Patricia Casaburi
E-2 Visa requirements are designed for foreign nationals of treaty countries who want to apply for the E-2 Visa. The E-2 is a non-immigrant visa that attracts individuals eager to move to the US, invest, and operate a commercial business.
Principal investors can sponsor family members and essential employees under the E-2 Visa. Here is a closer look at the applicable legal requirements, investment funds, and eligibility criteria.
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E-2 Visa Requirements for Applicants: Overview
The E-2 Visa (also known as the Treaty Investor Visa) is a nonimmigrant visa for citizens of certain countries that have signed a Treaty of Commerce and Navigation with the United States. The E-2 grants a lawful nonimmigrant status in exchange for a substantial investment in a US business and to direct and manage that business. Here is a list of the key E-2 Visa requirements.
National of a treaty country
To be eligible for an E-2 Visa, you must be a citizen of a treaty country and invest money in a real, active, and profitable US business. You would then move to the US to stay in charge of that business.
The money you invest must be at risk, and the business should provide enough income to support you and your dependent family. When that visa status ends, you must be ready to leave the country.
If you are an E-2 Visa employee, the US business you apply for must be owned or managed by nationals of a treaty country. At least 50 percent of that ownership should come from nonimmigrant treaty investors or applicants seeking admission to the country as E-2 investors.
Substantial investment in a US company
There is no set E-2 visa minimum investment. E-2 Visa applicants must invest or be in the process of investing a substantial amount of capital in a bona fide enterprise in the United States. This could be in a new or an existing business.
The business investment must be considered substantial (not marginal) and have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and dependent family. The investment funds ensure successful operation and ongoing business activity.
The funds invested must be at risk, meaning that if the business fails, they are subject to partial or total loss. This entrepreneurial undertaking can provide a significant economic impact and create jobs for US workers.
Bona fide enterprise
The investment enterprise must be active, real, and operating. Marginal enterprises, idle, or speculative investments don’t qualify.
Treaty investors must provide evidence of operating commercial enterprise, such as receipts, bank statements, leases, etc. The US government may select E-Visa applications that can bring a significant economic contribution.
Role in the qualifying business
If you are a treaty investor who seeks to develop and direct a business, you must prove at least 50 percent ownership or operational control through a managerial position.
If you’re an E-2 employee, you must have executive, supervisory, or specialized essential skills. For example, if you work for a mechanical workshop, you must be a skilled mechanic.
Intent to depart
The principal applicant must prove their intent to depart the United States once the E-status expires or they close the business. This visa is temporary, and you must return to your home country when that status ends.
Take a look at our E-2 Visa USA ultimate guide
Required Documentation
To meet the requirements for E2 Visa, you must provide the following documents:
- Proof of investment (i.e., escrow documents, wire transfers, sales invoices, lease contracts, franchise agreement, etc)
- Detailed business plan (especially for a new business)
- Evidence of actual business operations (i.e., business license, bank statements, sales contracts, advertising, etc)
- Valid passport
- Applicant resume (with relevant work or educational experience)
- Receipt of paid application fees
- Non-immigrant visa application (online form DS-160)
- Job letter (for E-2 Visa employees)
Legal Requirements for Family Members
E-2 Visa holders can sponsor family members, such as spouses and unmarried children. Dependent spouses receive an employment authorization document, allowing them to work in the US. Children on an E2 Visa can go to school but can’t work.
An E-2 Visa lawyer can streamline the application process and help collect the necessary documents. Legal experts can look at substantial trade agreements and boost your case. After all, E-2 Visa applications are risky undertakings, so getting legal advice can be highly beneficial.
Check out the power of the US passport with our passport index guide
E-2 Visa: Qualifying vs Non-Qualifying Investments
Qualifying investment | Non-Qualifying investment |
Real, active, and for-profit business (e.g., tech startup, restaurant, clothing store) | Passive investment (e.g., rental properties, stocks, underdeveloped land) |
A substantial amount of funds for a scalable business | Minimal funding that doesn't support business development |
At-risk funds | Loaned funds secured by business assets or held in escrow |
Active business management | Hands-off investments |
Created direct or indirect full-time jobs for US workers | No hiring plans |
E-2 Visa Application Process
Here is a step-by-step guide for the E-2 Visa process:
- Confirm eligibility: Check the US Department of State to make sure you are a citizen of a treaty country.
