The E-2 Treaty Investor visa provides Colombian entrepreneurs with a pathway to establish and operate businesses in the United States. At Colombo & Hurd, we’ve helped many Colombian nationals navigate this process. This guide covers everything you need to know about obtaining an E-2 visa from Colombia.

Colombia is one of more than 80 countries that have a treaty with the United States, making its citizens eligible for the E-2 visa. To qualify, you must make a substantial investment in a real, operating U.S. business. The investment must be fully committed and placed at risk.

The E-2 visa is a temporary, nonimmigrant visa and does not directly lead to a green card. However, it can be renewed as long as the business continues to operate and meet requirements.

What is an E-2 Treaty Investor Visa?

The E-2 visa is a nonimmigrant visa that permits nationals from treaty countries to enter the United States to develop and direct enterprises in which they have invested substantial capital. The visa requires active involvement in the business. Passive investments do not qualify.

The E-2 visa offers several advantages for Colombian entrepreneurs:

• No annual quota or lottery system
• Initial validity periods of up to 5 years for Colombian nationals, with two-year periods of stay granted per entry (renewable indefinitely as long as E-2 eligibility requirements continue to be met)
• Ability to bring spouse and unmarried children under 21 (children may attend school but are not authorized to work)
• Spouses may work for any U.S. employer once authorized, either as part of their status or through applying for a separate employment authorization document
• Faster processing compared to employment-based green cards and many other immigrant visa categories

E-2 Visa Requirements for Colombian Nationals

To qualify for an E-2 visa, Colombian applicants must meet specific criteria established by U.S. immigration law.

Nationality Requirement

You must be a Colombian citizen. Dual nationals can use their Colombian citizenship to qualify, even if they also hold citizenship from a non-treaty country. The investment enterprise must also be majority-owned (at least 50%) by Colombian nationals.

Substantial Investment

The investment must be substantial relative to the total cost of the business. There is no fixed minimum amount set by law, though many viable E-2 cases involve investments of $100,000 or more, depending on the type of business.

The investment must meet several criteria according to USCIS guidelines. The investment must be sufficient to ensure the successful operation of the enterprise and proportional to the total value of the business. It must also be at risk in the business and irrevocably committed to the enterprise.

Active Business Requirement

The enterprise must be a real, operating commercial entity. It cannot be a passive investment (such as a residential home, undeveloped land, or stocks), a marginal enterprise designed solely to provide income for the investor and family, or a speculative or idle investment. 

The business must generate significantly more income than just providing a living for you and your family, or have a significant economic impact through job creation.

Management and Control

You must be entering the United States to develop and direct the enterprise. Evidence includes ownership of at least 50% of the enterprise, operational control through a managerial position, authority to direct business operations, and power to make major business decisions.

Success Stories: Colombian Entrepreneurs with E-2 Visas

Through our work at Colombo & Hurd, we’ve seen Colombian entrepreneurs establish successful businesses across many industries. Here are a few examples that illustrate the diversity of E-2 opportunities.

Technology Consulting Firm

A Colombian software development professional invested $175,000 to establish a technology consulting firm in Miami. The business plan demonstrated projected contracts with Latin American companies seeking to expand to U.S. markets. Within the first year, the company hired 3 full-time employees and secured contracts worth over $400,000. The business served as a bridge between Colombian tech talent and U.S. clients, creating mutual economic benefit.

Restaurant and Catering Business

A Colombian chef with 15 years of restaurant management experience invested $280,000 to open a restaurant specializing in Colombian and Latin American cuisine in Orlando. The business plan showed detailed market analysis of the local demographic, financial projections based on comparable restaurants, and a hiring plan for 8-12 employees. The restaurant became profitable within 18 months and has since expanded to include a catering division.

Import-Export Company

A Colombian business owner invested $150,000 to establish an import-export company facilitating trade between Colombian manufacturers and U.S. retailers. The business plan demonstrated existing relationships with Colombian suppliers and preliminary agreements with U.S. distributors. The company created 4 jobs initially and has grown to employ 9 people, handling over $2 million in annual trade volume.

These examples illustrate that E-2 success depends on thorough planning, sufficient capitalization, and genuine commitment to actively managing the enterprise. Colombian entrepreneurs have successfully obtained E-2 visas across nearly every business sector, from technology and healthcare to manufacturing and professional services.

Common Challenges and How to Address Them

Colombian E-2 applicants frequently encounter specific obstacles. Understanding these helps you prepare effectively.

Demonstrating Substantiality of Investment

Challenge: In some cases, the investment amount for a business may require additional explanation to clearly demonstrate that it meets the E-2 substantiality requirement.

Solution: The proportionality test is critical. For example, if you’re purchasing an existing business for $150,000 and investing the full amount, your 100% commitment demonstrates that the investment is substantial. Purchasing an existing business or investing in a franchise can also simplify the substantiality analysis because the purchase price or franchise fee (plus startup and operating costs) provides a clear benchmark for the total cost of the enterprise. For new businesses, show detailed cost projections proving that your investment covers all necessary startup expenses with adequate working capital. In all cases, document how the invested amount is aligned with what is actually required to launch and operate the specific business model.

