E-2 Visa – Treaty Investor Visa
Are you a foreign investor looking to live and work in the U.S. while managing your own business?
The E-2 Visa, also known as the Treaty Investor Visa, is a nonimmigrant visa that allows citizens of treaty countries to enter the United States to develop and direct a business in which they have invested—or are actively investing—a substantial amount of capital. This investment visa is ideal for entrepreneurs, small business owners, or startup founders who want to run their own enterprise in the U.S.
Who qualifies for an E-2 Visa?
To be eligible for an E-2 Visa, you must meet the following criteria:
- Treaty Country Citizenship: You must be a citizen of a country that maintains a commerce and navigation treaty with the U.S.
- Substantial Investment: You must have invested, or be in the process of investing, a significant amount of capital in a U.S. business.
- Ownership or Control: You must own at least 50% of the enterprise or hold a key managerial position.
- Business Must Be Active: Passive investments, like owning property, do not qualify.
- Intent to Depart: You must intend to leave the U.S. once your E-2 status ends.
What is considered a substantial investment?
There is no fixed minimum, but your investment must be sufficient to ensure the success of the business. Generally, amounts over $65,000 USD are considered substantial for most startups or small businesses.
Benefits of the E-2 Visa
- Live and work in the U.S. legally.
- Bring your spouse and children (under 21). Spouses can apply for work authorization.
- Unlimited renewals as long as the business remains operational and meets the visa requirements.
- Start or buy a business in the U.S. and control its operations.
- Travel freely in and out of the United States.
How to apply for an E-2 Visa
Filing a petition for a Treaty Investor Visa
The process includes:
- Business formation and structuring your investment.
- Gathering documentation to prove investment source and business viability.
- Filing DS-160 and scheduling a consular interview if applying abroad.
- If inside the U.S., filing Form I-129 to change or extend status.
Working with an experienced E-2 visa attorney can significantly improve your chances of success.
How long can I stay in the U.S. with an E-2 Visa?
The initial stay is typically granted for 2 years, but you can renew it indefinitely in 2-year increments as long as the business continues to meet E-2 requirements. This makes the E-2 visa for investors a flexible and long-term option.
Can I apply for a Green Card while on an E-2 Visa?
While the E-2 is a nonimmigrant visa and does not directly lead to a Green Card, some E-2 visa holders may later adjust their status through employment-based options like the EB-5 investor visa, or family-based immigration paths.
Why choose Immigration Universe to handle your E-2 Visa case?
We understand that investing in a U.S. business is a major decision. Our team, led by attorney Ileana Rivera, will guide you through every step, from business planning to visa application. We help ensure that your investment meets legal requirements and your application is complete, clear, and compelling.
- Personalized legal strategy
- Transparent process and updates
- Experience with high-approval E-2 visa cases
- Spanish and English support
Let’s get started today
The E-2 Visa, also known as the Treaty Investor Visa, is a nonimmigrant visa that allows citizens of eligible treaty countries to live and work in the United States by investing in and managing their own business.
This visa is ideal for:
- Entrepreneurs launching a startup
- Small business owners expanding into the U.S.
- Investors actively involved in managing operations
To qualify, you must make a substantial investment in a U.S.-based business and demonstrate your commitment to growing and directing the company.
At Immigration Universe Attorneys, we guide you through every step — from evaluating your eligibility to preparing your business plan and visa petition.
The E2 visa requirements are as follows:
- The principal investor must have the nationality from an E2 visa treaty country. Dual citizens also qualify. For example, if you are a Brazilian national who also has an Italian citizen, you qualify for an E2 visa. You can click here to see the full list of E2 visa countries.
- You must have invested or be in the process of investing, a substantial amount of capital in a real enterprise.
- The money you invested must be “at-risk”. At-risk means that you actively spent the investment funds in your business. Loans secured with the enterprise’s investment assets are not considered “at-risk.”
- The principal investor must intend to enter the United States to direct and develop the business. As an E2 visa holder, you must own and control at least 50% of the business.
- Your investment must not be marginal. Marginal means that your business must generate significantly more income than just to provide a living for you and your family.
