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Temporary status — The bridge

E-2 — Treaty Investor

Renewable without limit, and honest about what it is not: by itself, the E-2 does not lead to a green card.

Nationality comes first, and it is not negotiable

The E-2 exists only for nationals of countries that hold a qualifying treaty with the United States. No amount of capital substitutes for it, and the list is maintained by the Department of State, not by USCIS.

Brazil is not on that list. This matters here because it is the single most common disappointment in this category among the people who write to us — a viable business, enough capital, and no treaty. Some people reach the E-2 through a second nationality; that is a question for the attorney, and it has to be real nationality, not residence.

Substantial has no number, and marginal has a definition

There is no minimum investment in the regulation. Substantial is proportional: it is weighed against the total cost of buying or creating the enterprise, so a lower-cost business requires a proportionally higher share of its cost to be invested. The money also has to be at risk and irrevocably committed — funds sitting in an account are not an investment.

Marginality is where otherwise good cases fail. 8 CFR 214.2(e)(15) calls an enterprise marginal when it does not have the present or future capacity to generate more than a minimal living for the investor and family. A new business can rely on reaching that capacity within five years, which means the projections are evidence and will be read as evidence.

The honest limitation

The E-2 renews indefinitely, which sounds like permanence and is not. It is non-immigrant status: it carries no path to a green card, the renewals depend on the business continuing to qualify, and the status ends if the business does.

People who want both usually need two plans running in parallel — the E-2 for presence and operation, and a separate permanent route on its own merits. Which permanent route, if any, fits a given record is exactly what the free assessment reads.

Common questions

Questions people actually ask

Is Brazil an E-2 treaty country?

No. Brazil has no qualifying treaty for E-2 purposes, so Brazilian nationality alone does not open this category — regardless of the size of the investment. A second nationality from a treaty country can, and that is a question of actual citizenship, not of residence or of where the money comes from.

How much do I need to invest?

The regulation sets no figure, and anyone quoting you a universal number is giving you a rule that does not exist. What matters is the proportion between the investment and the real cost of the enterprise, whether the funds are irrevocably committed and at risk, and whether the business can do more than support your family.

Can the E-2 become a green card?

Not on its own. It is a non-immigrant category with no built-in permanent route. An E-2 holder who later qualifies for a permanent category gets there on that category's merits, and the two processes are planned separately.

Find out where your record stands

The assessment is free and reads your record against the standard USCIS applies. You get a written answer — including when the answer is that this is not your pathway yet.

Start the free assessment