If you are an Indian investor or entrepreneur, you might find the E2 Visa an attractive choice for launching a business in the United States or acquiring an established one. However, to be eligible for the E2 Visa, you must be a citizen of a country that has a treaty with the United States allowing E2 visas.
The E-2 Visa is a non-immigrant visa that allows individuals from treaty countries to invest a substantial amount of capital in an eligible business in the U.S. in exchange for residency.
So, is the E2 Visa pathway possible for Indian citizens? Let’s find out in this article.
We will also explore the benefits of an E2 Visa for Indian nationals, the challenges involved in obtaining one, ways to overcome those challenges, and other US visa options for Indian citizens.
E-2 Visa India – Key Takeaways
What is the E2 Visa for Indians?
The E-2 Visa is a non-immigrant visa issued to nationals of countries that have an existing E-2 treaty agreement with the U.S., allowing them to invest in and actively manage a U.S. business in exchange for residency. Unfortunately, India does not have an existing E-2 treaty agreement with the United States, so Indian citizens who want an E2 Visa must gain a second citizenship from a country with an E2 treaty agreement with the U.S., such as Grenada or Canada.
Highlights of the E2 Visa for Indians
- The E2 Visa allows citizens of countries with existing treaty agreements with the U.S to obtain residency in exchange for active business investments in the U.S.
- India does not have an E2 treaty agreement with the U.S, so its citizens are not eligible for an E2 visa directly, except that they get a second citizenship from an eligible country.
- Some countries with an E2 treaty with the U.S that Indian citizens can explore are Grenada, Canada, etc.
- Only citizens of U.S treaty countries are eligible to apply for the E2 visa. Permanent residents, or those on long-term visas in eligible countries, do not qualify.
- The E2 Visa allows Indian investors to live, work, and operate businesses in the U.S. The visa can be renewed indefinitely, giving you flexibility and long-term stability in the U.S.
Benefits of an E2 Visa for Indian Citizens
Important context: Indian passport holders are not directly eligible for the E-2 visa. The benefits below apply to Indian citizens who have lawfully obtained second citizenship from a qualifying E-2 treaty country and apply using that passport.
- Temporary residence in the US: The E-2 Visa allows you to live and work in the U.S. by actively running your own business, rather than depending on an employer sponsor. Your stay can continue as long as the business remains operational and compliant, giving Indian entrepreneurs stability without the uncertainty of employer-driven visas.
- Family inclusion and spouse work authorization: Under the E2 Visa, your spouse can apply for U.S. work authorization and work for any employer, not just your business. This directly addresses a major pain point for Indian families, where dependent spouses on other visas are often restricted from working. Your unmarried children under 21 can also attend U.S. schools without needing separate student visas.
- Flexible business models: Unlike the H-1B or L-1 routes that favor specific corporate structures, the E-2 Visa allows a wide range of businesses, including consulting and professional services, retail or hospitality, E-commerce, etc. This flexibility is ideal for Indian entrepreneurs who want to diversify beyond traditional tech roles.
- Freedom to travel in and out of the U.S.: E-2 Visa holders can travel freely in and out of the United States while the visa is valid. There are no re-entry penalties or advance permissions, making it easier to manage business or family obligations in India or other countries.
- Fast processing time: E-2 Visas are typically processed by U.S. consulates in weeks to a few months, depending on location. This speed is a major advantage for Indian nationals used to long waits for H-1B lotteries or employment-based green cards.
- Renewable with no maximum stay limit: The E-2 Visa is usually granted with an initial stay of up to 2 years per entry and visa validity ranging from a few months to up to 5 years, depending on nationality. Basically, as long as the business remains active and compliant, recipients enjoy indefinite renewals, offering major stability for Indian nationals and their families.
- No formal education requirement: There is no requirement for a university degree with this visa. Instead, applicants must show they have the experience and authority to direct and manage the business in the U.S. This benefits Indian entrepreneurs who have built businesses through experience rather than formal U.S. education pathways.
- No fixed minimum investment amount: There is no legally defined minimum investment for the E-2 visa. The requirement is a “substantial investment,” which is assessed relative to the type of business. This makes the E-2 far more accessible than the EB-5 Visa, which requires $800,000+.
- Possible pathway toward a U.S. Green Card: While the E-2 itself does not grant a Green Card, it can serve as a stepping stone. Indian entrepreneurs often use their E-2 business to scale investment and transition to EB-5 Visa, then secure employer sponsorship or pursue a National Interest Waiver.