- Prepare your documents: Collect all necessary documents, such as proof of investment, business plan, and ownership documentation.
- Fill out the DS-160 form: Complete the form, pay the application fees, and provide any supporting documents.
- Book an interview at a US consulate or embassy: First-time applicants usually schedule and attend interviews to discuss their investment details and business plan.
- Wait for visa approval: Processing times vary, but you can choose premium processing to expedite the decision.
- Move to the US and start working: After receiving the E-2 Visa, you can start your business venture.
What is the E-2 Visa processing time?
The E-2 Visa processing time is different for each applicant based on their home country, because every treaty country has its own workload. Average consular processing can take about two weeks to a couple of months.
Premium processing allows applicants to expedite the wait time on the decision-making process to 15 business days for an additional (optional) fee of $2,805. Premium processing is available for certain petitions filed within the United States (like an I-129 petition for a change of status to E-2, or an extension of status).
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Frequently Asked Questions About E-2 Visa Requirements
Who is eligible for an E-2 Visa?
The E-2 Visa is for people from treaty countries. To be eligible, the person applying must invest money in a US business, then move to the US to manage and expand that business. The E-2 Visa is also available to employees of an E-2 business with executive, supervisory, or specialized knowledge and skills, such as managers or supervisors.
What is the minimum investment required for an E-2 Visa?
There’s no set dollar figure for the E-2 Visa. The investment funds must be substantial, so you should plan at least $80,000 to $100,000 to create a scalable business. A higher investment amount creates a good starting point for creating jobs for US workers.
Can I get an E-2 Visa with a $50,000 investment?
Even if there is no set minimum amount for the E-2 Visa, a $50,000 investment would probably not be enough working capital to set up a business. A good portion of that money must be irrevocably committed, often requiring a bigger upfront investment.
Do I need to invest all funds upfront for the E-2 Visa?
You don’t have to spend all your funds for the E-2 Visa, but a “significant portion” must be committed and at risk. The US government wants to see a genuine commitment to the enterprise, not just a promise to invest in your own business if the visa is approved.
Are there specific business types that qualify for the E-2 Visa?
The E-2 Visa doesn’t limit specific business types, but some of the most popular ones to get approved often include franchises, existing businesses, retail businesses, healthcare practices, consulting firms, manufacturing and production, and e-commerce. A treat investor’s financial commitment should promote job creation.
Can I apply for an E-2 Visa as a startup founder?
Yes, you can. Startup founders from treaty countries are eligible to apply for an E-2 Visa. In fact, numerous entrepreneurs and business professionals have moved to the USA under the E-2 Visa with enough income to start a new business.
Do I need to create jobs for US workers to get an E-2 visa?
Yes, it is an essential prerequisite. A successful enterprise should create jobs for US workers to ensure efficient operation. The main purpose of the E-2 Visa is to promote job creation and encourage foreign investment. So, if an applicant intends to hire more American workers, they are more likely to get approved for E-visas.
Can I use a loan as part of my E-2 visa investment?
Yes, a loan can be a major component of the applicant’s investment. However, the funds committed must come from personal assets, not the foreign business you want to invest in. The investment connotes that the loan you take can’t be used to secure a US business as collateral. This demonstrates a genuine commitment to the business’s projected future capacity.
How long is the E-2 Visa valid for?
E-2 treaty investors and employees receive an initial stay of two years. The valid visa can be extended indefinitely in increments of up to two years. You must continue to meet the E-2 Visa requirements during your stay. After the visa status ends, you must leave the country.
What is a treaty of commerce?
The Treaty of Commerce and Navigation is a formal, binding agreement between two countries. It makes it easier for both sides to do business and form diplomatic relations. The E-2 Treaty Investor Visa is only available to nationals of treaty countries, such as Canada, Costa Rica, France, and Japan. As of 2025, the United States maintains treaties with over 80 countries.
