E-2 Investor Visa for Brazilian Entrepreneurs: A Complete Guide

Jimmy Almeyda

Immigration & Family Law Attorney | NY Bar Admitted

Published May 23, 2026 · 9 min read

Immigration

For Brazilian entrepreneurs looking to start or invest in a business in the United States, the E-2 Treaty Investor Visa is one of the most accessible and attractive options available. Thanks to the bilateral investment treaty between Brazil and the United States, Brazilian nationals are eligible for this visa category, which allows them to live and work in the U.S. while managing their investment.

At Almeyda Law, P.A., we are uniquely positioned to serve Brazilian entrepreneurs. Our team is fluent in Portuguese and English, and with over 15 years of immigration law experience, Attorney Jimmy Almeyda has guided many Brazilian business owners through the E-2 visa process in Miami and South Florida.

What Is the E-2 Visa?

The E-2 Treaty Investor Visa is a nonimmigrant visa that allows nationals of treaty countries to enter and work in the United States based on a substantial investment in a bona fide U.S. business. The visa is renewable indefinitely in two-year increments, as long as the qualifying investment and business continue to operate.

Unlike the EB-5 immigrant investor visa (which requires a minimum investment of $800,000 to $1,050,000), the E-2 visa has no fixed minimum investment amount, making it much more accessible for small and medium-sized business owners.

Why Brazilians Are Eligible

The E-2 visa is only available to nationals of countries that maintain a Treaty of Commerce and Navigation with the United States. Brazil and the United States signed a bilateral investment treaty that qualifies Brazilian citizens for E-2 status.

This is a significant advantage for Brazilian entrepreneurs, as many other large Latin American countries (such as Argentina and Venezuela) do not have qualifying treaties and their citizens cannot apply for E-2 visas.

E-2 Visa Requirements

To qualify for an E-2 visa, you must meet the following requirements:

1. Treaty Country Nationality

You must be a citizen of Brazil (or another treaty country). Permanent residents of Brazil who are citizens of non-treaty countries are not eligible.

2. Substantial Investment

Your investment must be substantial in relation to the total cost of purchasing or establishing the business. The funds must be committed and at risk in the business.

3. Real and Operating Business

The investment must be in a real, active commercial enterprise that produces goods or services. Speculative or passive investments (such as undeveloped land or stocks) do not qualify.

4. Not Marginal

The business must have the capacity to generate more than enough income to provide a minimal living for the investor and their family. It should create jobs and contribute meaningfully to the U.S. economy, or have the capacity to do so in the near future.

5. Control of Funds

You must have control of the invested funds and the investment must be at commercial risk. Funds that can be returned if the business fails do not qualify.

6. Intent to Depart

You must intend to leave the United States when your E-2 status ends. However, since the E-2 visa can be renewed indefinitely, this requirement does not prevent long-term stays.

Investment Amount

There is no fixed minimum investment for the E-2 visa, but the investment must be “substantial.” In practice, this means:

• $100,000 to $200,000+ is a common range for E-2 investments in South Florida
• The investment must be proportional to the business. A $50,000 investment in a small service business may be sufficient, while a restaurant or retail store may require $200,000 or more
• The lower the total business cost, the higher the percentage of that cost you should invest (the “proportionality test”)
• Funds must come from legitimate sources and you must be able to document the origin of your investment capital

Types of Businesses for E-2 Visa

Brazilian entrepreneurs in Miami frequently pursue E-2 visas through businesses such as:

• Restaurants and food service (Brazilian steakhouses, acai bowls, bakeries)
• Import/export companies (connecting Brazilian and U.S. markets)
• Real estate management (property management companies, not passive investment)
• Technology startups and consulting firms
• Healthcare and wellness (dental practices, fitness studios, aesthetic clinics)
• Franchises (purchasing an established franchise brand)
• E-commerce and digital marketing businesses
• Construction and home improvement services

Application Process

Step 1: Develop Your Business Plan

A comprehensive business plan is critical for the E-2 application. It should demonstrate that the business is real, viable, and will generate sufficient revenue. Include financial projections for at least five years, market analysis, and job creation plans.

Step 2: Make the Investment

Transfer and commit your investment funds. Document every step of the money trail from its source in Brazil to the U.S. business. This includes bank statements, wire transfer records, business purchases, lease agreements, equipment invoices, and inventory purchases.

Step 3: Prepare the Application

Compile all required documentation including Form DS-160, business plan, investment evidence, source of funds documentation, and personal documents (passport, photos, educational credentials).

Step 4: Apply at the U.S. Consulate

E-2 visa applications are processed at the U.S. Consulate in the applicant’s home country. For Brazilians, this typically means scheduling an interview at the U.S. Consulate General in São Paulo or the U.S. Embassy in Brasília.

Step 5: Attend the Interview

Be prepared to explain your business, your investment, your qualifications, and how the business will benefit the U.S. economy. Bring organized copies of all documentation.

Bringing Your Family

One of the key advantages of the E-2 visa is that your immediate family can accompany you:

• Spouse: Your spouse receives E-2 dependent status and is eligible for an Employment Authorization Document (EAD), which allows them to work for any employer in the United States
• Children: Unmarried children under 21 can attend school in the U.S. on E-2 dependent status

Advantages of the E-2 Visa

• No minimum investment amount (unlike the EB-5 which requires $800,000+)
• Renewable indefinitely in two-year increments
• Spouse can work with no restrictions
• Children can attend U.S. schools
• No annual quota or visa backlog
• Relatively fast processing (typically 2 to 4 months)
• Can be converted to other visa categories or a green card through separate processes

Why Miami for Brazilian Entrepreneurs

Miami is the top destination for Brazilian entrepreneurs in the United States, and for good reason:

• Large Brazilian community: South Florida has one of the largest Brazilian populations outside of Brazil, providing a ready customer base and support network
• Gateway to Latin America: Miami’s geographic position and international business infrastructure make it the ideal base for companies doing business across the Americas
• Business-friendly environment: Florida has no state income tax, streamlined business registration, and a pro-business regulatory environment
• Direct flights to Brazil: Miami International Airport offers daily direct flights to São Paulo, Rio de Janeiro, and other Brazilian cities
• Portuguese-speaking services: At Almeyda Law, we provide full support in Portuguese, ensuring nothing is lost in translation throughout the visa process