E2 Visa Requirements for Indian Citizens
Because India is not an E-2 treaty country, Indian nationals must first meet an additional threshold requirement before the standard E-2 rules apply.
Become a citizen of an eligible treaty country
To qualify for the E-2 Treaty Investor Visa, an applicant must be a citizen of an E-2 treaty country, whether citizenship was obtained by birth or naturalization. Indian citizens are not eligible using an Indian passport, as India does not have an E-2 treaty with the United States.
Once Indian nationals lawfully obtain citizenship of a qualifying treaty country, they may apply for the E-2 Visa using that treaty country’s passport.
Note that India DOES NOT allow dual citizenship. So, obtaining a new citizenship means giving up your Indian passport under Indian law.
Make a substantial investment in a U.S. Business
Applicants must invest a substantial amount of capital in a real, operating U.S. business. There is no fixed minimum investment amount under E-2 regulations. However, according to the United States Citizenship and Immigration Services (USCIS) and the foreign affairs manual, the investment must:
- be at risk
- be committed to a bona fide enterprise
- be sufficient to ensure the successful operation of the business
A proportionality test is used to assess whether the investment is substantial. This compares the investment amount to the total cost of the business:
- Lower-cost businesses require a higher percentage investment
- Higher-cost businesses may qualify with a lower percentage investment
On average, treaty investors invest $100,000 to $200,000, though some applicants invest $50,000 to $85,000 and still qualify. However, these figures are not official minimums.
Operate a real, non-marginal business:
The business must be a fully functioning U.S. enterprise, not a shell or paper company. Passive investments like stock market investments or private real estate do not qualify for the E2 Visa.
The enterprise must:
- Have the capacity to create jobs
- Generate more than enough income to support the investor and their family
- Avoid classification as a marginal enterprise, meaning it must contribute meaningfully to the U.S. economy
You must be able to develop and direct the business
To qualify as a treaty investor, the applicant must demonstrate active control and authority over the business. This includes:
- Owning at least 50% of the enterprise or having operational control through a managerial role
- Holding authority to make key business decisions
- Directly influencing how the business operates now or in the future
The business should also be structured to operate profitably and sustainably.
Prove intent to depart the United States
The E-2 Visa is a nonimmigrant visa, meaning applicants must show they intend to leave the U.S. once their E-2 status expires. You must provide a written statement to the U.S embassy confirming your intent to depart the U.S. when your E-2 Visa validity ends. The E-2 Visa does not provide permanent residence.
Use lawfully acquired funds
All investment capital must be lawfully obtained. The U.S. requires clear documentation of the legal source of funds, and funds obtained through direct or indirect illegal means are not acceptable.
The E2 Visa process can be complex for Indian citizens and investors, especially because of the citizenship hurdle. Hiring an experienced E2 Visa Immigration lawyer can help you navigate the process better to avoid mistakes and speed things up.
Obtaining Citizenship in an E2 Country
Many Indian nationals have gained citizenship in other countries that have a signed treaty with the US. However, it is worth noting that there has been an effort to reduce the number of people applying for an E-2 Visa after obtaining citizenship in a treaty country.
As of 2023, it is important to bear in mind that if you have acquired citizenship of an E2 treaty country, you will also need to prove that you have been a resident of that country for at least three years.
As holding dual citizenship is not permitted in India, it is recommended that you seek advice from immigration lawyers in both India and the US to determine how gaining a new citizenship could affect your status in India.
01/ Grenadian Citizenship
One way for Indian citizens to become eligible for an E2 Visa is to obtain Grenadian citizenship, which they can do via the Grenada citizenship-by-investment program. This can be done either via a National Transformation Fund or an Approved Real Estate Project.
Benefits of the Grenada CBI program
Some top benefits of this CBI program are:
- Affordable citizenship: Acquire citizenship for a single applicant or a family of four for just $235,000, making it one of the most cost-effective CBI programs.
- Fast application process: Investors can obtain a Grenada second passport within six months, enabling quick access to global opportunities.
- Visa-free travel: Grenada passport holders enjoy visa-free access to 140 countries, including the Schengen Area, the UK, Hong Kong, Saudi Arabia, Russia, and China.
- Eligibility for U.S. E-2 Visa: Grenada citizens can settle and invest in the U.S. under the E-2 treaty, providing a pathway for business-based residence in the United States.
