The E-2 visa allows a national of a treaty country, including Poland, to run a U.S. business in which they have invested substantial capital. At least half of the business must be owned by nationals of that country, the funds must be genuinely committed, and the enterprise must actually operate. Stay is granted for periods of up to two years, with extensions available.
A restaurant in Greenpoint, a renovation company in New Jersey, a repair shop, an online store with Polish products — many Polish-American businesses started with an idea and savings brought from Poland. For an entrepreneur who wants to run a company in the U.S. personally, not just invest in it, one possible route is the E-2 investor visa, based on the trade treaty between the United States and Poland.
The law office of attorney Przemysław Jan Bloch welcomes E-2 clients who — as the firm’s website puts it — have a good business idea, a business plan built on it and an appropriate financial contribution. Below we describe the conditions that must be met, what determines the size of the investment and what the situation of the investor’s family looks like.
What conditions must be met to obtain an E-2 visa?
The basic condition concerns nationality. The investor must be a national of a country with which the U.S. has the appropriate treaty — Poland is one of them. According to the U.S. Department of State, the enterprise itself must also meet the nationality test: at least 50 percent of the business must be owned by persons with the treaty country’s nationality. A person who holds both Polish and U.S. citizenship requires a separate analysis.
The second condition is the investment — substantial and genuinely committed. The Department of State stresses that uncommitted or revocable funds, such as money sitting in a bank account, are generally not considered an investment. The money should already be spent or irrevocably committed to the business: equipment, fitting out premises, inventory, rent, hiring. Its source must also be documented.
The third condition concerns the enterprise itself and the investor’s role. The business must be a real and operating commercial enterprise that generates more than a living for the investor and their family, or has a significant economic impact in the U.S. The investor comes to develop and direct the business. Managers and employees with essential, specialized skills may also receive an E-2 visa if they hold the treaty country’s nationality.
The application can be filed in two ways. People living in Poland file at a consulate — in practice, the U.S. Embassy in Warsaw — and attend an interview where the officer assesses the business and the documents. People who are already lawfully in the U.S. on another visa may in some situations apply to USCIS for a change of status to E-2. A change of status does not, however, place a visa in the passport, so after leaving the U.S. the consular procedure will still have to be completed.
How much must be invested, and what determines the costs?
The regulations do not set a single minimum amount. 8 CFR 214.2(e) describes “substantial capital” as an amount proportional to the cost of purchasing or establishing the particular enterprise, sufficient to ensure the investor’s commitment and a real likelihood of the business’s success. The rule is: the lower the cost of the enterprise, the higher, proportionately, the investment must be.
In practice this means that one amount may be sufficient for a small service business and another for buying an existing restaurant or wholesale operation. The assessment always concerns a specific business plan: start-up costs, projections, hiring plans and what share of the required capital comes from the investor.
The costs of the case include preparing the business plan, documenting the source of funds, consular or government fees and the law firm’s fee. The amount depends on the scale of the venture and on whether the application is filed at a consulate or — for people already in the U.S. — with USCIS.
Time is a separate factor. At the application stage, the business should be advanced enough for the officer to see a real venture — a signed lease, purchased equipment, a registered company. This means part of the money is spent before the visa decision is made. That is why it is worth planning the order of steps so that the risk is reasonable and the documentation complete.
Let’s talk about your business idea in Polish: 718-522-6773
The investor’s family and life in New York on an E-2 visa
A spouse and unmarried children under 21 may obtain visas allowing them to live in the U.S. together. An important change concerns spouses’ employment: since November 2021, USCIS has considered spouses of E-2 visa holders employment authorized incident to status, and since January 30, 2022, a Form I-94 annotated E-2S can serve as evidence of that authorization. Children can attend school without a separate student visa.
The investor is admitted for up to two years, and extensions are granted in increments of up to two years as well. Status can be extended as long as the business operates and meets the requirements. The E-2 is, however, a nonimmigrant visa: the investor must intend to depart the U.S. when the status ends, and the E-2 itself does not automatically lead to a green card. If permanent residence is the goal, it is worth analyzing other paths in parallel, described for example in the guide on PERM employment sponsorship.
New York and its surroundings are a market where a Polish-American entrepreneur has an advantage: they know the language and the needs of customers in Greenpoint, Ridgewood, Maspeth or Wallington, while being able to sell more broadly. An E-2 business plan should, however, rest on real data — rent costs in a specific neighborhood, required city and state licenses, and a hiring plan.
How to prepare for your first consultation at the law office
- A description of the venture. What the company will do, where it will operate, whether it is a new business or the purchase of an existing one. Even a few pages of notes make it possible to judge whether the E-2 is the right route.
- Information about the capital and its source. Where the funds come from: savings, the sale of property in Poland, business profits. The source of the money must be documented.
- A preliminary budget. An estimate of start-up costs: premises, equipment, inventory, licenses, first salaries. This is the basis for assessing whether the investment will be “substantial” relative to the cost of the venture.
- Identity and civil status documents. Polish passports of all family members, marriage certificate, children’s birth certificates. The Department of State requires a marriage certificate because it does not recognize de facto relationships.
- Your history of stay in the U.S. If you are already in the United States, dates of entry and information about your current status will be needed.
Przemysław Jan Bloch, P.C. of Brooklyn has handled immigration cases since 1998 — see the firm’s profile and other matters it handles.
The most common mistakes in E-2 applications
The first mistake is an investment “on paper” — money in an account without actual spending on the business. The second is a so-called marginal enterprise, designed only to support the investor. The third is missing documentation of the source of funds, especially when the capital has passed through various accounts in Poland and the U.S. over the years.
Another frequent problem is a mismatch between the business plan and reality: hiring projections with no basis, premises leased for a purpose other than the one declared, missing required licenses. The consular officer assesses the business as a whole, so every element should fit together.
The last mistake is treating the E-2 like a green card. Investor status lasts as long as the business operates and the visa conditions are met. Selling the business, closing it or Polish nationals losing majority ownership can mean losing the basis for staying — for both the investor and the family. When planning a future in the U.S., this is worth keeping in mind from day one.
The E-2 visa is a solution for people who want to build a company in the U.S., not just work in one. It requires solid preparation, but for Polish entrepreneurs — thanks to the trade treaty — it is a real opportunity to do business in America.
Before you sign a lease or buy a business, it is worth checking whether the investment will meet E-2 requirements. Schedule a consultation with Przemysław Jan Bloch, P.C.: 718-522-6773
Every case requires an individual assessment — please contact Przemysław Jan Bloch, P.C. about your situation. This guide is for informational purposes only and does not constitute legal advice.
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