What are E Visas?
E Visas are a category of non-immigrant visas available to foreign nationals who wish to enter the United States for specific business or trade-related purposes.
These E Visas are often referred to as “treaty visas” because they are based on treaties of commerce and navigation between the United States and certain countries. There are two primary types of E Visas:
E-1 Visa (Treaty Trader Visa)
The E-1 Visa (or Treaty Trader Visa) is designed for individuals from countries that have treaties of commerce and navigation with the United States and who are engaged in substantial international trade.
To qualify for the Treaty Trader Visa, applicants must work for a business that conducts a significant volume of trade between the United States and their home country. The trade must involve goods, services, or technology.
E-2 Visa
The E-2 Visa is for individuals from countries that United States maintains a relevant treaty with who wish to invest a substantial amount of capital in a genuine US enterprise. Investors can choose to invest in or purchase an existing business or establish a new business. For an in-depth explanation of the E-2 Visa, please see our article E-2 Visa USA – The Ultimate Guide by Experts.
Unlike the E-1 Visa, which focuses on trade, the E-2 Visa is centered on substantial investment in a US business. The applicant must be actively involved in managing the investment, and the investment should not be marginal but rather substantial.
Both E-1 and E-2 Visas are temporary, non-immigrant visas, which means they do not provide a direct path to permanent residency (Green Card) in the United States.
However, these visas can be renewed indefinitely as long as the country maintains its treaty status with the US and the visa holder continues to meet the eligibility criteria.
These visas are valuable for foreign entrepreneurs, investors, and employees of companies engaged in trade or investment activities between the United States and their home countries.
The specific eligibility requirements and application processes may vary, so it’s essential to consult with legal experts or US embassies/consulates for detailed information and guidance based on individual circumstances.
What is the E-2 Visa?
If you are an aspiring investor looking to establish or operate a business in the United States, the E-2 Visa might be the perfect opportunity for you.
The E-2 Visa is a non-immigrant visa that allows individuals from treaty countries to enter the US for the purpose of investing a substantial amount of capital in a genuine enterprise.
Benefits of Being an E-2 Treaty Investor
In this section, we’ll delve into some of the benefits of being an E-2 treaty investor. Some of the main benefits are that:
- You can legally live in the US, work and operate your business.
- Your immediate family is included in the visa – spouse and unmarried children under 21 years old, unmarried. Your children can also study in the US.
- You can travel to and from the US without restrictions.
- This visa generally has a faster processing time compared to many other US visas, making it a quicker option for those looking to start a business in the US.
- You can renew your two-year E-2 Visa indefinitely, as long as your business remains viable and the requirements for renewal are sustained.
- There is no set minimum investment, as long as the investment is considered to be a substantial amount.
Which countries participate in the E-2 Visa program?
To be eligible for an E-2 Visa, first and foremost, you must be a citizen of a country that maintains a valid treaty of commerce and navigation with the United States.
At present, this is the complete list of countries with E-2 treaties:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Portugal, Republic of Congo, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan (Republic of China), Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, and the United Kingdom.
It’s important to note that, from 2023, if you did not originally have citizenship of a qualifying country and have acquired citizenship of a treaty country via the citizenship by investment program, you will also need to prove that you have been a resident of the country for at least three years in order to be eligible for the E-2 Visa.
Non-Treaty Countries List
If a country does not appear in the above list, it does not have a qualifying international agreement with the United States.
Major countries in this category include China (People’s Republic of China), India, Nigeria, Russia, South Africa, and Vietnam.
However, there are several pathways that citizens of these countries can use to qualify for an E2 Visa, such as obtaining the passport of citizenship of a treaty country or through marriage.
Document checklist
(Please note that additional documents may be required, depending on your specific circumstances).
- DS-160 confirmation page: A completed and printed DS-160 confirmation page, which is the online non-immigrant visa application form.
- Passport: Your valid passport with a minimum of six months validity beyond your intended period of stay in the US.
- Photograph: One passport-sized color photograph that meets the US visa photo requirements.
- Business plan: A detailed business plan outlining your investment, the nature of the enterprise, and its potential for profitability.
- Proof of investment funds: Documents demonstrating that the funds underpinning the investment are legitimate and legally acquired.
- Proof of bona fide enterprise: Documentation proving that the business you plan to invest in is a real, active, and operating commercial or entrepreneurial undertaking.
- Articles of Incorporation/Registration: If the business is already established, provide the articles of incorporation or registration.
- Lease agreement or property ownership: If you have already secured a location for your business, include the lease agreement or documents showing property ownership.
- Financial statements: If applicable, provide the enterprise’s financial statements for the past two to three years, including balance sheets, income statements, and cash flow statements.
- Market research and projections: Any market research or projections that support the potential success of your business.
- CV/Resume: Your curriculum vitae or resume, highlighting your relevant experience and qualifications.
- Employment details: Information about any employees you plan to hire in the US, along with their roles and responsibilities.
- Proof of managerial role: If you will be managing the enterprise, provide evidence of your managerial position.
- Proof of treaty country citizenship: Documents showing your citizenship in a treaty country eligible for the visa.
- Payment receipt: A receipt confirming payment 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.
What are the statistics on E-2 Visa approval?
