The E-2 Visa, also known as the Treaty Investor Visa, is a non-immigrant visa that enables foreign nationals from treaty countries to work and live in the United States by investing in and operating a U.S. business. To qualify, applicants must make a substantial investment in a real, active business and retain control over it.

The E-2 Visa allows an initial stay of up to 2 years, with the option to renew indefinitely, provided the business remains active, and all other requirements are met. This guide to the E2 visa will highlight the program’s requirements, application process, costs, and processing time.

E2 Visa USA – Key Takeaways

The E-2 Visa is a non-immigrant visa for citizens of treaty countries to live and work in the U.S. by investing in a U.S. business.
There is no fixed minimum investment. Eligibility is assessed using a “proportionality test.” However, most investments range from $100,000 to $200,000.
Successful applicants can live in the U.S. for up to 2 years, with visa validity ranging from 3 months to 5 years. They can also renew indefinitely.
Processing can take anywhere from 2 weeks to a few months. However, premium processing (available only within the U.S.) costs $2,965, and a decision will be made within 15 business days.
The E-2 Visa does not provide a direct path to a Green Card or citizenship, but holders may switch to other immigration pathways to get permanent residence.

E-2 Visa Overview

FeatureDetails
Visa typeNon-immigrant (Treaty Investor Visa)
Who qualifies?Citizens of E-2 treaty countries
Minimum investmentNo fixed minimum. Must be “substantial”
Business requirementMust be an active, for-profit U.S. enterprise
Stay durationUp to 2 years per entry
Renewals allowed?Yes, provided business remains active
Family included?Yes. Spouse can receve work authorization and children can study
Green Card possible?No. Applicants may switch to an immigrant visa category, such as the EB-5 Visa.

What is E2 Visa?

The E-2 Visa allows foreign nationals from Treaty Countries to enter the United States and work in the United States in exchange for investing in a U.S. business. There is no set minimum investment amount; instead, whether the investment qualifies is determined by a “proportionality test” based on the type and nature of the business. Immigration experts recommend investing between $100,000 and $200,000.

The E2 Visa USA is of two categories:

  • E-2 Principal Investor: This is the main class that non-immigrant treaty investors can use to enter the United States and invest in a US business, such as startups, franchises, and existing businesses.
  • E-2 Employees of Treaty Investors: This option is for employees of a Treaty Investor or the E-2 enterprise itself. Employees must have the same nationality as the principal investor, exceptional ability, or managerial control.

Benefits of E2 Visa USA

The E-2 Visa comes with several benefits for foreign nationals. These can include:

  1. Live and work in the U.S: The E-2 Visa provides an initial stay of up to 2 years and is valid for 3 months to 5 years. This can be extended indefinitely as long as your business remains active and meets the visa requirements.
  2. Family eligibility: A spouse or other family members can apply for an employment authorization document (sometimes referred to as a work permit) from the US Department of Homeland Security. Your unmarried children (under 21 years) can attend school without a separate student visa.
  3. Flexible business type: Treaty investors can work with a wide range of businesses, from retail to services, as long as they meet the investment criteria.
  4. Quick processing time: The U.S. Consulate process varies but usually takes around two weeks to four months. It is faster and more convenient than many other types of visas.
  5. No minimum level of education. Visa applicants do not need a university degree or special qualifications to apply for a US E2 Visa. But you need to prove that you are in a position to manage the U.S business.
  6. No set E-2 Visa minimum investment. There is no set minimum investment amount. The U.S. government requires a substantial amount, which depends on the exact nature of your business.

Who qualifies for an E-2 Visa?

To qualify for an E-2 Visa, you must:

1. Be a national of a treaty country

You must be a citizen of an E-2 treaty country. More than 80 countries have a treaty with the U.S. If you have dual citizenship, you can apply using any of those countries.

If you are from certain countries not on the list, you cannot apply for the E-2 Visa.

bo Boliviafr Francecm Cameroon
gd Grenadade Germanyca Canada
at Austriahr Croatialk Sri Lanka
pk Pakistanom Omanlr Liberia
ph Philippineseg Egyptge Georgia
md Moldovakg Kyrgyzstansi Slovenia
cr Costa Ricaar Argentinaal Albania
kz Kazakhstanbg Bulgariatt Trindad & Tobago
gb United Kingdomjp Japanjm Jamaica
pt Portugalit Italyet Ethiopia
ie Irelandnl Netherlandsbd Bangladesh
mn Mongoliaro Romanialu Luxembourg
sg Singaporedk Denmarklv Latvia
th Thailandee Estoniaam Armenia
ma Moroccopl Polandpa Panama
sk Slovak Republictn Tunisiars Serbia
nz New Zealandsn Senegalno Norway
kr South Koreaes Spainil Israel
xk Kosovosr Surinamebh Bahrain
cl Chilebe Belgiumlt Lithuania
cz Czech Republicau Australiafi Finland
cg Congo (Brazzaville)jo Jordanco Colombia
se Swedenaz Azerbaijanme Montenegro
hn Hondurascn China (Taiwan)mk North Macedonia
tg Togoua Ukrainech Switzerland
tr Turkeypy Paraguaymx Mexico
cd Congo (Kinshasa)ba Bosnia and Herzegovina

2. Make a substantial investment

Applicants must invest a substantial amount of capital in a bona fide enterprise in the US. The money must be at-risk and dedicated to a real and operating business. There’s no specific investment threshold; however, on average, applicants invest from $100,000 to $200,000. Your investment amount must be sufficient to ensure successful operation.