Proving Non-Marginality

Challenge: Consular officers must be convinced your business will do more than just support your family.

Solution: Your business plan should project either significant revenue or demonstrate job creation plans that show the enterprise will have a meaningful economic impact. Avoid treating specific income thresholds as fixed rules, since E-2 adjudicators evaluate marginality based on the totality of the evidence. Even small businesses can meet this standard by hiring employees within the first 2-3 years.

Source of Funds Documentation

Challenge: Clearly tracing the origin of investment capital can be complex, especially if funds come from multiple sources.

Solution: Prepare a detailed affidavit explaining how you accumulated the investment capital. Include supporting documentation such as:

• Colombian tax returns (Declaración de Renta) for recent years
• Employment records and salary statements
• Business ownership documentation
• Property sale records
• Gift or inheritance documentation with appropriate tax records

Balancing Business Startup with Visa Timeline

Challenge: You cannot work in the U.S. before receiving E-2 approval, but you need to invest before applying.

Solution: Use trusted representatives (attorneys, business consultants) to make necessary arrangements. You can travel to the U.S. on a tourist visa for limited business planning activities (like signing leases or opening bank accounts), but cannot engage in actual business operations until your E-2 is approved.

Investment Amount Guidelines for Colombian Applicants

While no statutory minimum exists, practical considerations shape investment requirements. The table below shows typical investment ranges for common business types, though E-2 visas are available for businesses across virtually all industries.

The proportionality test compares your investment to the total cost of either purchasing an existing business or establishing a new one. For example, a $150,000 investment in a $200,000 business (75%) could be considered substantial, while the same $150,000 investment in a $1 million enterprise (15%) may not be considered substantial, depending on the nature of the enterprise and total cost structure.

The E-2 Visa Application Process from Colombia

The application process involves multiple steps, from business planning through a consular interview. In practice, the process typically begins with strategy and documentation that develop together, and then transitions into the formal consular filing sequence leading to the interview.

Step 1: Develop a Comprehensive Business Plan

Your E-2 application begins with strategic business planning and case preparation, rather than drafting a document alone. This phase involves working with counsel to evaluate the business concept, investment structure, and overall E-2 strategy, while simultaneously preparing to document the source and transfer of investment funds.

As part of this process, a written business plan is developed as a key piece of supporting evidence. The business plan must demonstrate several core elements, including a detailed market analysis and overview of the competitive landscape, realistic financial projections covering at least five years, a job creation timeline and hiring plans, and a clear explanation of the business’s management structure and operational strategy. The plan must also provide evidence that the enterprise will generate income beyond merely supporting you and your family.

At the same time, this planning stage typically includes an early review of source-of-funds documentation and capital flow. We work with investors to ensure that both the business strategy and supporting documentation align with USCIS and consular expectations and demonstrate genuine commercial viability.

Step 2: Document source and Transfer of Funds and Make the Investment

The investment must be completed or irrevocably committed before filing the E-2 application. Acceptable evidence includes bank statements showing capital transferred to the U.S., purchase agreements for business assets, lease agreements for commercial space, equipment purchase receipts, and inventory documentation. 

The funds must be traced to lawful sources. Colombian investors should prepare documentation showing the origin of investment capital, which may include employment income records, business sale proceeds, property sale documentation, inheritance records, and loan documentation (particularly when the loan is secured by the investor’s personal assets).

Step 3: Prepare and File Form DS-160

After your case documentation is assembled and the investment is structured, you move into the formal consular filing sequence. Complete the Online Nonimmigrant Visa Application (Form DS-160) through the U.S. Department of State CEAC portal. This form collects biographical information, travel history, and details about your intended business activities. Answer all questions accurately and completely.

Step 4: Pay Visa Fees

E-2 visa application fees for Colombian nationals are set by the U.S. State Department fee schedule: DS-160 (MRV) application fee: $315. A visa issuance (reciprocity) fee may also apply, depending on treaty reciprocity, and fees are paid through the  U.S. Visa Information and Appointment Services for Colombia.

Step 5: Schedule an interview at the U.S. Embassy in Bogotá

Colombian E-2 petitioners attend interviews at the U.S. Embassy in Bogotá. Wait times for interview appointments vary. Schedule as early as possible after completing the DS-160.

Step 6: Gather Required Documents

Prepare a comprehensive package including:

• Valid Colombian passport
• Business plan
• Investment evidence and source of funds documentation
• Proof of business registration and licenses
• Organizational documents (articles of incorporation, bylaws)
• Financial statements and projections
• Lease agreements
• Employee contracts or hiring plans
• Personal financial statements
• Educational and professional credentials

All documents in Spanish must be accompanied by certified English translations.

Step 7: Attend Consular Interview

The consular officer will evaluate whether your business meets E-2 requirements. Common interview questions include:

• What type of business are you establishing?
• How much are you investing, and where did the funds come from?
• How many employees will you hire?
• What is your role in the business?
• How will the business generate revenue?
• What experience do you have in this industry?

