Investors, Startups and Entrepreneurs
E-2 Treaty Investor Visa
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There’s a treaty in place:
You must hold citizenship from a country that has an investment treaty with the U.S. (It doesn’t have to be your home country — any nationality you hold counts.) -
You’re from that treaty country:
You personally—and the company—must have the nationality of that treaty country. -
You’ve invested (or are actively investing):
You must have already put money into the U.S. business, or be in the process of doing so. Just planning to invest isn’t enough. -
The business is real and operating:
It can’t be an idea on paper or a shell company. It needs to be an actual, active business providing goods or services. -
The investment is “substantial”:
You’ve invested enough money to make the business work—enough to show real financial commitment and ensure it can succeed. -
The business isn’t just for your own living:
It should be big enough to generate more than just enough income for you and your family—it should have the potential to create jobs or contribute to the economy. -
You’ll be running the show:
You must be coming to the U.S. to develop and direct the business, not just to work as an employee. -
Or you have a key role:
If you’re not the main investor, you must be coming to take on an executive/supervisory position or bring specialized skills the business really needs. -
You’ll leave when your status ends:
You must intend to depart the U.S. once your E-2 status is over—this isn’t a path to permanent residency on its own.
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Step 1: Fill out the DS-160 online visa application for each family member here.
Step 2: Create a visa application account and pay the MRV fee ($315 per person).
Depending on where you’re applying, you’ll do this through US Visa Info or Travel Docs.
Check the Embassy’s website for the exact steps — every location does things a little differently.
In most places, you’ll need to pay the MRV fee first, then email or mail your application packet before booking your appointment. The Embassy will review your documents, and once that’s done, they’ll let you know when you can schedule your interview.
The review process can take anywhere from a few weeks to a few months, depending on where you apply. If the Embassy needs anything else or has questions, they’ll usually reach out by email — either to you or your attorney.
If you’re applying in Mexico, keep in mind you’ll also need to go to a separate biometrics (ASC) appointment.
Step 3: Go to your visa interview. (Kids under 7 usually don’t need to attend.)
Step 4: Once your visa is approved, head to the courier office you selected to pick up your passports with the new visa stamps.
The visa itself can be valid for anywhere from 3 months to 5 years, depending on your nationality and the reciprocity agreement between your country and the U.S. You can check your country’s reciprocity details here.
When you arrive in the U.S., you’ll be given E-2 status for 2 years on your I-94 record — you can look up your I-94 here.
⚠️ Note: If your passport expires sooner, U.S. Customs and Border Protection will only grant E-2 status until your passport’s expiration date.
If you’re already in the U.S. and have valid status, your employer or company can file Form I-129 with USCIS to request a change of status to E-2.
⚠️ Note: You can’t apply for a change of status if you entered under the ESTA/Visa Waiver Program — in that case, you’ll need to apply for the visa from outside the U.S. instead.
⚠️ Note: A change of status can only be filed based on the passport and nationality you used to enter the U.S. In other words, you can’t enter the U.S. on a passport from Country A (that isn’t a treaty country) and then try to apply for E-2 status using a different passport from Country B (that is a treaty country).
Processing usually takes around 6 months, but premium processing is available for $2,500, which gets you a response in 15 calendar days.
Family members (spouse and unmarried children under 21) can also apply for a change of status by filing Form I-539.
If approved, you (and your family) will receive a new I-94 showing E-2 status valid for 2 years.
Keep in mind: this is just a status document, not a visa — meaning you can stay and work in the U.S., but if you travel abroad, you’ll need to get the actual visa stamp before coming back.
The process to file an extension or amendment of E-2 status is the same as filing the initial change of status.
Investor Treaty
How do I know if my country qualifies?
Check the list of E-2 treaty countries below or follow this link. If your country has a treaty with the U.S., you may be eligible.
Nationality
How is the nationality of the U.S. business decided?
It’s based on who owns the company, not where it’s incorporated.
How much of the business needs to be owned by treaty nationals?
At least 50% of the U.S. company must be owned by nationals of the treaty country.
Example: A U.S. business has four equal owners — two are Mexican nationals, one is a U.S. permanent resident from Mexico, and one is a U.S. citizen. In this case the company is 50% Mexican and 50% American, so it qualifies as a Mexican company for E-2 purposes.
What if the U.S. company is owned by another company?
You have to trace ownership through the corporate chain until you reach the individual owners to see where the majority nationality lies.
What if the parent company is publicly traded?
Then its nationality depends on where the stock is traded.
Example: If a Mexican company owns the U.S. business and its shares trade on the Mexican stock exchange, the U.S. business counts as Mexican.
What if my co-owner is from a different treaty country?
If ownership is split 50/50, and both of your countries have E-2 treaties with the U.S., both of you can qualify — even with different nationalities.
