How the E-2 visa works
The E-2 visa exists because the United States has treaties of commerce with certain countries, including Poland. Citizens of those countries can live in the U.S. to develop and direct a business in which they have invested. Unlike many work visas, you don't need a U.S. employer to sponsor you. Your own company does.
What makes an investment qualify
Consular officers look at several things together. The investment must be substantial relative to the total cost of the business, the funds must be at risk and committed to the business (not sitting in an account), the business must be a real, operating enterprise, and it must be more than marginal, meaning it should be able to do more than support you and your family. You must also be coming to develop and direct the business, typically by owning at least half of it or controlling its operations.
There's no official minimum amount. A smaller service business can qualify with less capital than a manufacturing or retail operation. What matters is the proportion and the plan.
Source of funds
You'll need to show that the invested capital came from lawful sources, such as savings, the sale of property or business income. Gathering this evidence early avoids delays, and we tell you exactly what to collect.
Applying from Poland or from inside the U.S.
Most applicants apply for the E-2 visa at a U.S. consulate, for Polish citizens usually the U.S. Embassy in Warsaw. If you're already in the U.S. in another valid status, a change of status through USCIS may be possible, though it has different travel implications. We recommend the right path for your situation.
Your family
Your spouse and unmarried children under 21 can come with you. Spouses of E-2 investors may work in the U.S., and children can attend school. The E-2 can be renewed for as long as the business continues to meet the requirements.