  • A “proportionality test” will determine whether your investment is considered substantial by comparing it to your business costs. So, the lower the business’s cost, the more you must invest. For example, if you start with a $50,000 US business, you would likely need to invest 100 percent of the funds to prove your commitment. But if you were to start a $1,000,000 business, you would likely need to invest a lower percentage of the funds.
  • The applicant must have a bona fide enterprise, which is a fully functioning US business, not just a front or a shell corporation.
  • The investment must have the capacity to boost job creation and generate more than enough income to provide a minimal standard of living for treaty investors, their families, and unmarried children, in the present or future.

3. Be in a position to develop and direct your business

You must:

  • Hold authority over your U.S. business: As the principal investor, you must have the authority to make important decisions and to influence how the investment enterprise operates, in the present or future.
  • Own a significant share of the business: You must own at least 50 percent of the enterprise or have operational control through a managerial position.
  • Have a profitable business: The new enterprise should generate sufficient income for a comfortable living to ensure efficient operation. It should also make a significant economic impact in the US.

4. Prove your intent to depart

You must prove to the embassy that your intent in entering the US is just to work and live temporarily. An E-2 Visa provides non-immigrant status, so applicants are not eligible for permanent residence. Treaty investors must provide a written statement to the US Embassy stating that they will depart the country upon the expiration of their E-2 Visa.

E-2 Visa Minimum Investment Requirement

The qualifying investment capital must meet the following criteria:

  • Must be invested in a real operating commercial enterprise: The enterprise must be a genuine, operating U.S. business. Passive investments, such as stocks, do not qualify.
  • Must be at risk and committed to the enterprise: The funds must be fully committed and subject to potential loss. This shows that the investor has a real financial stake in the enterprise’s success.
  • The business must not be marginal: It must have the capacity to generate more than enough income to support the investor and their family, or to create jobs and contribute to the U.S. economy.
  • The investment capital must be lawfully acquired: The investment funds must come from legal sources, and applicants must provide documentation to prove this.

E2 Visa Employee Requirements

As a principal investor, you can apply for an E-2 Visa for qualifying employees with specialized skills, who must be of the same nationality as yours (same treaty country). The registration might take a few months, depending on the jurisdiction. The E-2 employee visa can be obtained within two weeks.

To qualify, your employee must meet the following conditions:

Supervisors, executives, and managers

  • They must hold a managerial role and handle an entire business or a key part of the business.
  • They are usually of the same nationality (treaty country) as the treaty investors.

Skilled workers or specialists with special qualifications

  • The employee must have specialized skills in some area related to the business that is difficult to find in the US.
  • The individual is an essential employee required to run the investor’s business in the US.
  • The employee is often of the same nationality (treaty country) as the treaty investors.

E2 Visa Application Process

treaty investors signing documents to apply for the E-2 visaE-2 Visa applicants should follow these steps when submitting the visa application:

  1. Determine eligibility: The person applying must be a citizen of a treaty country.
  2. Plan your investment: The principal applicant for the E-2 Visa must decide on the business model they want to invest in. Treaty investors can purchase an existing business or establish a start-up. Calculate the significant amount of money you need to invest (including the purchase price). Develop a business proposal that outlines your investment, the nature of the business, and its potential to be profitable.
  3. Establish the enterprise: Make the investment to boost job creation and ensure successful operation.
  4. Submit the application: Collect all the necessary documents for your investment enterprise, including the business plan. If you are outside the U.S., you must complete the DS-160 form online for a non-immigrant visa. If you are already in the U.S., you must submit Form I-129 to change your immigration status to E2. If you are an essential employee applying for a visa, the investor must submit Form I-129 on your behalf. Send all the forms to the U.S. Citizenship and Immigration Services (USCIS) for processing.
  5. Schedule a visa interview: During a visa interview, you will answer questions about your investment, the nature of your business, funding, and your intentions while in the US.
  6. Provide biometric information: The principal applicant must provide biometric information during the application process for employment authorization. These include fingerprints and photographs.
  7. Receive the visa: If approved, you will receive your E-2 Visa, which will allow you and your immediate family to work and live in the U.S.
  8. Maintain E-2 status: You must now maintain your treaty investor status by actively managing and operating the business. As long as you continue to meet the E-2 Visa USA requirements, you can renew the visa (usually every two years).

