Our London office (Holborn Gate, 330 High Holborn, London, WC1V 7QH) regularly advises entrepreneurs and international clients on US investor routes from the perspective of England and Wales. The E‑2 Treaty Investor visa is a non‑immigrant route intended for nationals of countries that have a qualifying treaty of commerce and navigation with the United States. Important factual threshold: E‑2 eligibility is tied to nationality. Nationals of countries that do not appear on the US treaty list are not eligible for E‑2 status unless they also possess the nationality of a qualifying treaty country.

Core eligibility requirements

To qualify for E‑2 status an applicant must, among other things:

• Be a national of a US treaty country.
• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide US enterprise.
• Be seeking entry solely to develop and direct the investment enterprise, typically shown by owning at least 50% of the business or holding an executive/managerial role.
• Show that the investment funds are at risk and were obtained through lawful means.

The regulatory standards are set out in 8 CFR 214.2(e) and in US Department of State guidance on nonimmigrant visas. The term “substantial” is comparative to the cost of the business; there is no fixed minimum dollar figure.

Practical considerations for nationals without treaty nationality

If you hold only Bangladeshi nationality (or another non‑treaty nationality), you will not be eligible for E‑2 unless you also hold citizenship of a treaty country. Options frequently explored include:

• Acquiring qualifying nationality through descent or naturalisation where lawful and practical; eligibility for E‑2 then depends on documentary proof of that nationality.
• Alternative US pathways such as the EB‑5 immigrant investor programme (where capital thresholds and requirements differ), L‑1 intra‑company transfer (where you can demonstrate qualifying employment and a US affiliate/subsidiary), or other non‑immigrant visas depending on the circumstances.
• Using legal and tax planning to determine the best route for business operations in the US without creating immigration risk—this often requires cross‑border corporate structuring advice.

Preparing an E‑2 application — practical checklist

1. Confirm treaty nationality: provide passport copies demonstrating qualifying nationality.
2. Business plan: realistic, sector‑specific projections and staffing schedules demonstrating non‑marginality.
3. Evidence of investment: bank transfers, escrow agreements, asset purchases, loan documents and evidence funds are irrevocably committed and at risk.
4. Corporate documentation: formation documents, shareholder agreements, lease/contracts and organisational charts.
5. Proof of lawful source of funds: sale agreements, investment liquidation records, inheritance, or other verifiable sources.
6. Personal documentation: CV, proof of managerial qualifications, and statements of intent to develop and direct the enterprise.
7. Consular interview preparation: ensure alignment between submitted documentation and oral evidence to the consular officer.

Jurisdiction and sources

• U.S. Citizenship and Immigration Services (USCIS) — E‑2 treaties and guidance
• Electronic Code of Federal Regulations — 8 CFR 214.2(e)
• U.S. Department of State — Nonimmigrant visa information and consular processing guidance
• U.S. Embassies and Consulates — country‑specific visa appointment and procedural pages

If you are based in England and Wales and considering US investment routes, it is advisable to assess nationality status and long‑term business objectives before committing capital. Cross‑border immigration and corporate planning are fact‑specific; early advice reduces the risk of wasted expense and offers clearer strategic options.

General information only; not legal advice and not a substitute for advice on a particular matter.