- Dual citizenship & family inclusion: Maintain dual citizenship while including spouses, children, parents, and dependent grandparents or siblings in a family application.
Indian citizens can apply for Grenadian Citizenship by investment in two ways:
- Contributing to the National Transformation Fund: The National Transformation Fund is a Grenadian government initiative designed to attract foreign investment and contribute to the nation’s economic development. To qualify, you must make a non-refundable contribution of $235,000 to the Fund.
- Making an approved real estate investment: This option involves investing at least $270,000 in shares of government-approved real estate projects. OR investing $350,000 in a single unit of an approved Grenada real estate project. After five years, you can then sell the shares or the property you have bought.
02/ Canadian Citizenship
Canadian citizenship can also offer a pathway to an E2 Visa for an Indian citizen. There are two great options for this route.
The Canada Startup Visa: This is an excellent pathway for investors and entrepreneurs to establish themselves in Canada. To qualify for the Canada Startup Visa, you must first secure a commitment from a designated Canadian venture capital fund (minimum of CAD$200,000), an angel investor fund (minimum of CAD$75,000), or a business incubator. Successful applicants can apply for permanent resident status and for Canadian citizenship after three years of continuous permanent residence. Note: The Canada Start-Up Visa (SUV) Program was closed to new applicants on December 31, 2025. Only applicants who received a valid commitment certificate from a designated organization in 2025 may still apply, with a final submission deadline of June 30, 2026
The Express Entry system: This is a streamlined pathway for skilled workers aspiring to become permanent residents of Canada. This program assesses candidates based on factors such as age, education, work experience, language proficiency, and adaptability. Meanwhile, the Provincial Nominee Program (PNP) allows Canadian provinces and territories to nominate foreign workers with skills and experience that align with their specific economic needs. Each province has its own PNP streams and criteria.
E2 Alternatives for Indian Nationals
The EB-5 Visa is another alternative to the E2 Visa for Indian investors. This visa offers permanent residency to foreign investors who make a qualifying investment in a U.S. commercial enterprise and create jobs for American workers.
To qualify, an investor
- Must commit at least $1,050,000 in a new commercial enterprise (or $800,000 if the investment is in a Targeted Employment Area (TEA) such as a rural or high-unemployment area)
- The investment must create or preserve at least 10 full-time jobs for U.S. citizens, lawful permanent residents, or other authorized workers.
- The funds must be lawfully obtained and “at risk” for the purpose of generating economic growth.
- In the case of regional investments, the investments are made into the NCE, also called the EB-5 fund. The NCE then loans the fund to the JCE.
E2 vs EB-5 Visa for Indian investors
| Feature | EB-5 Visa (Immigrant Investor) | E-2 Visa (Treaty Investor) |
|---|---|---|
| Eligibility by Nationality | Open to all nationalities (no treaty requirement). | Only for citizens of E-2 treaty countries. Indians must first obtain a qualifying second citizenship. |
| Type of Status | Permanent residence (green card). Eventual U.S. citizenship possible. | Non-immigrant visa (temporary), renewable indefinitely but no direct green card. |
| Minimum Investment Required | $800,000 USD in a Targeted Employment Area or $1,050,000 USD otherwise. | No fixed dollar minimum; must be a “substantial investment” relative to business cost (often $100,000+ in practice). |
| Job Creation Requirement | Must create or preserve at least 10 full-time jobs for qualifying U.S. workers. | No job creation requirements but business must not be “marginal” and should show economic viability. |
| Processing Time | Longer. Can take about 2-5 years and involves multiple steps | Typically faster (weeks to months) if the application and business plan are complete. |
| Family Benefits | Spouse and unmarried children under 21 receive permanent residence and can live, work, and study in the U.S. | Spouses and children under 21 may accompany; spouses can apply for work authorization; children can study. |
| Path to Citizenship | Yes: After maintaining PR and meeting residency requirements, investors can apply for U.S. citizenship | Not directly; must transition to a different status to pursue a green card first. |
For an Indian investor, the E2 Visa can be an appealing option. However, as India is not an E2 treaty country, the path to getting an E2 Visa can be long and complex for Indian citizens.
Depending on your goals and circumstances, as an Indian citizen, you can also consider applying for other US visas, such as the EB5, which has other requirements and benefits.
In order to give yourself the best chance of making a suitable decision, it is advisable to seek immigration advice.
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