Unlimited Visas
Initial Validity
Renewable Forever
Treaty Countries
Four essential criteria for E-2 Treaty Investor status
You must be a citizen of a country that has a treaty of commerce and navigation with the United States. Over 80 countries qualify, including major economies and emerging markets.
The investment must be substantial in relation to the total cost of the business. While there's no legal minimum, most successful applications involve investments of $100,000 to $200,000 or more.
You must invest in a real, operating commercial enterprise. The business must be active and for-profit. Passive investments like real estate, stocks, or bonds do not qualify for E-2 status.
You must actively develop and direct the business enterprise. This means you should be involved in day-to-day operations, strategic decisions, and business management—not just a passive investor.
Important: You must demonstrate intent to depart the U.S. when E-2 status ends (nonimmigrant intent), though in practice, this is flexible as E-2 can be renewed indefinitely.
Understanding substantial investment and qualifying business options
You must prove the investment capital was obtained through legal means and is not derived from criminal activity. USCIS requires comprehensive documentation showing the path of funds from source to U.S. business.
USCIS conducts thorough review of fund sources. Maintain detailed records showing how you earned, saved, or obtained every dollar invested. Unexplained deposits or gaps in documentation can lead to denial.
Your investment must be at risk and subject to potential loss if the business fails. This distinguishes E-2 from passive investments.
Step-by-step guide to obtaining your E-2 Treaty Investor visa
Confirm that your country of citizenship has an E-2 treaty of commerce and navigation with the United States.
Find and secure a qualifying U.S. business to purchase, start, or invest in.
Commit and deploy your capital into the U.S. business. Investment must be "at risk" and irrevocable.
Develop a detailed business plan demonstrating the business is not marginal and will generate significant economic benefit.
Gather all required documents proving treaty nationality, investment source, business viability, and your qualifications.
Fill out the Online Nonimmigrant Visa Application (Form DS-160) and print the confirmation page.
Pay the visa application fee, schedule your interview at the U.S. Embassy/Consulate, and attend with all documentation.
Comprehensive documentation package for successful E-2 application
E-2 visa approval heavily depends on the quality and completeness of your documentation. USCIS requires comprehensive proof of investment source, business viability, and your qualifications. Missing or inadequate documentation is the #1 reason for E-2 denials.
USCIS conducts thorough review of where your investment funds came from. You must show a clear "paper trail" documenting how you earned, saved, or lawfully obtained every dollar invested. Unexplained large deposits, gaps in documentation, or inconsistencies will trigger RFEs (Request for Evidence) or denials.
If your business has or will have U.S. employees, provide documentation to strengthen your case:
Before your visa interview, ensure you have:
Bring your family and spouse can work anywhere in the U.S.
E-2 spouses automatically qualify for work authorization! They can apply for an Employment Authorization Document (EAD) and work for any employer in the United States—no sponsorship needed.
Unmarried children under 21 can accompany or join E-2 principal investor in the United States.
Children lose E-2 dependent status when they turn 21 or get married. Plan ahead for their transition to F-1 student status, H-1B work visa, or other immigration pathway before they age out.
E-2 dependent children cannot work automatically. However, they can:
Compare E-2 spouse work authorization with other popular visa categories:
| Visa Type | Spouse Work Authorization | Children Education |
|---|---|---|
| E-2 Treaty Investor | ✓ Automatic EAD Eligibility | ✓ Any School |
| H-1B Specialty Occupation | ✓ Can Apply for EAD | ✓ Any School |
| L-1 Intracompany Transfer | ✓ Can Apply for EAD | ✓ Any School |
| F-1 Student | ✗ No Work Authorization | Limited |
| B-1/B-2 Tourist | ✗ No Work Authorization | ✗ Cannot Study |
E-2 offers one of the best family benefit packages among nonimmigrant visa categories. The ability for your spouse to work freely while you build your business provides financial flexibility and stability for your family.
Common questions about E-2 Treaty Investor visa
There is no legal minimum investment amount for E-2 visa. However, the investment must be "substantial" relative to the total cost of the business.
In practice:
E-2 is not a dual intent visa, meaning you must maintain intent to return to your home country when your E-2 status ends. However, you can pursue green card through other pathways:
Green Card Pathways from E-2:
Over 80 countries have E-2 treaties with the United States. You must be a citizen (not just resident) of a treaty country to qualify.
Popular E-2 Treaty Countries Include:
Yes! This is one of the biggest advantages of the E-2 visa.
E-2 spouses can apply for an Employment Authorization Document (EAD) and work for any employer in the United States. There are no restrictions on:
Children under 21:
E-2 dependent children can attend school but cannot work unless they obtain their own work authorization through another visa category (like F-1 OPT after turning 21).
E-2 visa processing typically takes 2-4 months from application submission to visa approval. However, timing varies based on several factors:
Processing Timeline Breakdown:
Factors Affecting Processing Time:
Almost any legitimate, active commercial business qualifies for E-2 visa. The business must be:
Popular E-2 Business Types:
Schedule a free consultation with our E-2 visa specialists to get personalized answers for your specific situation.
The E-2 Treaty Investor visa offers entrepreneurs an excellent pathway to live and work in the United States. Our experienced immigration consultants help you navigate the complex E-2 application process, from business planning and investment structuring to documentation preparation and interview coaching.
Expert guidance • Business planning • Success strategies
Deep E-2 investment knowledge
Professional plan development
Optimal investment structuring
Proven E-2 success record
Compare E-2 with alternative visa options
For treaty country nationals conducting substantial international trade between their country and the United States.
Direct path to U.S. green card with $800K-$1.05M investment. Unlike E-2, EB-5 leads to permanent residency.
Transfer from foreign company to U.S. branch/subsidiary. Ideal if you already own a business abroad and want to expand to U.S.
| Feature | E-2 Treaty Investor | EB-5 Immigrant | L-1 Transfer |
|---|---|---|---|
| Investment Amount | $100K-$200K+ typical | $800K-$1.05M required | No minimum (must be substantial) |
| Validity Period | 5 years (renewable indefinitely) | Conditional 2 years → Permanent | L-1A: 7 years, L-1B: 5 years |
| Green Card Path | No direct path (can pursue separately) | Direct green card | Can transition to EB-1C |
| Treaty Requirement | Yes - 80+ countries | No - All countries | No - All countries |
| Spouse Work Authorization | Yes - EAD | Yes - Green Card | Yes - EAD |
| Processing Time | 2-4 months | 18-36 months | 2-4 months |
| Job Creation | Preferred, not required | Must create 10 jobs | Not required |
Choose E-2 if you:
Choose EB-5 if you:
Choose L-1 if you: