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E2 Visa Lawyer


Law Offices Of Alex T. Barak, P.A.


E-2 Visa attorney with 40+ years’ experience, serving you wherever you are

Why Choose Law Offices of Alex T. Barak, P.A. for an E-2 Visa?

Delivering Results For Immigrants Since 1981

My name is Alex Barak and I am a licensed and experienced business and investment-based visa lawyer for the E-2, L-1, TN visas, as well as other visas, and I have helped numerous foreign nationals qualify for smooth entry into the U.S. With 40 years of licensed experience as an immigration lawyer for investors and entrepreneurs, I can freely tell you of wide interest of increasing numbers of people from all over the world in the E-2 Visa investor visa, and other visas. Not all countries have the E-2 investor visa. Check here:  

I combine my knowledge and experience in both business and immigration law to guide you through the process of obtaining an E-2 investor visa, advise you on how to meet the treaty investor visa requirements, guide you as to the documents required, assist you with your visa application, and prepare you for your interview if processing overseas. I personally help you design and execute a successful U.S. immigration strategy.

Alex Barak main office
Alex Barak Immigration Lawyer

More and more people are interested in investing within the United States. Business visas are gaining importance today because, in our global society, domestic business networks are no longer confined to a single country. One of the most popular business visas today is the E-2 visa. Many business owners who are new to the E-2 visa choose to hire a legal professional so that the application goes through successfully. Alex T. Barak, an E-2 Visa lawyer in Florida, has the necessary experience and legal skills, along with personalized service, to ensure that your E-2 visa application process goes smoothly.

• Experienced  and successful E-2 Visa Immigration attorney – for 40+ years – at your service

• Personalized legal work from the attorney himself

• Attention is given to all details. Thorough presentations are made here in our office

• The attorney is a professional level writer and his writing skills give you the edge and make all the difference in the world


Invest in a new business or buy an existing one and have a great life in America, where unlimited extensions of the E-2 visa are possible.

What Is An E-2 Visa?
E-2 Visa Requirements

What Is An E-2 Visa?

An E-2 business visa allows the visa holder to move to the United States for the purpose of owning and running a legit business. If you are a national of an E-2 Treaty Country, you can use the E-2 Treaty Investor Visa program to move to the U.S. with your spouse and dependent children to invest in business operations. This may be a new business you start, but it could also be an established business that you acquire or decide to franchise. 

E-2 Investor Visa advantages:

Relatively fast processing times

✔ Relatively low investment expectations
✔ Ability to travel freely to and from the United States
✔ Unlimited extensions as long as you maintain valid E2 status
✔ Ability for a spouse to work in the US
✔ Option to purchase a business or business franchise

✔ You may buy real estate in the United States
✔ Your kids under 21 years of age can study in the U.S

✔ Potential tax benefits over permanent residents
✔ Ability to transition to a Green Card at a later stage

How do I obtain an E-2 Visa?

America offers investors a certain type of immigration benefits. Firstly, many countries in the world have a special arrangement with America for the E-2 visa, which allows a person who opens up a business in the U.S. and places about $100,000.00 at risk to have the opportunity to have an investor visa, which can be valid and renewed indefinitely, as long as the business remains operational. The spouse and children under 21 also receive an E-2 visa. The spouse now has the right to work and to receive a Social Security number without a work permit.

This visa has no direct path to a green card, but proper structuring and maintaining a multinational corporate structure can lead to a green card under the multinational executive/manager category. Not every country is on the E-2 visa list, so please check with your immigration attorney by calling (954) 961-6200 for a free telephone consultation. If you are from Canada, go to the Canadian tab.

Investor Visa Application
How do I obtain an E-2 Visa?
E-2 Visa Questionnaire

Do You Want To Apply For An E-2 or L-1 Visa?



Do you want to buy an existing American business or to open your own business that where you will be the salaried general manager and you will have at least two full-time American workers employees on your payroll before the end of the first year?


Are you interested in obtaining a five year work visa that will also allow your spouse to work permit and allow him/her to work wherever he/she wants?


Are you interested in obtaining a five year work visa that can be issued for five years to start and can have unlimited extensions as long as you keep running the company successfully and have no fewer than two other full-time employees who receive a salary from your company?


Do you own a company right now which is operating with 10 or more full-time salaried employees? This information is necessary to see if you may qualify for other categories of immigration.


Do you have $100,000.00 or more to place at risk by signing a multi-year lease for your business headquarters, buying office equipment and furniture, and ordering some merchandise?


