What Is the E-2 Visa? A Guide for Treaty Investors

Key takeaways

The E-2 visa is for applicants from certain treaty countries who want to invest in a U.S. business.
The applicant must make a substantial investment in the U.S. business, typically $100,000 or more.
Applicants can buy or invest in an existing business, or start a business of their own.
The initial period of stay with an E-2 visa is up to two years, and the visa can be renewed every two years.

If you’re an entrepreneur or investor located outside the United States and you’re looking to start or buy a business in the U.S., the E-2 visa is one of the most flexible pathways available. Also known as the treaty investor visa, the E-2 visa allows foreign nationals from certain countries to live and work in the U.S. based on a qualifying investment in a U.S. business. Officials at U.S. Citizenship and Immigration Services (USCIS) will particularly want evidence that the business can help grow the U.S. economy, typically by creating American jobs.

What is the E-2 visa?

The E-2 is a nonimmigrant visa that allows nationals of treaty countries to live and work in the U.S. by investing a substantial amount in a U.S. business. The foreign national can start their own business, buy an existing business, or invest significantly in an existing business.

E-2 visas are commonly used by entrepreneurs launching startups, purchasing existing businesses, or expanding operations into the U.S. Unlike most U.S. work visas, the E-2 visa focuses less on the type of job or business, and more on the foreign national’s ownership and investment in the business. Importantly, the investor must also be from one of around 80 countries that have a qualifying treaty with the U.S.

E-2 visa requirements

There are several requirements that any investor and business must meet to qualify for an E-2 visa.

1. Treaty country requirement

The investor must be a citizen of an existing E-2 treaty country. The Department of State maintains a list of about 80 eligible countries that have a treaty of commerce and navigation with the U.S. The list does change over time, so double-check your home country’s status before applying.

2. Substantial investment

The minimum E-2 investment you should make will depend on the kind of business in which you invest. As examples, purchasing a landscaping business for $100,000, meaning you own a 100% portion of the business, would likely give a strong case for an E-2 visa. So would investing $1 million in a $15 million tech startup. Even though the proportion is less in the tech startup, the amount invested is substantial.

Know that inheriting a business doesn’t count as an investment for an E-2 visa petition.

3. Real and operating enterprise

The business must be a real, active commercial enterprise that is producing goods or services. Passive investments like real estate or stocks generally don’t qualify. Remember, a major goal of the E-2 visa program is that the investment should add to the U.S. economy, typically by creating jobs.

4. At-risk investment

The funds you invest must be at risk, meaning the capital is committed to a bona fide business and subject to partial or total loss if the business fails. While USCIS wants to see a business plan that shows potential for growth, a guaranteed return on investment won’t get you an E-2 visa.

5. Non-marginal business

The business cannot be considered marginal, meaning the business must have the capacity to generate more than just enough income to support the investor and their family members. USCIS will look at projected income and workforce growth when deciding if the business has the necessary growth potential. There is no minimum number of U.S. jobs that an E-2 visa holder must commit to, but five years is the benchmark for showing that the business will be able to grow its income or will need to hire employees.

6. Investor develops and directs enterprise

Usually, the investor must own at least 50% of the business. In some cases, E-2 visas are granted to petitioners who have less ownership but showcase operational control through a managerial position, company bylaws, or other corporate means.

💡 Manifest tip: Having physical office space or other physical presence may be helpful to strengthen your E-2 visa approval chances.

What counts as a substantial investment for the E-2 visa?

There’s no fixed investment threshold for the E-2 visa, but several factors play into immigration officers’ evaluation. In general, the investment must be:

Sufficient to ensure the successful operation of the business
Proportional to the total cost of purchasing or creating the business
Enough to make the business viable and non-marginal

For lower-cost businesses, a higher percentage investment is typically required. For higher-cost businesses, a lower percentage may still qualify if the dollar amount is significant. You should also show plans to grow the business to the point where you could hire U.S. employees within five years.

Examples of substantial E-2 visa investments

$85,000 investment to launch a financial services company
$250,000 investment in a veterinary clinic
$100,000 investment in a liquor store

🔗 Learn more about how much you need to invest in an E-2 business.