Officers assess whether the enterprise is genuine and whether you have the expertise to operate it successfully.

E-2 Visa Benefits and Limitations

Understanding both advantages and constraints helps you plan effectively. The E-2 visa offers unique benefits for entrepreneurs while having certain limitations.

Key Benefits

Renewable indefinitely: The E-2 is renewable indefinitely and has no maximum period of stay. As long as your business remains operational and meets E-2 standards, you can renew every 2 years through USCIS extensions of status, or receive visa renewals at a consulate based on your country’s reciprocity schedule (for Colombian nationals, E-2 visas are typically issued for up to 5 years).

Spouse work authorization: Your spouse works for any employer in the United States as employment-authorized incident to status once their I-94 is properly annotated (for example, as E-2S), and the I-94 can be used as proof of employment authorization. Your spouse may also apply for an Employment Authorization Document (EAD) if they want separate documentation. This provides household income flexibility.

Dependent benefits: Unmarried children under 21 can attend school in the U.S. and remain in E-2 status until age 21, but they are not authorized to work.

No cap or lottery: E-2 visas are not subject to annual numerical limitations or lottery systems like H-1B visas.

Travel flexibility: You can travel internationally and return to the U.S. while your visa remains valid, though extended absences may raise questions about your commitment to directing the business.

Important Limitations

Not a direct path to permanent residence: The E-2 is a nonimmigrant visa. It does not provide a direct pathway to a green card. However, E-2 holders may qualify for other visa categories while in the U.S.

Business dependency: Your visa status is tied to the business. If the business fails or you sell it, your E-2 status may end.

Family status issues: Children lose E-2 derivative status when they turn 21 and must either change to another visa status or depart the U.S.

Renewal requirements: Each renewal requires demonstrating that the business continues to meet E-2 criteria.

Alternative and Complementary Immigration Strategies

The E-2 provides excellent opportunities for Colombian entrepreneurs. However, the optimal immigration pathway depends on your specific situation and long-term goals. Consider how the E-2 fits within your broader immigration planning.

From E-2 to Green Card Pathways

E-2 status can serve as a temporary solution while pursuing permanent residence through other channels:

EB-2 NIW: If your business work demonstrates contributions to U.S. national interests, you may qualify for an EB-2 National Interest Waiver. This self-sponsored green card option works well for entrepreneurs in technology, healthcare, or sustainability sectors.

EB-1A: Entrepreneurs who achieve extraordinary success in business may qualify for the EB-1A immigrant category based on their accomplishments.

EB-5: If you’re prepared to invest $800,000-$1,050,000 (depending on project location), the EB-5 Immigrant Investor Program provides direct permanent residence. Note: the required EB-5 investment amount is subject to change by law or regulation and should be confirmed at the time of filing.

Transitioning from E-2 to Other Status

Because E-2 is a nonimmigrant visa, you maintain the flexibility to change status if opportunities arise, such as:

• If a U.S. employer offers you a position, you could transition to H-1B, L-1, or O-1 status if you independently meet the eligibility requirements for that category. 
• If your business develops significant technology or intellectual property, you might qualify for other employment-based green cards.

Timing and Processing Expectations

Colombian applicants should understand typical timeframes for each stage. Timelines vary, and early phases often overlap: business planning, investment structuring, and document preparation are frequently done in parallel rather than sequentially.

These are general estimates. Complex cases or periods of high application volume and even specific consulate procedures and policies may affect processing times.

Working with Immigration Counsel

The E-2 application process involves both business planning and complex immigration law. The best approach depends on your specific circumstances, including your business concept, financial capacity, industry experience, and long-term immigration goals.

At Colombo & Hurd, we help Colombian nationals develop E-2 strategies that account for both immediate business objectives and future immigration planning. Our approach includes:

• Reviewing business concepts for E-2 viability
• Advising on appropriate investment levels
• Ensuring proper documentation of investment sources
• Preparing clients for consular interviews
• Coordinating with business consultants on financial projections
• Preparing the required forms and application filings (including the DS-160 and supporting consular forms, as applicable)
• Managing document submission requirements and compiling a complete E-2 application package for consular review
• Documentation to demonstrate eligibility under E-2 standards. 

Whether to pursue an E-2 visa depends on your unique circumstances. We recommend consulting with an immigration attorney to weigh your options before making substantial investments or business commitments. An attorney can help you evaluate whether the E-2 aligns with your goals or if another visa category might better serve your needs.

Take the Next Step Toward Your E-2 Visa

If you’re a Colombian entrepreneur ready to explore business opportunities in the United States, the E-2 visa offers a proven pathway to achieve that goal. Success requires thorough planning, adequate capitalization, and careful attention to immigration requirements.

Colombo & Hurd has helped entrepreneurs from Colombia and around the world establish U.S. businesses through the E-2 visa program. As a firm founded by immigrants for immigrants, we understand both the challenges and opportunities of building a business in a new country.

The best approach depends on your specific circumstances. We recommend consulting with an immigration attorney to evaluate your business concept, assess your eligibility, and determine the optimal strategy for your situation.