Besides this financial commitment, do you have another $50,000.00 minimum in a bank account to show U.S. Immigration authorities that you are not an average person trying to earn a personal income in the USA?


Did you know you can use personal inheritances and gifts from family members to disclose your personal wealth? You need to prove where your money came from, the true source of the funds.


If a grandparent left you USD$500,000 cash or land worth that much which you sold, that is a good way of proving the source of funds. Same as to you selling your own real estate, gaining large profits from private investments.


Are you completely clean in your history, with no criminal cases?


Have you ever overstayed a tourist visa in the USA?


Have you ever been denied any USA visa?


Can you show a net worth of at least $300,000.00 (USD) which can include real estate equity, investments, cash in a bank, ownership of a business, retirement fund, annuities, stocks in publicly traded companies?

E-2 Investment Visa.jpg

E-2 Visa Requirements:

  • The investor is a national of a country with whom the U.S. has the requisite treaty or agreement

  • The alien (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise) will direct or develop the enterprise. The alien must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;

  • The investor has invested in or is actively in the process of investing in the enterprise;

  • The investment is substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;

  • The investment enterprise is not a marginal enterprise;

  • If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.

  • That the applicant intends to depart the U.S. upon the expiration of E-2 status

  • The investor, either a real or corporate person, must be a national of a treaty country;

  • The applicant has invested or is in the process of investing

  • The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not allowed; and

  • The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;

  • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;

  • The investment may not be marginal. 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 applicant is in a position to “develop and direct” the enterprise.

E2 Treaty Investor Visa, E-2 Visa Lawyer
  • The client must have a comprehensive business plan. Alex Barak has access to an independent and excellent business plan writer who has very reasonable prices to assist the client by writing excellent five-year business plans. Alex Barak has been practicing as an E-2 Visa Attorney in Hollywood for the last 40 years, serving clients from all over the world. ​

  • In addition to the above, the applicant must provide a document-linked history of the funds to provide clear and unquestionable proof of the money’s legal sources. Tax returns, income statements, bank account statements, brokerage account statements can be used for this purpose. Inheritances and gifts from family members are acceptable sources of funds. Make sure you discuss all this with your E-2 Visa lawyer, Alex Barak.

  • Most Europeans enter the U.S. on the Visa waiver program which allows each person up to 90 days on each visit. However, this status is not convertible to any work visa. Because of this, anyone from France and most Europeans seeking an E-2 visa will be applying at the U.S. Embassy in the home country for an appointment specifically for an E-2 visa interview. For persons who may hold second passports or who operate a business in another country, that country’s U.S. Embassy can also be used. Alex Barak will direct you with every step in your E-2 visa status. He has been practicing as an E-2 Visa Attorney for 40+ years.

  • Client and family members will have to complete the online Department of State forms and to pay online Non-Immigrant Visa (NIV) fees. Make sure you discuss the entire process with us for complete guidance at every step.

  • The client will cooperate with the attorney and gather and assemble all documents needed for this category. The attorney will prepare and send in advance a comprehensive presentation which will be thoroughly reviewed and inspected by a Non-Immigrant Visa/E-2 specialist. The attorney will communicate with the U.S. Embassy/Consulate, as necessary, to discuss and conclude the client’s intended successful process.

  • The client at the interview is usually told that the E-2 visa is approved and the passports are then delivered within a  few days.

  • The E-2 visa can be issued initially for five years to citizens of most countries, including Canada, although some are for only two years, and can be renewed indefinitely as long as the business continues to be actively operated in full compliance with American laws. 

  • The E-2 regulations require the applicant to have an “intention” to return to his home country. This intent must be placed into writing. The applicant can never state he/she intends to live in the USA permanently.

  • When comparing an E-2 visa to an L-1, the E-2 provides up to five years to start. A new business opened in the U.S. as a subsidiary will provide only a one-year L-1A visa to start, with the ability to obtain up to three two-year extensions. Each extension requires a high quantity of documents and the U.S. is seeking to ensure the subsidiary has at least five persons on the full-time payroll of the company by the end of the first year.

  • With an E-2, one has up to five years before seeking an extension and there is no requirement of absolutely having at least five persons on the full-time payroll. The owner and two full-time W-2 employees are required. Contact us for more information.

E-2 Visa Requirements
E2 Visa Lawyer

Check out actual client testimonials who have been approved for E-2 Visa cases through Alex Barak's perfectionist legal work.