In 2021, the success rate for E-2 Visa applications was 92 percent, with 33,129 visas issued among 35,812 applications.
The success rate of applications varies depending on the principal applicant’s eligibility and the strength of the business plan. To check whether you are eligible, please see our article E2 Visa Requirements – A Detailed Guide.
The E-2 Visa and your path to citizenship
As an E-2 Visa holder, you cannot apply for naturalization directly. If that’s your plan, you must first obtain lawful permanent resident status (Green Card) through a different immigration pathway.
There are several ways to obtain a Green Card, such as employment-based sponsorship, family-based sponsorship, diversity visa lottery, or refugee/asylum status. For more details on getting a Green Card as an E-2 Visa holder, please see our article The E2 Visa to Green Card – Step by Step Guide.
Once you have obtained a Green Card and meet the residency requirements (usually five years, or three years if married to a US citizen), you may be eligible to apply for United States citizenship through the naturalization process.
During naturalization, you would need to meet specific eligibility criteria, including good moral character, language proficiency, and knowledge of US civics.
Why Work with Global Citizen Solutions for Your E2 Visa Application?
If you think the E2 Visa may be the right option for you, or if you’d like to know more about other US visa options, don’t hesitate to contact us and book a complimentary 30-minute call with one of our experts.
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top residency by investment and citizenship by investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers and immigration advisers specialized in US immigration.
- Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
- Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
- All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
Frequently Asked Questions about the E-2 Visa
What are the E Visa categories?
E-1 and E-2 Visas: These are non-immigrant visas for individuals from treaty countries who engage in substantial trade (E-1) or make substantial investments in a U.S. enterprise (E-2). These visas are temporary and do not lead directly to permanent residency. They are typically for individuals looking to conduct business or investment activities in the U.S. temporarily.
What are the eligibility requirements for the E-2 Visa?
To be eligible for the E-2 Visa, individuals must be citizens of countries that have a valid treaty of commerce and navigation with the United States.
This visa is specifically designed for investors and entrepreneurs who intend to make a significant investment in a genuine US enterprise.
While there is no fixed minimum investment amount, it must be deemed substantial relative to the total cost of either purchasing an established enterprise or creating a new one.
Notably, the investment should not be considered marginal, and the treaty investor must actively participate in developing and directing the enterprise to qualify for the visa.
Additionally, beginning in 2023, citizens who obtained citizenship through a citizenship-by-investment program must demonstrate at least three years of residency in the treaty country to be eligible for the E-2 Visa.
Immediate family members can also be included in treaty investor visas.
What options are available for citizens of a nation that doesn't have a relevant treaty?
Citizens of any country that does not have a relevant treaty can explore alternative pathways to qualify for an E-2 Visa, which may involve different visa categories or strategies. For example, they can secure citizenship a treaty country, but they must prove that they have been a resident of the country for at least three years in order to be eligible for the E-2 Visa.
What is Treaty Investor Status, and how does it relate to the E-2 Visa eligibility?
Treaty Investor Status refers to a specific immigration classification that is closely associated with the E-2 Visa. It allows citizens of countries with valid treaties of commerce and navigation with the United States to apply for the E-2 Visa.
Under this status, eligible individuals can enter the United States with the purpose of making a substantial capital investment in a genuine U.S. enterprise while actively participating in its management.
In essence, this status is the foundation for obtaining the E-2 Visa, granting foreign nationals the opportunity to invest in and manage US businesses.
Can I apply for the E-2 Visa if I'm already in the US on another visa?
Yes, you can apply for a change of status to E-2 if you are eligible and meet the requirements. As the principal applicant, you will have to fill out the Form I-129 and send it to the US Citizenship and Immigration Services (USCIS) requesting treaty investor status.
You will need to provide documentation confirming citizenship of a treaty country and information about your investment enterprise, demonstrating that it makes commercial sense and will contribute to the US economy (and is not a marginal enterprise solely).
Can I travel in and out of the US on an E-2 Visa?
Yes, you can travel in and out of the US as long as your E-2 Visa is valid.
Can I live anywhere in the US with an E-2 Visa?
Yes, you can live anywhere in the US while holding an E-2 Visa, as there are no restrictions on the location of your business.
What happens if the business venture fails? Do I lose my E-2 Visa?
If your business is no longer operating and you fail to meet the visa requirements, you may lose your visa status as a treaty investor.
Can money gifted by a family member be used for the E-2 investment?
Yes, gifted funds from family members or from other sources can be used for the E-2 investment, but you must be able to demonstrate the legitimacy of the gift.
Which countries participate in the E-2 program?
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Portugal, Republic of Congo, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan (Republic of China), Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, and the United Kingdom.
Can New Zealand nationals apply for an E-2 Visa?
Yes, New Zealand was the most recent country to join the list of E-2 visa countries, having agreed the Knowledgeable Innovators and Worthy Investors (KIWI) Act in 2018. This means that New Zealand nationals are eligible to apply for both the E-1 and E-2 visas, provided they meet the requirements. With a successful E-2 Visa application, a New Zealand national can have multiple entries to the US, and the visa can be renewed multiple times.
Is the E-2 Visa available to Costa Ricans?
Yes, Costa Rica has a relevant treaty, which entered into force in 1852, making Costa Rica one of the longstanding nations in the list of E-2 countries.
