The E-2 treaty investor visa allows nationals of treaty countries to live and work in the United States based on substantial investment in a U.S. business. Unlike employment visas requiring employer sponsorship, E-2 lets you create your own opportunity by starting or buying a business. E-2 has no annual cap, can be renewed indefinitely, and allows spouses to work.
Understanding E-2 requirements helps entrepreneurs from qualifying countries plan their path to U.S. business ownership.
Basic E-2 Requirements
E-2 requires nationality of a treaty country—a country with an investment treaty with the United States. Not all countries qualify; check the State Department's list to confirm your country has a qualifying treaty.
You must invest or be in the process of investing a substantial amount of capital in a bona fide enterprise. The investment must be at risk, generating profit rather than merely earning a living. The business must be more than marginal—it should have the capacity to generate enough income beyond supporting just the investor and family.
Substantial Investment
There's no fixed dollar amount for "substantial"—it's proportional to the total cost of the business. Generally, the investment should be substantial enough to ensure the investor's commitment and the business's success.
A lower-cost business (like a franchise) might require investment of 80-90% of total cost. Higher-cost businesses might qualify with proportionally smaller percentages. The key is demonstrating significant commitment of capital.
Investment must be "at risk"—subject to loss if the business fails. Money sitting in bank accounts, contingent investments, or loans don't qualify. Irrevocably committed funds in the business do.
Types of Qualifying Businesses
E-2 applicants can start new businesses, purchase existing businesses, or invest in franchises. The business must be a real, operating commercial enterprise—not passive investments like real estate held for appreciation.
The business must not be "marginal"—it should have current or future capacity to generate more than minimal income. This means either generating income well above what's needed to support the investor's family or significant job creation potential.
Business plans projecting growth and hiring strengthen applications, demonstrating the investment will benefit the U.S. economy beyond just the investor's livelihood.
The Application Process
E-2 visas are applied for at U.S. consulates abroad (or through status change if already in the U.S. on another visa). There's no USCIS petition—applicants apply directly with the consulate in their home country or country of residence.
Required documentation includes evidence of nationality, proof of investment, business formation documents, lease agreements, business plans, financial projections, and evidence of the investor's role in the business.
Consular officers evaluate whether the investment is substantial, the business is real and not marginal, and the investor will develop and direct the enterprise.
Duration and Renewals
E-2 visas are typically granted for periods of two to five years depending on the treaty country. E-2 can be renewed indefinitely as long as the qualifying investment continues.
There's no maximum period for E-2 status. Investors can maintain E-2 for decades if they continue operating qualifying businesses. This makes E-2 attractive for long-term U.S. presence.
Renewals require demonstrating continued investment and business operation. The business should be performing—struggling businesses may face renewal difficulties.
Family Members and Employment
Spouses and unmarried children under 21 can accompany E-2 investors on derivative E-2 status. E-2 spouses can apply for work authorization, allowing them to work for any employer—a significant advantage over many other visa categories.
Children can attend school but cannot work. They must change status or depart when reaching age 21.
Limitations of E-2
E-2 doesn't directly lead to a green card—there's no "dual intent" like H-1B. Applying for permanent residence while on E-2 can create complications, as E-2 technically requires intent to depart.
If you sell or close the business, E-2 status ends. The visa is tied to the investment. Planning for eventual permanent residence through other pathways is wise if long-term U.S. presence is the goal.
Getting Legal Help
E-2 applications require substantial documentation of investment, business plans, and qualification. Immigration attorneys experienced with E-2 help structure investments properly, prepare comprehensive applications, and anticipate consular officer concerns. They can also advise on business structures, long-term immigration planning, and coordination with other visa options. For an investment of substantial capital, professional guidance helps protect your investment and maximize approval chances.