, a key question is how to define a business that is not marginal and can support more than just the investor’s household. We walk applicants through realistic projections for hiring, revenue, and growth in their specific industry, taking into account factors such as local demand, competition, and regulatory requirements in California. By aligning the investment structure, ownership percentages, and job creation plans with E-2 criteria from the beginning, an investor can approach the process more confidently and avoid costly changes later in the application cycle.

The E Visa Classification as an Immigration Option for Foreign Investors and Entrepreneurs

Foreign nationals who either have a business in their home country or have the capital, or can raise the capital, to establish a business in the U.S. have an option for obtaining long-term status in the U.S. that confers a number of privileges.  This is either through the E-1 “treaty traders” or the E-2 “treaty investors.”  Both classifications require that 1) the person seeking E status is a national of a country with an appropriate treaty; 2) the U.S. business that will employ the person is owned at least 50% by nationals of the same country as the E applicant; 3) the trade or investment by the treaty nationals is “substantial”; and 4) the person seeking E status either is an actual investor in the U.S. business, has an executive or supervisory position in the U.S. business, or possesses skills essential to the U.S. business.

The major distinction between the two is that under the E-1, the U.S. business must conduct “substantial trade,” over 50% of which is conducted with the treaty country. On the other hand, the E-2 requires “substantial investment” in the U.S. business.

The E classification offers several advantages over other employment-based non-immigrant classifications, such as the H-1B and the L-1.  First, no prior preapproved petition is required from U.S. Citizenship and Immigration Services.  The applicant may apply directly to a U.S. consulate.  Second, there is no fixed maximum time limit a person may stay in the U.S. under an E classification, as long as they continue to maintain E status. Third, there is no required affiliation with a foreign company if the U.S. business is owned at least 50% by nationals of the applicant’s treaty country.  Fourth, there is no requirement that the applicant worked with a foreign affiliate.  Fifth, the applicant’s dependent spouse may, under current rules, apply for authorization to work in the United States. The major drawback of the E classification is that either substantial investment or substantial trade with the treaty country is required.  Also, this option is not available if the applicant’s country does not have a qualifying treaty with the United States.

Foreign investors can come to the U.S. on a B-1 visitor visa to evaluate business and investment opportunities.  For more conservative investors, a safer option for maximizing success from both an immigration angle and a business angle is often to purchase an existing business.  Purchasing an existing and profitable business is more likely to satisfy the “substantial investment” requirement.  Preparing an E case requires presenting legal and financial documents that reflect the ownership structure of the business as well as its financial condition.  In the case of a new business, a well-prepared business plan should be included.  It may be necessary to employ the services of other professionals, such as a CPA, in addition to the immigration attorney. Due to the complexity of the E classification, applicants should seek the assistance of an experienced investor visa attorney.

The Benefits of Los Angeles Investor Visas

Los Angeles is among the most dynamic cities for international business, offering a robust economy, a strategic location, and a diverse customer base. E-1 and E-2 visa holders benefit from access to the thriving markets of Southern California and the connections and opportunities provided by LA’s global trade networks. These visas allow individuals to reside in the U.S. with their families while operating their businesses, creating an optimal balance between personal and professional advancement.

Because Los Angeles includes major ports, airports, and industry hubs across technology, entertainment, manufacturing, and professional services, it can be an attractive choice for treaty investors who want to build a company with international reach. When we evaluate a proposed business, we look at how the location, target customers, and local workforce support the long-term viability of the enterprise, and how those factors can be explained clearly to a consular officer or USCIS adjudicator reviewing an E‑2 filing from a Los Angeles–based investor.

E-2 Visa Eligibility Requirements

Understanding whether you meet the E-2 eligibility rules before investing significant funds helps you avoid delays and unnecessary risk. At a basic level, you must be a national of a treaty country, invest in a real and operating commercial enterprise, and show that the business is more than a marginal endeavor. We review each of these elements in detail with our clients so they can make informed decisions about how much to invest, how to structure ownership, and how to document their plans.

Beyond nationality and investment amount, adjudicators look closely at the source and path of funds, the business’s ability to create jobs, and the investor’s role in directing and developing the enterprise. This often means preparing clear evidence of lawful funds, detailed financial projections, and organizational charts showing how the investor will manage or direct the company. For investors establishing or purchasing a business in the Los Angeles area, we also help align hiring plans and projected revenue with realistic conditions in local markets, including industry-specific wage levels and typical startup timelines.

E-2 Visa Application Process

The E-2 application process involves several stages, and understanding each step can make the experience more manageable. We typically begin by assessing eligibility, reviewing the proposed business, and confirming treaty nationality, then move on to gathering corporate documents, financial records, and a detailed business plan. Depending on whether you are applying at a U.S. consulate abroad or through a change of status in the United States, the specific forms and presentation format will differ, but the core goal is the same: to demonstrate a substantial, at-risk investment in a viable enterprise.

Once the application package is complete, it is submitted either to the appropriate consulate or to USCIS, followed by an interview or adjudication period. Investors planning to operate in Los Angeles often coordinate timing with lease negotiations, hiring, and local licensing requirements so that the business can begin operating promptly after approval. We guide clients on practical considerations such as opening business bank accounts, registering with California agencies, and preparing for possible follow-up questions about how their company will function day to day in the Los Angeles business environment.

How the Law Offices of Kenneth U. Reyes, APC Can Help in Los Angeles

Navigating the intricacies of investor visa applications can be challenging, particularly in a jurisdiction with as much complexity as Los Angeles. At the Law Offices of Kenneth U. Reyes, APC, we leverage extensive knowledge of immigration law and local business landscapes to guide clients through the prerequisites, documentation, and presentation required for E-1 and E-2 visas.

Our investor visa attorney works closely with clients to structure their applications, ensuring that all eligibility criteria are addressed and that their business plans align with the visa’s intent.

Whether you want to expand your international trade network or establish a thriving business in Los Angeles, the Law Offices of Kenneth U. Reyes, APC can provide the personalized legal assistance you need.

Ready to move forward with your E-1 or E-2 investor visa? Schedule your consultation online or call (213) 798-4854 today to speak with our investor visa lawyers in Los Angeles.

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