The E-2 Treaty Investor Visa

Employment-Based Immigration

Overview of the E-2 Visa

The E-2 Treaty Investor Visa allows nationals of countries with which the United States maintains a treaty of commerce and navigation to invest in and manage a business in the U.S. Unlike the EB-5 green card program, the E-2 is a nonimmigrant visa, meaning it does not provide a direct path to permanent residency. However, it allows entrepreneurs, executives, and essential employees to live and work in the United States as long as they maintain their investment and business operations.

E-2 visa holders can also bring their spouse and children under 21, making this a flexible and family-friendly option for international investors.

Benefits of the E-2 Investor Visa

The E-2 visa offers a range of advantages for investors and entrepreneurs:

Lower investment threshold compared to EB-5 (no fixed minimum, but must be substantial).
Ability to renew the visa indefinitely as long as business operations continue.
Spouses may apply for work authorization (EAD).
Children can attend school or college without a student visa.
Quick processing times compared to many other work visas.

Documentation Needed for an E-2 Visa

Applicants generally need to provide:

Form DS-160 (Nonimmigrant Visa Application).
Form DS-156E for investor classification (if applying abroad).
Business formation documents (LLC, partnership, or corporation records).
Proof of treaty country nationality.
Evidence of investment (bank transfers, contracts, purchase agreements).
Business plan demonstrating profitability and job creation.
Tax records, financial statements, and payroll records (if applicable).
Proof of lawful source of investment funds.

The E-2 Visa Application Process

The process depends on whether you are applying abroad or inside the U.S.:

Consular Processing: Submit documentation to the U.S. consulate in your treaty country, followed by an interview.
Change of Status in the U.S.: File Form I-129 with USCIS.
Approval typically grants a two-year stay, with extensions available in two-year increments.

Maintaining E-2 Visa Status

Once approved, you must continue to meet the requirements:

Keep the business active and profitable.
File for extensions on time (every two years).
Ensure that dependents maintain valid status.
Avoid engaging in unauthorized work outside the E-2 enterprise.

Common Questions About the E-2 Visa

How much investment is required?
There is no set minimum, but the investment must be “substantial,” generally between $100,000 and $250,000 or more depending on the business.

Can I apply for a green card with an E-2 visa?
The E-2 is a nonimmigrant visa, but some investors transition later to EB-5 or family/employment-based green cards.

Can my spouse and children come with me?
Yes, your spouse and children under 21 can join you, and your spouse may work legally with an EAD.

Can I start a new business on an E-2?
Yes, as long as the business is real, active, and meets the profitability requirements.