E-2 Visa Client Reviews

I needed the E-2 visa to open my business in Hollywood, Florida. My brother Eli said there was only one Immigration and business attorney to choose, as he was successful in  5 consecutive Immigration and business cases with him.


Alex Barak is the perfectionist supreme, a legal magician. His name on a case means so much. My case was approved in five days! Alex Barak is the king of Immigration. He rules the Immigration world.

Read full review >>

Erez A.

E-2 Visa Reviews

E-2 Visa Frequently Asked Questions 

  • Do I have to start a new business or can I purchase an existing one?
    You may purchase an existing U.S. business or establish a new one to be able to qualify.
  • Does the investment have to be made before applying?
    The law requires that the funds be at risk. Thus, generally, the investment must be committed, and the funds are either spent/paid, legally obligated to be paid or held in an irrevocable escrow account, to be released upon E-2 visa approval or returned to an investor if denied. In addition, the company bank account must also be well-funded to show the investor has funds to operate the business at the beginning when cash flow and profits are unlikely. Although a reasonable amount of funds may be considered when placed in an operating account, the rest of the investment should be made by the time the E-2 visa application is filed.
  • Which countries qualify for E2 Visas?
    Although this list is subject to change, the State Department provides that foreign nationals from this list of countries are eligible to qualify to obtain an E-2 Visa.
  • What types of capital can make up the investment?
    The only money that is personally at risk can make up for the investment. As such, the following will generally qualify: Cash reserves placed in a business account-- with evidence of source of income—but this does not count against the $100,00.00 needed to be at risk); Loans secured by the investor’s own assets, such as a mortgage on real property; Unsecured loans Equipment, Inventory, or Property contributed to the business by the investor. Gifted money from family Inheritance money from family All funds’ sources and trails of the same must be shown. Non-qualifying investments can be the following: Mortgage debt or other loans secured by the enterprise assets; Loans for which the lender has recourse against the business Cash not held in reserve by the corporation, such as cash held in personal bank accounts.
  • Do I need to own the company by myself, or can I have partners?"
    The principal investor from the treaty country must control the investment. Generally, ownership of more than 50% of the business establishes control by the investor.
  • Can I have partners or am I required to own the business myself?
    The principal investor from the treaty country must control the investment. Generally, ownership of more than 50% of the business establishes control by the investor.
  • Can I qualify by buying land or an inactive business, or does the business have to be active?"
    The regulations require that the business be an active operating enterprise. The purchase of undeveloped land, personal homes, or idle investments alone do not qualify. The E-2 Government Officer reviewing your case will also require that the business have physical premises secured through a lease or purchase of a commercial office/store/warehouse space to operate the business.
  • If I have an E-2 as an investor, can I bring my employees to the United States?"
    E-2 visas can also be granted to employees of foreign companies who will work in the E-2 business in either a supervisory, executive or highly specialized capacity. Skilled and unskilled workers are not eligible. A L-1 visa may be the best option in some cases when employers want to transfer employees to the United States.
  • Is it possible to obtain a green card through an E2 Visa?
    The E-2 Visa cannot be used to obtain lawful permanent residence. However, it is possible to use the E-2 as a vehicle to maintain legal status while applying for a green card through other methods. This usually involves the presence of a parent company and creatively using the L-1 visa and green card category of multi-national managers to qualified business profiles.
  • What is a “substantial investment”?
    One of the essential conditions to obtain an E-2 visa is showing that the foreign national has made a “substantial investment” into either an existing or new business in the U.S. When determining whether an investment is substantial, no definitive standard can be applied. But, $100,000.00 or more in a new business enterprise which sum is the entire investment, or a 100% purchase of an existing business for this sum or more will qualify. But investing $1000,000.00 in a 1 million dollar company would not be eligible, as the investor will not be the majority owner. In other words, there is no minimum dollar amount under the law; instead, the government uses elaborate tests to determine whether the investment is substantial. Generally, to meet the substantiality test, a business must establish one of the following: The investment must be proportional to the total value of the particular enterprise in question (a test usually applied to investment in existing businesses); or The investment must be an amount typically considered necessary to establish a viable enterprise of the type contemplated (usually applied to new businesses).
E2 Visa FAQ
E2 Visa Lawyer

Contact an experienced E-2 investor visa lawyer, Alex T. Barak can help you today.

A substantial part of our practice focuses on assisting business owners and investors with E-1, E-2, L-1, and EB-5 visas. Please feel free to contact our E-visa team with any additional questions you may have.

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