Investing in the USA Without an E-2 Visa: Investing in the United States can offer an opportunity to expand a business and build a family’s future. Having available capital, however, does not mean that every business qualifies for an immigration pathway. Before buying a franchise, forming a company, or transferring funds, entrepreneurs should understand which option fits their nationality, experience, and proposed venture.
For Colombian and Venezuelan entrepreneurs, one distinction matters immediately: Colombia has a qualifying E-2 treaty with the United States; Venezuela does not. Colombian citizens can therefore evaluate E-2 eligibility directly. Venezuelans who hold only Venezuelan citizenship must consider other routes. Both groups have legitimate options, but no investment or immigration strategy guarantees approval.
Colombia and Venezuela face different eligibility rules
The E-2 category allows eligible nationals of treaty countries to invest a substantial amount in a U.S. enterprise and develop and direct its operations. Qualifying nationality is only the starting point. Applicants must also establish the lawful source of their funds, an investment committed and exposed to commercial risk, and a real business that is not marginal.
There is no universal minimum investment for an E-2 application. Whether an amount is substantial depends partly on the cost and nature of the enterprise. Buying a home for personal use or simply leaving money in a bank account does not independently satisfy the requirements. E-2 is also a temporary category and does not automatically provide a Green Card.
A second nationality may provide access to E-2
A Venezuelan entrepreneur who also holds citizenship in an eligible country, such as Spain or Italy, may explore an E-2 application based on that nationality. Living in a treaty country or holding its residence permit is not the same as being its citizen.
The application must document the nationality used and a business ownership structure consistent with E-2 rules. A second passport does not remove the need to establish a qualifying investment, control of the enterprise, and a viable business.
If citizenship of the treaty country was acquired through financial investment, the person must demonstrate that they were domiciled in that country for at least three continuous years before submitting the E-2 application, in accordance with the applicable rules.
Naturalization abroad as a long-term strategy
For someone without a second nationality, naturalization in an eligible country may be a long-term option. The first step is identifying a lawful residence pathway and understanding that country’s citizenship requirements. These may involve residence periods, actual presence, background checks, and language or integration requirements.
Rules differ by country and can change. Spanish or Italian ancestry does not automatically establish eligibility for citizenship. An individual assessment of the applicable nationality laws is necessary.
This strategy also requires considering living expenses abroad, tax obligations, and processing times. E-2 eligibility can be assessed once the relevant citizenship has been obtained. Naturalization should not be marketed as a quick administrative step or a guaranteed route into the United States.
EB-5 for entrepreneurs able to invest more
The EB-5 category offers a pathway toward permanent residence without requiring citizenship in an E-2 treaty country. As of October 2026, the investment minimum is generally US$1,050,000, or US$800,000 for an eligible targeted employment area or a qualifying infrastructure project.These amounts are subject to adjustments, including the adjustment scheduled for January 2027.
Investors must document the lawful source and movement of their capital and satisfy the requirement to create at least ten full-time jobs for qualifying workers. The investment must remain at risk. An arrangement guaranteeing repayment may conflict with the program’s requirements.
Immigration review should be accompanied by independent financial due diligence. USCIS approval of a regional center does not guarantee that an individual project will be profitable or that an investor’s petition will be approved.
EB-2 NIW for endeavors with national importance
EB-2 with a National Interest Waiver may allow entrepreneurs to self-petition for permanent residence without a job offer or labor certification. They must first qualify for EB-2 as advanced-degree professionals or individuals with exceptional ability.
They must then establish that the proposed endeavor has substantial merit and national importance; that they are well positioned to advance it; and that, on balance, waiving the job offer and labor certification requirements would benefit the United States.
Opening a profitable business is not enough. The evidence must explain the endeavor’s broader significance beyond ordinary benefits to its owner or customers. A business plan, prior achievements, contracts, and independent supporting evidence can help establish the case.There is no fixed investment threshold, but NIW should not be treated as a low-cost investor visa.
L-1 for expanding an existing business
The L-1 category supports transfers between related companies. L-1A covers executives and managers, while L-1B covers employees with specialized knowledge. Generally, the individual must have completed one continuous year of qualifying employment abroad within the relevant three-year period.
A qualifying company may establish a U.S. office, provided the corporate relationship is valid and business operations continue in the United States and another country. Registering a foreign company alone is insufficient. A new L-1A office must demonstrate that it can support a managerial or executive position within its first year.
Plan your immigration strategy before investing
The appropriate route depends on available capital, professional experience, company structure, and family goals. Forming a U.S. LLC does not itself authorize someone to live or work in the country.
At AnaMaria Rivera Law Firm, LLC, we can assess these factors and help identify a pathway suited to your circumstances. Learn more through our E-2 visa page or request an evaluation through our contact page. Planning before committing funds helps entrepreneurs make better-informed decisions about their business and immigration future