Investors
E2 Visa: Everything You Need to Know
The E2 visa is a temporary work visa for investors who have contributed money to a new or existing U.S. business and will be creating jobs. Usually requires over $100,000 investment in the business and proof of source of funds.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
6 min read • Feb 14, 2024
Key takeaways
The E2 investor visa allows investors to live and work in the U.S.
The E2 visa duration is up to 5 years and can be extended indefinitely
Any kind of businesses can qualify for an E2 visa, and you can invest in an existing or new business
Investor visa is only for citizens of specific countries with treaties with the U.S. See full list below.
The E2 visa processing time can be as short as 15 business days under Premium Processing program
Our E2 visa lawyers are experienced in these visa types and can help you present the strongest case to the USCIS
The E2 visa (also known as the investor visa) is a temporary work visa made for investors who have contributed money to a new or existing U.S. business and will be creating jobs.
E2 visa is designed to encourage foreign investment and make it easier for people contributing to the American economy to make their move.
To meet the E2 visa requirements, you must:
Be a citizen of a country that has a qualifying treaty with the United States
Invest a substantial amount of money in a U.S. business
Be coming to the United States to run the business
If you're ticking these boxes, the E-2 visa could be your pathway for immigrating to the U.S. and making a positive impact on the U.S. economy.
💡 Did you know?: Over 90% of all E2 visa applications have been approved by USCIS in 2023. Simpler requirements for an E2 visa make it an attractive visa options for nationals of treaty countries listed below.
Take our simple and free online quiz to find out if you meet the visa requirements
Albania
Argentina
Armenia
Australian
Austria
Azerbaijan
Bahrain
Bangladesh
Belgium
Bolivia
Bosnia
Bulgaria
Cameroon
Canada
Chile
China (Taiwan)
Colombia
Congo (Brazzaville)
Congo (Kinshasa)
Costa Rica
Croatia
Czech Republic
Denmark
Ecuador
Egypt
Estonia
Ethiopia
Finland
France
Georgia
Germany
Grenada
Honduras
Ireland
Israel
Italy
Jamaica
Japan
Jordan
Kazakhstan
Korea (South)
Kosovo
Kyrgyzstan
Latvia
Liberia
Lithuania
Luxembourg
Macedonia
Mexico
Moldova
Mongolia
Montenegro
Morocco
Netherlands
New Zealand
Norway
Oman
Pakistan
Panama
Paraguay
Philippines
Poland
Romania
Senegal
Serbia
Singapore
Slovak Republic
Slovenia
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Thailand
Togo
Trinidad & Tobago
Tunisia
Turkey
Ukraine
United Kingdom
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Usually, determining your individual citizenship is straightforward. For most people, it’s the country that issues your passport.
💡 Manifest Tip: If you got your nationality in a treaty country through a financial investment, you will need to show that you lived in that country for at least 3 years before applying for the E2 visa.
Navigating the nationality of a business can add a bit of complexity, so let's break it down. Generally, a business's nationality is tied to the nationality of its individual owners. For instance, if you as a French citizen, own the entire business, it's considered French too.
USCIS doesn't care so much about where the business is incorporated, but who the owners are. At least 50% of the business must be owned by individuals from a treaty country. Now, if ownership is evenly split (50-50), you've got to choose one country for the US E2 visa.
If you're investing through/in a public company on the stock exchange, USCIS will assume the company’s nationality is where the exchange is located.
💡 Manifest Tip: When figuring out a business's nationality, the stock shares owned by U.S. permanent residents don't count.
Not sure if you meet the E2 visa requirements?
Reach out to us and schedule your E2 visa evaluation. Our Immigration lawyers have done over a thousand E2 Visas
What is considered a “substantial” investment for E2 visa?
A “substantial” E2 visa investment amount should be proportional to what your business needs (a proportionality test), which varies based on the business: more expensive businesses will require bigger investments.
For example, a manufacturing business, such as an automobile manufacturer, might easily cost many millions of dollars to either purchase or operate. On the other hand, the cost to purchase an existing consulting firm may only be around $100K.
💡 Manifest tip: Inheriting a business doesn't count as an investment for E2 visa requirements!
To show that your investment is “substantial” for your E2 visa application, you will need to include a business plan or analysis showing in detail how much it costs to establish or buy the business. Then, you can compare this amount with your total investment in the company. Manifest lawyers will help you draft a business plan for your E2 Visa.
