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E-2 Treaty Investor Visa

E-2 Treaty Investor Visa Attorney
Orange County, California

For Korean and other treaty-country entrepreneurs investing in a U.S. business, the E-2 visa is one of the fastest routes to living and working in America. H&H Law guides investors through every step — in Korean and English — from its Santa Ana office.

Invest & Operate a U.S. Business

The E-2 Treaty Investor Visa

The E-2 lets a national of a treaty country — including South Korea — come to the United States to develop and direct a business in which they have invested a substantial amount of capital. It can be renewed indefinitely for as long as the business qualifies, making it a durable option for entrepreneurs and their families.

What the E-2 Requires

Treaty
Treaty-Country Nationality
The investor must be a national of a country that maintains a treaty of commerce with the United States. South Korea is a treaty country, so Korean nationals qualify.
Invest
Substantial Investment
A substantial, at-risk investment in a real, active commercial enterprise. There is no fixed minimum — the amount must be proportional to the cost of the business and enough to make it operational.
Control
Ownership & Control
The investor must own at least 50% of the enterprise or otherwise control it through a managerial position, and must be coming to the U.S. to develop and direct the business.
Real
Bona Fide Enterprise
The business must be a genuine, operating commercial enterprise — not idle or speculative — and must be more than marginal, meaning it has the capacity to generate more than a minimal living for the investor.

E-2 vs. EB-5 — Which Fits?

E-2
Treaty Investor (Nonimmigrant)
Lower investment, faster processing, and renewable indefinitely — but it is a temporary status, not a green card. Ideal for entrepreneurs who want to start operating a U.S. business quickly.
EB-5
Immigrant Investor (Green Card)
A direct path to permanent residence with a higher investment threshold. Best for investors whose priority is a green card for themselves and their family.
Staff
E-2 Employees
Executives, supervisors, and essential-skill employees who share the investor's nationality may also qualify for E-2 visas — useful for Korean companies bringing key staff to a U.S. operation.
Family
Spouse & Children
The E-2 investor's spouse and unmarried children under 21 can accompany them; spouses are generally eligible for work authorization in the United States.

E-2 for Korean Entrepreneurs

South Korea's treaty relationship with the United States makes the E-2 one of the most popular options for Korean business owners and investors. H&H Law helps Korean entrepreneurs structure a qualifying investment, prepare a business plan that meets consular expectations, and plan a long-term path — including a later transition to EB-5 or an employment-based green card. Every consultation is available in Korean with Austin Kim.

Common Questions

E-2 Treaty Investor FAQ

Answers by Austin Kim, J.D. · Updated August 2026

Yes. South Korea is a treaty country with the United States, so Korean nationals are eligible to apply for the E-2 Treaty Investor visa. H&H Law advises Korean entrepreneurs and business owners on E-2 applications in Korean and English from its Santa Ana, Orange County office.
There is no fixed statutory minimum. The investment must be "substantial" relative to the total cost of the business and enough to ensure the enterprise operates successfully. A smaller business requires a proportionally higher share of investment. Many E-2 investors qualify with investments in the low-to-mid six figures, depending on the type of business.
The E-2 is a nonimmigrant visa and does not lead directly to a green card. However, many E-2 investors later transition to permanent residence through EB-5 (immigrant investor), EB-1C (multinational manager), EB-2, or a family-based petition. H&H Law helps E-2 clients plan a long-term path to a green card from the start.
For Korean nationals, the E-2 visa is typically issued for up to five years, and each admission grants a two-year period of stay. The E-2 can be renewed indefinitely as long as the business continues to meet the requirements, making it a durable option for entrepreneurs who want to operate a U.S. business long term.
Yes. Executives, supervisors, and employees with essential skills who share the same nationality as the E-2 investor or company may qualify for E-2 employee visas. This makes the E-2 a practical way for a Korean company to bring key staff to its U.S. operation.
네. 한국은 미국과 통상항해조약을 맺은 조약국으로, 한국 국적자는 E-2 투자비자를 신청할 수 있습니다. H&H Law는 오렌지카운티 산타아나 사무실에서 오스틴 김(Austin Kim) 변호사가 한국어로 E-2 비자 상담을 직접 진행합니다.
E-2는 투자금이 상대적으로 적고 절차가 빠른 비이민 투자비자이지만 영주권은 아니며, 사업이 유지되는 한 갱신할 수 있습니다. EB-5는 영주권(그린카드)을 받는 투자이민으로 투자금 기준이 더 높습니다. H&H Law는 두 경로를 모두 상담하고 개인 상황에 맞는 전략을 안내해 드립니다.

Considering an E-2 Investment?

Book a free consultation with Austin Kim to discuss whether the E-2 Treaty Investor visa is right for you and your business.

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