E-2 Visa Lawyer Florida | Treaty Investor | Fitenko Law

E-2 visa lawyer in Florida — treaty investor visa for entrepreneurs. Business plans, source of funds, renewals. Flat-fee. Bilingual EN/RU. (305) 315-3425.

E-2 Visa Lawyer Serving Florida — Treaty Investor Attorney

Quick answer: The E-2 Treaty Investor Visa allows foreign nationals from qualifying treaty countries to enter and work in the United States by making a substantial investment in a U.S. business. Fitenko Law is a Florida immigration law firm specializing in E-2 visas — from initial business structuring and source-of-funds documentation through consular interview, two-year renewals, and the strategic transition from E-2 to a green card (EB-5, EB-1C, EB-2 NIW, or EB-1A). Bilingual EN/RU representation. Last updated 2026-05-16.

What Is the E-2 Treaty Investor Visa?

The E-2 visa is a U.S. nonimmigrant classification permitting citizens of countries with which the United States maintains a treaty of commerce and navigation to be admitted when investing a substantial amount of capital in a U.S. business. Unlike the EB-5 visa (which requires $800,000-$1,050,000 and grants a green card), E-2 has no statutory minimum investment and grants only nonimmigrant status — but with indefinite two-year renewals and the strategic flexibility to operate the business actively.

Key Benefits

E-2 Treaty Countries (Partial List)

The E-2 visa is available only to citizens of qualifying treaty countries. Major treaty nations include:

Europe: United Kingdom, Germany, France, Italy, Spain, Netherlands, Belgium, Switzerland, Austria, Norway, Sweden, Denmark, Finland, Ireland, Greece, Poland, Czech Republic, Slovakia, Hungary, Romania, Bulgaria, Croatia, Slovenia, Serbia, Latvia, Estonia, Lithuania, Ukraine, Turkey.

Americas: Canada, Mexico, Argentina, Chile, Colombia, Costa Rica, Honduras, Panama, Paraguay, Ecuador, Suriname, Grenada, Jamaica, Trinidad & Tobago.

Asia & Pacific: Japan, South Korea, Philippines, Singapore, Thailand, Taiwan, Australia, New Zealand.

Middle East & Africa: Israel (with limited scope), Jordan, Egypt, Bahrain, Oman, Senegal, Togo, Ethiopia, Liberia.

Notable non-treaty countries: Russia, China, India, Brazil, Vietnam, South Africa. Citizens of non-treaty countries often acquire a treaty-country second passport (Grenada, Turkey, etc.) before pursuing E-2.

The Five Pillars of E-2 Eligibility

1. Treaty Country Nationality

You must hold citizenship of a qualifying treaty country. Dual citizens may apply with the treaty-country passport.

2. Substantial Investment

The investment must be substantial relative to the total cost of the business. There is no statutory minimum, but for most service businesses, Fitenko Law recommends $100,000-$150,000 to remain in the safe zone of consular adjudication.

3. "At Risk" Capital

Funds must be irrevocably committed to the business — already spent on leases, equipment, inventory, marketing, and operating expenses. Capital sitting in a business bank account is not "at risk." We commonly use escrow agreements where purchase funds are released only upon visa approval, satisfying the "at risk" standard while protecting the investor.

4. Real and Operating Enterprise

The business must be a genuine, active commercial undertaking producing goods or services for profit. Passive real estate, idle investments, and shell companies do not qualify.

5. Non-Marginal

The enterprise must have capacity to generate more than minimal income for the investor's family — typically demonstrated through a business plan with a five-year hiring schedule and projected staff growth.

E-2 Visa Lawyer Fees in Florida

Fitenko Law's flat fees for E-2 representation in Florida:

Government fees: DS-160 fee $315 per applicant; reciprocity fee varies by nationality (some countries $0, others up to $4,440 for Mexican nationals).

Frequently Asked Questions About the E-2 Visa

How long does the E-2 visa take to obtain?

Typically 3-8 months from engagement letter to consular interview, depending on the consulate's backlog and case complexity. Premium processing is not available for consular E-2 applications, but change-of-status E-2 filings inside the U.S. with USCIS may use premium processing (15 business days).

Can I buy a home in Florida to qualify for E-2?

No. Passive real estate investment does not qualify. However, an active property management company that operates a portfolio of rental properties may qualify if it meets all other E-2 requirements.

What happens to my E-2 status if the business fails?

Your E-2 status is tied to the operating business. If the business ceases operations, you are no longer in status. Typical options: secure another visa category, transition to a different qualifying business, or depart the U.S.

Does the E-2 visa lead to a green card?

Not directly. The E-2 is nonimmigrant and does not automatically convert. However, many E-2 investors eventually transition to a green card through EB-5 (if capital permits), EB-1C (if the business has grown to support multinational manager classification), or EB-1A/EB-2 NIW (if the investor has extraordinary or national-interest credentials). See our E-2 vs EB-5 comparison.

What if my country is not on the treaty list?

The most common workaround is acquiring citizenship of a treaty country through a Citizenship-by-Investment program (Grenada, St. Kitts & Nevis, Antigua & Barbuda, Turkey) or by naturalization through eligible heritage or residence. We coordinate with reputable citizenship advisory firms when this strategy fits.

Can my spouse work in Florida on E-2 dependent status?

Yes. E-2 dependent spouses are automatically work-authorized incident to status — they may work for any U.S. employer, freelance, or start their own separate business in Florida.

How do you document source of funds for clients from Russia, Ukraine, or other Eastern European countries?

Source-of-funds documentation for clients from former Soviet states is a Fitenko Law specialty. We trace funds through bank statements (translated and authenticated), real estate sale documentation, business profits with corporate financials, gift letters with the donor's lawful source documented, inheritance with succession records, and crypto-to-fiat liquidation trails with exchange records. Bilingual representation removes friction throughout.

Do you offer E-2 consultations in Russian?

Yes. Attorney Ekaterina Fitenko is fluent in Russian. Many of our E-2 clients are Russian-speaking entrepreneurs using a treaty-country second passport.

Schedule Your E-2 Visa Consultation

Florida E-2 treaty investor visa lawyer. Bilingual EN/RU. Initial consultation with attorney Ekaterina Fitenko.

Schedule Now (305) 315-3425
Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com