E-2 Visa Document Checklist

When applying for the E-2 Visa, treaty investors must provide the following documents:

  • DS-160: a nonimmigrant visa application form.
  • Passport: a valid passport with a minimum of six months validity beyond your intended period of stay in the US.
  • Comprehensive Business plan: A detailed business plan (or business proposal) outlining your investment. The business plan should include details such as the company name, the nature of the operating commercial enterprise, and its potential for profitability and likelihood of being a successful enterprise.
  • Proof of investment funds: Documents that indicate the source of the funds, such as bank statements and promissory notes.
  • Proof of bona fide enterprise: Documentation (such as business licenses) proving that the business you plan to invest in is a real, active, and operating.
  • Articles of Incorporation/Registration: If the business is already established, provide the articles of incorporation or registration.
  • Lease agreement or property ownership: Provide a proof of secured location for your business.
  • Financial statements: If applicable, provide the enterprise’s financial statements for the past two to three years. This can include balance sheets, income statements, and cash flow statements.
  • Market research and projections: Provide research and analysis that supports the potential success of your business.
  • CV/Resume: Highlight your relevant experience and qualifications.
  • Employment details: Information about any essential employees you plan to hire in the US. Workers with special qualifications or specialized skills are more likely to receive work authorization.
  • Proof of managerial role: Provide proof of ownership or a management position.
  • Proof of treaty country citizenship: Provide documents that prove your citizenship in a treaty country eligible for the Visa E2 USA.
  • Payment receipt: A receipt of the visa application fee.
  • Corporate documents (if applicable): If the enterprise has multiple owners or shareholders, provide corporate documents showing ownership percentages.
  • Additional supporting documents: Any additional documents that can strengthen your case, such as contracts, licenses, or permits based on the business model.

Please note that the application process may require additional documentation, depending on your enterprise.

Can the E-2 Visa lead to citizenship?

No. The E-2 Visa cannot lead to citizenship because it is a non-immigrant visa and does not grant permanent residency. E-2 Visa holders who want citizenship must transition to an immigrant visa category. Some of the most common pathways are:

  • EB-5 Immigrant Investor Visa: By investing a minimum of $800,000 or $1,050,000 and creating jobs, you may qualify for a Green Card through investment.
  • EB-2 National Interest Waiver (NIW): If your work has substantial merit and national importance, you may self-petition for a Green Card.
  • EB-1 Green Card: For individuals with extraordinary ability, outstanding researchers, or multinational executives.

Once you obtain the Green Card, you become eligible to apply for citizenship via naturalization after 5 years of permanent residency.

E-2 Visa Processing Time

The E2 Visa processing time can vary based on your home country and the time taken for U.S. Citizenship and Immigration Services (USCIS) or the US consulate to review your application. Generally, it can take anywhere from about two weeks to a few months to obtain the visa.

Premium processing is available only for E-2 Visa change-of-status applications filed within the United States, and applicants can get a response within 15 business days for an extra fee of $2,965. However, premium processing is not available for first-time E-2 Visa applications or for those who applied outside the U.S.

The E-2 investor visa process can be complicated. It’s a good idea to talk to an experienced E2 Visa lawyer. These experts can simplify the application process for you, prepare you for the visa interview, and ensure you have all the additional documentation to increase your chances of approval.

E-2 Visa Cost

The costs for the E-2 Visa depend on factors such as your home country’s location and whether you request premium processing. The main cost is the investment itself, including the purchase price.

Other costs include fees for initial applications, forms, biometric appointments, document translation, legal assistance, and so on. There is a $510 fee to file Form I-129 (Petition for Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). An additional fee of $2,965 applies for premium processing.

Pros and Cons of the E2 Visa

Like any visa category, the E2 Visa comes with its own set of advantages and disadvantages:

Pros

  • Quick processing time: USCIS generally processes this visa faster than other E visas, making the application process a quicker option for those looking to start a new business in the U.S.
  • No set minimum investment amount: Unlike certain investment-based visas, such as the EB-5 Visa, the E-2 Visa does not require a minimum investment. The investment should be a substantial portion of the enterprise’s total cost.
  • Flexibility in business types: This nonimmigrant visa allows you to invest in a wide range of businesses, from established enterprises to startups, as long as they meet the qualifying criteria.
  • Including family members: Your spouse and unmarried children under 21 can accompany you to the U.S. on an E2 dependent visa. Your spouse can apply for employment authorization to work in the U.S.

Cons

  • Nonimmigrant E-2 status: The E-2 is a nonimmigrant visa, meaning it does not lead directly to permanent residence (Green Card).
  • Investment and active involvement required: To maintain visa status, treaty investors must provide a substantial investment in an actively operating business and ensure efficient operation.
  • Limited to treaty countries: The visa is available only to citizens of countries that have a treaty of commerce and navigation with the US. Not all other countries are eligible for this visa.
  • No direct path to citizenship: While this visa provides a lawful nonimmigrant status and allows for indefinite renewals, it does not offer a direct pathway to US citizenship. If your ultimate goal is to become a US citizen, you may need to explore other visa options that lead to permanent residence (a Green Card) and citizenship, such as the EB-5 Visa.
  • Risk factors: With E visas, there is a potential loss of investment if the business venture fails. The success of the E-2 visa application relies on the viability of the business proposal. There is also a chance for the initial application to be denied. To minimize risks, treaty investors must do a thorough research, ask for professional guidance, and prepare all the necessary documents.

How Can Global Citizen Solutions Help You?

Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments. 

We guide you from start to finish, taking you beyond your citizenship or residency by investment application.