Examples of investments that met "Substantial investment" requirement for E2 visa
Investment to launch a financial services company
Investment in a veterinary clinic
Investment in a liquor store
Investment in a real estate portfolio
What is the proportionality test?
With a “proportionality test”, USCIS will compare the amount of money invested with the total investment size. The higher the percentage of your investment, the better. For instance, if you're putting in 100% of the required capital for your business, that's a clear signal of a substantial investment.
However, the required percentage can vary based on the business's overall cost. A low-cost business might demand a higher percentage, while a pricier venture might find a lower percentage sufficient. Again, the rules here aren’t super-clear – there are no set percentages and it depends on the specific circumstances.
Here's a practical E2 visa investment example: an investment of $100,000 for a startup could be considered substantial if it covers 100% of the business cost. On the flip side, a $10 million investment in a $100 million business is also seen as substantial due to its significant dollar value, even if it's a fraction of the total cost.
To meet the E2 visa requirements, your investment should demonstrate a genuine commitment to developing the business, not just serving as small, passive funding.
How do I show how much the business costs?
For an existing business, the cost is usually its purchase price, often referred to as the fair market value. For a brand new business, the cost encompasses the expenses involved in setting it up and getting it operational, as outlined in your business plan.
In most cases, the cost is determined through invoices, contracts, appraisals, audits, and other similar records.
Does it matter where the money for the E2 visa investment amount comes from?
You can use money from various sources for your E-2 visa investment amount, like savings, gifts, inheritance, winnings, or loans backed by your personal assets. It doesn't have to be from outside the U.S., but it must be legal (the money cannot be not from illegal activities).
USCIS will ask for documents confirming the source of the funds that you are investing, like pay records, bank transfer records, and other financial documents. You also need to show that you own and control the invested money and assets in order to meet the E2 visa requirements.
Don't have a business to invest in?
No worries!
Manifest Law has a network of business owners looking to raise capital from outside investors. We will be happy to help you!
How many jobs do I need to create?
What is “marginality”?
Can I start a new business with an E-2 visa?
💡 Manifest tip: You do not necessarily need a physical office space to qualify for an E2 business visa. Although, having physical office space may be helpful to strengthen your E2 visa approval chances.
Can E2 visa lead to Green Card?
Need a business plan for your E2 visa?
Here at Manifest Law, we have vetted partners who can help you build a business plan for your E2 visa application.
The Form I-129
If you are filing from within the U.S. (as a change from another status), the time to receive an E2 visa decision after filing is usually about 1 or 2 months.
You can download form i-129 below for free.
Or check out our comprehensive manual on how to complete your Form i-129 here.
When can I start working under an E2 Visa?
If you are applying from INSIDE the United States (as a change from another status, for example), you change to E2 visa status on the approved start date.
If you are applying OUTSIDE the United States, you will need to make an appointment to get an E2 visa stamp at the consulate, and can then come into the U.S. with that visa to start working under E2 visa status.
Generally speaking, the fees for an E2 visa application include:
E2 visa lawyer fees
Government fees and other costs
E2 visa lawyer fees
When it comes to lawyer fees for an E2 visa, they can vary depending on who you go to. For a more personalized touch, we suggest checking out smaller immigration law firms that specialize in E2 visas like Manifest Law where our E2 visa lawyer fees start at $7,500 and can be paid over 6 months.
E2 processing fees
Below is a summary of the current government filing fees for the E2 visa according to USCIS.
Most Organizations
Organizations with fewer than 25 employees
Nonprofits
I-129 Fee
$1,015
$510
$510
Asylum Program Fee
$600
$300
N/A
TOTAL
$1,615
$810
$510
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Since E2 visa applications can be complex and involve a lot of paperwork, many people find it helpful to work with a lawyer.
Hiring an E2 visa lawyer can help you avoid costly mistakes and increase your E2 visa approval rate. Qualified immigration lawyers know how the E2 visa process works, can help you gather the right evidence, and make sure you meet the E2 visa requirements.
Here at Manifest Law, we only work with experienced E2 visa lawyers. We offer flexible payment plans stretching up to 6 months, a visa-approved or money-back guarantee (terms apply), and immigration lawyers who are well-versed in the E2 visa process.
What should I look for in an E2 visa lawyer?
What is the difference between an E1 and E2 visa?
What is the minimum E2 visa investment amount?
Can I convert from an E2 visa to green card?
Can I bring my spouse/children with me when I am on an E-2 visa?
Can I extend or renew my E-2 visa?
Can I bring employees with me on an E-2 visa?