- The investment must have a significant economic impact in the United States. This generally means that your investment must create new jobs.
- The investment funds must be traceable. You must show the U.S. government that you obtained the investment funds by legitimate means. The investment funds can be obtained through employment, sale of an asset, a gift, or other legitimate forms.
- If the E2 visa applicant is not the principal investor, he or she must work in a supervisory, executive, or highly specialized skill capacity.
How many employees am I required to hire for the E2 visa?
The law does not define the minimum number of employees you must hire. This number depends on the type of business you choose. For example, a large restaurant needs significantly more employees than a coffee shop.
How much is the E2 visa Fee?
Visa fees are currently $205.00 per person. The investor pays, as well as the spouse and children under the age of 21. They all pay the same rate.
Do I need a company oversees?
No. The principal investor is not required to have a company overseas to apply for the E2 visa. However, the principal investor must maintain ties to his or her home country.
Can I get an E2 visa by buying an existing business?
Yes. Investors can purchase an existing business or start a new business enterprise. Investors who wish to buy an existing business are encouraged to buy a financially stable business. We encourage our clients to seek professional financial advice to avoid risks.
Are there geographical limitations for the business?
No. The business can be located anywhere in the United States.
Can the E2 visa holder sell and open another company?
No. The E2 visa investor must come to the United States for the sole purpose of developing and managing the E2 business.
Individuals typically apply for an E2 visa directly to the Consulate or Embassy, where they will have the interview. This process is called the “consular process.” The consular process allows the E2 visa applicant to appear for an interview relatively quickly. Once the visa is approved, the E2 visa holder and dependents have their passports stamped with the E2 visa. The visa allows them to immediately enter the U.S. as E2 visa holders.
The E2 visa applicant must complete Form DS-156E to apply for an E2 visa. The applicant and each family member applying for the E2 visa must also submit a Form DS-160 per person and pay the applicable visa fees.
The processing times depend on the Embassy or Consulate, where the E2 visa interview takes place. However, a complete and accurate application package requires some time to prepare. The package must be complete before the application for the visa is submitted.
The other option is a “change of status” through USCIS while in the U.S. This route usually takes significantly longer than the consular process. Since USCIS receives a large number of applications, their processing times are generally 7-10 months to change status in the United States.
An applicant wishing to pursue a change of status must submit Form I-539 Application to Change Nonimmigrant Status, Form I-129 Petition for a Nonimmigrant Worker, plus the E2 visa supporting documents and pay the applicable USCIS fees. If the change of status is granted, USCIS will require the renewal of the E2 visa every two years and payment of the applicable fees. The USCIS will mail the investor an approval letter; however, the E2 visa will not be stamped in the passport.
The United States has kept a strong and robust economy, which investors find appealing. The E2 visa is also generally less stringent than other investor’s visas. Applicants have the flexibility to spend significantly less money than other investment visa options. Since there is no minimum investment requirement, it is very desirable for investors. However, the amount of investment must be enough to establish, develop, and operate a profitable business that meets the criteria above.
Can my family group get an E2 visa?
The E2 visa allows investors to bring their spouses and children under the age of 21 to the United States. After entering the U.S. with the E2 visa, the investor’s spouse can submit Form I-765 with the USCIS to apply for the work authorization. Children can attend public school. In some states, children may qualify for state tuition at state universities up to age 21. However, children do not qualify for work authorization.
How long does the E2 visa Last?
The E2 visa expires in 5 years. However, E2 visa holders can stay in the United States for a maximum of 2 years after entry. Every 2 years, the E2 visa holders must leave the United States, even for a day, and reenter. Upon reentry, the E2 visa holders receive a new 2-year period of stay.
Can I change the E2 visa for a Green Card later?
The E2 visa itself does not lead to a green card. However, E2 visa holders can explore other visa options to obtain permanent residency.
E-2 Visa – Treaty Investor Visa
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Whether you’re launching a new business or buying into an existing one, our E-2 visa attorney will help you turn your investment into a U.S. visa opportunity.