What is an E-2 treaty investor visa?

The E-2 visa is for nationals of treaty countries who make a substantial investment in a U.S. business enterprise. The investor must own at least 50% of the business and demonstrate active involvement in business operations. The investment must be at risk and committed to the enterprise.

What constitutes a substantial investment for E-2 visas?

There's no minimum dollar amount for E-2 investments. Substantial means the investment is sufficient to ensure successful operation of the enterprise. Generally, investments of $100,000+ are viewed favorably, but smaller amounts may qualify for businesses requiring less capital.

How long can I stay in the U.S. on an E-2 visa?

E-2 visas are typically issued for up to 5 years based on reciprocity with your country. Each entry allows a 2-year stay, renewable indefinitely in 2-year increments as long as the business continues to operate and meet E-2 requirements.

Can E-2 visa holders apply for a green card?

E-2 is a nonimmigrant visa with no direct path to permanent residence. However, E-2 holders can pursue green cards through other channels like EB-5 investor visas, family sponsorship, or employment-based petitions if they qualify under separate criteria.

What happens to my E-2 visa if I sell my business?

If you sell your business or it ceases operations, your E-2 status ends. You must either depart the U.S., change to another status, or invest in a new qualifying business to maintain E-2 status. You cannot remain in E-2 status without an active qualifying investment.

E-2 Treaty Investor Visa - International Investors and Entrepreneurs

E-2 Treaty Investor Overview

What is an E-2 Visa?

The E-2 treaty investor visa allows nationals of countries with investment treaties with the U.S. to enter and work based on a substantial investment in a U.S. commercial enterprise that they will direct and develop.

Key Requirement: Substantial Investment

E-2 visas require substantial investment in a real, active commercial enterprise. The investment must be at risk, substantial relative to the total cost, and generate more than minimal income.

Eligibility Requirements

E-2 Visa Qualification Criteria

Must be a national of a country with which the United States maintains a treaty of commerce and navigation
Must have made or be actively in the process of making a substantial investment in a U.S. enterprise
Investment must be in a real, active commercial enterprise that produces services or goods for profit
Must own at least 50% of the enterprise or possess operational control through managerial position
Must be coming to the United States to direct and develop the investment enterprise
Must maintain residence abroad with no intention of abandoning foreign residence

Treaty Countries for E-2 Visas

Countries with E-2 Treaty Agreements

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh
Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan)
Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic
Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada
Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kosovo
Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova
Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama
Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic
Slovenia, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand
Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia (former)

Substantial Investment Requirements

What Qualifies as Substantial Investment

No minimum dollar amount specified, but investment must be substantial relative to total cost of enterprise
Generally requires investment of at least $100,000-$200,000 for most businesses
Investment must be sufficient to ensure successful operation of the enterprise
Must demonstrate investment is not marginal and will generate more than minimal living
Investment funds must be at risk and subject to partial or total loss if business fails
Loans secured by assets of the investment enterprise generally do not qualify

Application Process

E-2 Visa Application Steps

Make Qualifying Investment

Complete substantial investment in U.S. commercial enterprise and obtain evidence of investment funds and business operations.

Establish Treaty Country Nationality

Confirm citizenship of treaty country and that enterprise is owned by treaty country nationals.

Complete DS-160 Form

Fill out Online Nonimmigrant Visa Application selecting E-2 category and provide detailed information about investment.

Schedule Consular Interview

Schedule visa interview appointment at U.S. consulate in country of residence and pay required application fees.

Attend Visa Interview

Present investment documentation, demonstrate business viability, and establish qualification for E-2 classification.

Required Documentation

E-2 Visa Application Documents

Valid passport from treaty country with at least 6 months validity
Completed DS-160 Online Nonimmigrant Visa Application
Evidence of substantial investment in U.S. enterprise
Business incorporation documents and ownership proof
Financial statements and bank records showing investment funds
Business plan with financial projections and market analysis
Evidence of source of investment funds (legal origin)
Lease agreements, contracts, and operational evidence
Proof of ties to home country and intent to depart U.S.

Marginality Test

Non-Marginal Enterprise Requirements

Investment must generate significantly more income than necessary to support investor and family
Enterprise must have present or future capacity to generate more than minimal living
Business should create jobs for U.S. workers or have potential for job creation
Marginal enterprises that provide minimal income solely to investor will be denied
Consider economic impact on local community and industry
Future capacity for growth and expansion is important factor

Employee E-2 Classification

E-2 Employee Requirements

Must be same nationality as principal E-2 investor
Must be employed in supervisory, executive, or highly specialized skills capacity
Ordinary skilled or unskilled workers do not qualify for E-2 status
Must be essential to efficient operation of the investment enterprise
Specialized skills must be unique qualifications not readily available in U.S. workforce
Employment must relate directly to the investment enterprise operations

Visa Duration and Extensions

E-2 Visa Validity and Renewal

Initial E-2 visa validity varies by treaty country reciprocity agreements
Common validity periods: 1-5 years for multiple entries depending on nationality
Period of admission determined by CBP officer, typically 2 years maximum
Extensions available in 2-year increments with no statutory maximum limit
Must maintain E-2 qualifying investment throughout entire stay
Must demonstrate continued viability of investment enterprise for extensions

Family Members and Dependents

E-2 Derivative Benefits

Spouse and unmarried children under 21 may apply for E-2 derivative status
Family members receive same period of admission as principal E-2 investor
Spouse may apply for employment authorization using Form I-765
Spouse can work for any employer in any capacity with valid EAD
Children may attend school but cannot work except with proper authorization
Derivative status terminates when principal E-2 status ends

Acceptable Business Types

Qualifying Investment Enterprises

Manufacturing, retail, service, technology, consulting enterprises typically qualify
Passive investments like real estate rentals generally do not qualify
Stock investments alone insufficient unless operational control demonstrated
Franchises acceptable if investor has operational control and meets investment threshold
Professional practices (medical, legal, accounting) may qualify with proper structure
Import/export businesses qualify if substantial investment and operations in U.S.

Renewal and Extension Requirements

Maintaining E-2 Status

Must maintain substantial investment in qualifying U.S. enterprise
Business must remain active, viable, and generating more than marginal income
Must demonstrate continued ownership and operational control
Investment enterprise must continue to meet E-2 requirements
Cannot have abandoned intent to depart the United States
Must provide updated business financials and operational evidence

Path to Permanent Residence

E-2 to Green Card Options

E-2 status does not provide direct path to permanent residence
May qualify for employment-based permanent residence if eligible
EB-1C multinational executive/manager category possible if qualifying
EB-5 investor permanent residence requires separate $800K+ investment
NIW (National Interest Waiver) may be option for some E-2 investors
Family-based permanent residence available if qualifying U.S. citizen/LPR relative

Common Denial Reasons

Frequent E-2 Application Issues

Investment amount insufficient or not at risk in the enterprise
Enterprise is marginal and does not generate more than minimal living
Source of investment funds not adequately documented
Investor does not have operational control of the enterprise
Business not real, active, or operating commercial enterprise
Inability to demonstrate intent to depart United States
Previous immigration violations or inconsistent statements

Processing Information

Processing Times

E-2 visa processing times vary by consulate but typically take 2-4 weeks after interview. Some consulates offer expedited processing for additional fees. Premium processing not available for consular applications.

Application Fees

DS-160 application fee: $185. Reciprocity fees vary by nationality (can range from $0 to $400+). Some consulates require separate appointment scheduling fees.

Investment Amount Guidelines by Industry

Business Type	Typical Investment Range	Key Considerations
Consulting/Service	$100K - $200K	Lower overhead, focus on specialized skills
Retail/Restaurant	$200K - $500K	Inventory, equipment, lease deposits
Manufacturing	$500K - $1M+	Equipment, facility, working capital
Technology	$150K - $400K	Development costs, IP, talent acquisition

Important Considerations

E-2 Success Factors

Successful E-2 applications demonstrate substantial investment at risk, active business operations generating more than minimal income, and clear operational control by the investor. Maintain detailed financial records and business documentation throughout the process.

Additional Resources

State Department E-2 Information

Official guidance on E-2 treaty investor visas

Visit State Department

Treaty Country Listings

Official list of countries with E-2 treaty agreements

View Treaty Countries

USCIS E-2 Information

USCIS guidance for E-2 change of status applications

Visit USCIS

DS-160 Application Form

Online nonimmigrant visa application for E-2 visas

Access DS-160 Form