Key takeaways
- Polish citizens are eligible for the E-2 treaty investor visa.
- The business must be at least 50% owned by Polish nationals (or nationals of the same treaty country).
- There is no fixed minimum investment, but it must be substantial, at risk and enough to make the business viable.
- Spouses may work in the U.S., and children under 21 can study.
- The E-2 is renewable but does not by itself lead to a green card.
For Polish entrepreneurs who want to live in the United States and run their own business there, the E-2 treaty investor visa is often the most direct route. It doesn't require a U.S. employer, a lottery or a job offer. Your own investment and your own company make the case.
Why Polish citizens qualify
The E-2 visa exists for citizens of countries that have a qualifying treaty of commerce with the United States. Poland is one of them. To use it, the U.S. business must be at least 50% owned by Polish nationals (or nationals of the same treaty country), and you must be coming to the U.S. to develop and direct the business, usually as an owner of at least half of it or in a role with operational control.
What counts as a qualifying investment
There is no minimum dollar figure in the law. Instead, consular officers look at several factors together:
- Substantial: the investment must be large relative to the total cost of buying or starting the business. A lower-cost service business can qualify with less capital than a retail or manufacturing business.
- At risk: the money must be committed to the business, for example spent on equipment, leases, inventory or acquisition costs, not just sitting in a bank account.
- Real and operating: the business must be an active commercial enterprise, not a passive investment such as undeveloped land or a stock portfolio.
- Not marginal: the business should be able to generate more than a minimal living for you and your family, or have a clear plan to make an economic impact.
You'll also need to document the lawful source of the invested funds, such as savings, the sale of property or business income.
The process, step by step
- Assessment: confirm that your nationality, ownership structure and business idea fit the E-2.
- Company formation: set up the U.S. company that will receive the investment, often an LLC or a corporation.
- Investment: commit the funds, for example by signing a lease, buying equipment or acquiring an existing business.
- Business plan and evidence: document the investment, the source of funds and a credible plan for the business.
- Application and interview: for most Polish applicants, at the U.S. Embassy in Warsaw.
Your family
Your spouse and unmarried children under 21 can accompany you in E-2 status. Spouses of E-2 investors may work in the U.S., and children can attend school.
What the E-2 is not
The E-2 is a nonimmigrant visa. It can be renewed for as long as the business continues to qualify, but it does not by itself lead to a green card. If permanent residence is your long-term goal, plan for it from the start.
Talk it through
Every E-2 case depends on the specific business and investment. Totu Legal handles the company setup and the visa application together, with an attorney licensed in both California and Poland. See our E-2 visa service or book a free 15-minute case evaluation.
