E-2 and E-1 Visa Lawyer: Investor and Trader Visas for the United States

The United States offers two treaty-based nonimmigrant visas for investors and traders: the E-2 Treaty Investor Visa and the E-1 Treaty Trader Visa. Both are designed to facilitate economic exchange between the U.S. and countries with which it has signed treaties of commerce and navigation. Both require a strong, well-documented legal case to secure.

At Grant Dwyer Law, we represent investors, entrepreneurs, and business owners from around the world in E-2 and E-1 visa applications. Attorney Grant Dwyer is fluent in Spanish, has worked extensively with clients from Latin America and beyond, and brings over 14 years of legal experience to every case.

The E-2 Treaty Investor Visa

What It Is

The E-2 visa allows citizens of treaty countries to enter and work in the United States based on a substantial investment in a U.S. business. It is one of the most flexible pathways available to foreign investors, and one of the most commonly pursued by entrepreneurs looking to establish or acquire a business in the United States.

Who It Is For

The E-2 visa is designed for investors who are actively directing the operations of a U.S. enterprise. This includes entrepreneurs launching a new business, investors acquiring an existing company, and franchise buyers purchasing a U.S. franchise unit. Employees of E-2 companies with executive, supervisory, or essential skills can also qualify under the same category.

Key Benefits

The E-2 visa can be renewed indefinitely as long as the business remains operational and the investor maintains their intent to depart upon visa expiration. Your spouse receives automatic work authorization in the United States. Your children under 21 can attend U.S. schools.

There is no fixed minimum investment amount, though the investment must be substantial and proportional to the total cost of the enterprise. Processing is significantly faster than most immigrant visa pathways, and no labor market test is required.

What USCIS Evaluates

As your E-2 visa lawyer, our job is to build the strongest possible case across every criterion USCIS will scrutinize:

1- Nationality: You must be a citizen of a qualifying treaty country.
2- Source of funds: USCIS will examine where your investment capital came from and verify that it was lawfully obtained and declared for tax purposes in your home country.
3- Funds at risk: The investment must be genuinely committed and subject to partial or total loss. Funds held in escrow or not yet deployed do not qualify.
4- Substantial and proportional investment: There is no set dollar threshold, but USCIS evaluates the investment relative to the total cost of the business. The higher the total cost, the higher the investment must be.
5- Non-marginal enterprise: The business must generate more than a minimal living for the investor. USCIS looks for real economic impact and growth potential beyond mere survival income.
6- Intent to depart: You must demonstrate that you do not intend to remain in the United States permanently beyond your visa period.

The E-1 Treaty Trader Visa

What It Is

The E-1 visa is for nationals of treaty countries who engage in substantial trade between the United States and their home country. Trade under this category includes goods, services, banking, insurance, transportation, tourism, technology, and other qualifying exchanges.

Who It Is For

The E-1 visa suits business owners and executives whose companies conduct a significant, continuous volume of trade between the U.S. and their treaty country. At least 50 percent of the total trade volume must be between the two countries for the applicant to qualify.

Key Benefits

Like the E-2, the E-1 visa is renewable indefinitely as long as the qualifying trade continues. Your spouse receives work authorization and your children under 21 may attend U.S. schools. The visa can be issued for up to two years at a time and extended in two-year increments without limit.

What USCIS Evaluates

Trade must be real and existing at the time of application. It must involve an actual exchange of goods or services, not simply a plan to begin trading. The trade must be substantial, meaning it involves numerous transactions in a continuous and ongoing flow rather than a single large deal. It must be primarily international in scope and conducted principally between the United States and the applicant’s treaty country.

Why the Right E-2 Visa Lawyer Makes the Difference

E-2 and E-1 applications are not forms to fill out. They are legal arguments built on documentation, financial records, and business plans that must collectively satisfy USCIS across multiple criteria simultaneously. A single weak link, an undocumented source of funds, a business plan that fails to address marginality, or an investment structure that looks like it could be recovered – can result in denial.

Grant Dwyer has helped hundreds of investors and entrepreneurs from across Latin America and around the world secure their E-2 visas. He brings the same strategic, rigorous approach that made him an undefeated trial attorney to every immigration case he handles.

Schedule a Consultation

We offer consultations in English and Spanish. Contact Grant Dwyer Law today to discuss your case and explore whether the E-2 or E-1 visa is the right path for you. Call (305) 215-7586 or contact us here.