Benefits of the E-2 visa

The E-2 visa offers several advantages for investors and entrepreneurs over many employment-based visas.

Renewable indefinitely: If you continue to meet the visa requirements, you can continue to extend your E-2 status in two-year increments.
No annual cap: There is no lottery system or annual limit on the number of E-2 visas.
Spouse work authorization: Spouses of E-2 visa holders can apply for work authorization in the U.S.
Employee eligibility: Key employees from the same treaty country may also qualify for E-2 visas.
Flexible business options: The E-2 allows you to start a new business or purchase an existing one.

One thing to remember is that the E-2 is a temporary work visa, meaning you cannot become a permanent resident with it. USCIS will look to see that you’re treating it as a temporary visa, and that you intend to depart the U.S. if your visa is terminated or expires.

E-2 visa vs. E-1 visa

Both the E-2 and E-1 visas are treaty-based, but they serve different purposes:

E-1 visa: For businesses engaged in substantial international trade between the U.S. and a treaty country—generally, import/export businesses
E-2 visa: For individuals investing substantial capital in a U.S. business, whether starting their own business or buying an existing one

If your focus is on building or buying a business in the U.S., the E-2 visa is generally the better fit. You can learn more about which visa type is right for you in our deep dive on E-2 vs. E-1 visas.

How to apply for an E-2 visa

1. Make the necessary investment

You must commit your funds to the U.S. business before applying. This often includes signing leases, purchasing equipment, or acquiring a business. You can put the funds in escrow until your E-2 visa is approved, but you must demonstrate that you already have the funds needed.

2. Prepare documentation

Be prepared to submit documents that show you are from an eligible treaty nation, your investment funds were acquired legally, and that your business will meet E-2 growth requirements. Potential documents include:

Proof of nationality
Evidence of business investment (bank records, wire transfers, contracts, etc.)
Evidence that your money was obtained legally (bank receipts, tax returns, etc.)
Business plan showing viability and growth
Ownership documents
Financial projections

👉 Unsure what documents you need? Don’t guess. Talk with an experienced E-2 immigration attorney today about getting your visa.

3. File the E-2 visa application

If you’re living outside the U.S., you’ll apply through a U.S. embassy or consulate. The application requires at least Form DS-160 and DS-156E.

If you’re already in the U.S. with a valid immigration status, you may file Form I-129 with USCIS to begin the process of changing to E-2 status.

4. Attend the visa interview

Most applicants will attend an interview with an immigration official to explain their investment and business plans. There is also a required medical exam and biometrics appointment for necessary security and background checks.

🧑‍💼 Curious how others in your field made it work? Manifest Law’s experienced attorneys have helped thousands of immigrants secure their future in the U.S. Explore our visa approval notices and success stories to learn how we helped founders, researchers, and artists like you turn their stories into winning petitions.

How long can you stay on an E-2 visa?

E-2 visas are typically granted for up to two years per stay, with the option to renew indefinitely as long as the business remains active and meets visa requirements. Visa validity periods (the time the visa stamp is valid) vary by country, but extensions of stay in the U.S. are generally granted in two-year increments.

For most treaty countries, E-2 visa validity, meaning the time during which you’re allowed to enter the U.S. after receiving your visa, is 5 years, though it can be as short as three months for some nations.

Get help on your U.S. investment plan

The E-2 visa application is highly document-driven, and preparation is critical. Missing information or small inconsistencies across your documents can lead to significant delays or potentially a denial. The experienced immigration attorneys at Manifest can help you put together a thorough business plan and a strong E-2 visa application.

👉 Request a consultation with Manifest Law’s experienced immigration lawyers now.

FAQs for E-2 visas

How much money do I need for an E-2 visa?

There is no minimum investment amount, but many successful applications involve investments of $100,000 or more. The key is that the investment must be substantial relative to the type of business you’re investing in.

Can I buy an existing business for an E-2 visa?

Yes, you can qualify for an E-2 visa if you’re buying an existing business or opening a franchise.

Can my family join me on an E-2 visa?

Yes, your dependents, meaning your spouse and unmarried children under 21, can join you in the U.S. on an E-2. Spouses can also apply for work authorization.