What if I have two nationalities and both countries have treaties?
You can choose whichever nationality works best for you.
Example: Visa validity depends on “reciprocity” and can range from 3 months to 5 years, so you might pick the nationality with the longer visa term.
What if one of the owners used to be from a treaty country but now they are a U.S. citizen or resident?
Unfortunately, they no longer count as a national of that treaty country for E-2 purposes.Do I need to keep a home abroad, like with a tourist or student visa?
No — you don’t have to maintain a foreign residence for the E-2. Usually, just a simple statement saying you plan to leave the U.S. when your E-2 status ends is enough.
When isn’t that enough?
This only becomes an issue if you’ve had immigration problems in the past — for example, if you entered the U.S. without permission, overstayed a visa, or worked without authorization. In those cases, officers may look for stronger proof that you plan to leave when your status ends.
Can an E-2 apply for residency (a green card)?
Yes — if you qualify for a residency category, you can apply while on E-2 status. Just keep in mind that the E-2 is a nonimmigrant visa, so once you file for residency, you can’t travel outside the U.S. unless you first get advance parole (travel permission).
What kinds of funds qualify?
Your investment must come from a legitimate source — income, savings, gifts, inheritance, contest winnings, or even a loan. You just need to be able to show where the money came from and how it got to your accounts.
Do the funds have to come from outside the U.S.?
No — your investment money can come from inside or outside the U.S.
Can I use a loan as part of the investment?
It depends. If the loan is backed by your personal assets or guarantee, it counts. But if the loan is secured by the assets of the U.S. business itself, it doesn’t count toward the investment.
Do I actually have to spend the money, or can I just show I have it?
You need to actually commit or spend the funds. The money must be at risk and irrevocably committed, not just sitting in your account waiting.
If I’m buying an existing business, can I put the money in escrow?
Yes — you can use an escrow account as long as the only condition for releasing the funds to the seller is E-2 visa approval.
Does my investment have to be cash?
Not necessarily. It can also include equipment, inventory, land, or even intellectual property transferred to the company— as long as you can prove the value of what you’re contributing.Can my business be a non-profit?
No — your business has to be a real, active, for-profit company that sells a product or service.
What if my business isn’t fully up and running yet?
That’s okay, as long as it’s ready to start operating right away once your visa is approved. It can’t just be a plan or an investment sitting idle.
Do I need to have all my licenses and permits before applying?
Yes — your business should already meet all local legal requirements (like licenses or permits) by the time you apply.Do I need an office?
Not always. A physical office isn’t required, but it depends on what kind of business you’re running. For example, a restaurant obviously needs a location, but a consulting firm or online business might not.How much do I need to invest? Is there a minimum?
There’s no fixed minimum for an E-2 visa. What’s considered “substantial” depends on the type and total cost of your business.
What if I’m buying an existing business?
Then your investment should generally match the purchase price — basically, what the business is worth on the market.
What if I’m starting a new business?
Then your investment should cover what it actually takes to get the business fully up and running, not just the early setup costs.
What’s the proportionality test?
The proportionality test is how the government decides if your investment is big enough. It compares how much you’ve invested to how much the whole business costs.
Think of it like a sliding scale:
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The smaller or cheaper the business, the higher the percentage of your own money you need to invest.
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The larger or more expensive the business, the lower the percentage you need to show.
So, if your business costs $100,000, you’d normally need to invest close to all of it.
But if your business costs $100 million, even investing $10 million could be enough — because the overall amount is still huge.
The key idea is that your investment has to be significant enough to show real financial commitment and to make the business work — whether it’s a small consulting firm or a massive manufacturing plant.
A quick note on consistency:
Where you apply can make a difference. Consulates (especially those without dedicated E visa units) sometimes apply unwritten minimums or have stricter expectations.
By contrast, USCIS — when you apply for a change of status — is generally more consistent and accountable in its decision-making, since officers must justify their reasoning in writing.
The key takeaway: your investment needs to be big enough to make the business work and show real commitment — but how that’s judged can vary depending on where you apply.
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What does “marginality” mean?
It means your business needs to be able to make more than just enough money to support you and your family. It should have real potential to grow and contribute to the economy.
What if my business is brand new and not making money yet?
That’s okay — the key is showing that your business will be able to generate enough income (and possibly jobs) within five years of starting operations.
How do I show that?
You’ll need to include a business plan with five years of financial and employment projections to show how your company will reach that point.
How many employees do I need?
There’s no set number, but your business should have (or plan to have) enough staff or contractors so that you’re not stuck doing all the day-to-day work yourself. Your role should be focused on running and growing the business, not handling routine tasks.
Can I be a passive investor?
No — you need to show that you’ll be actively involved in running the business, not just putting in money and stepping back.
How do I show that I’ll be developing and directing the company?
If you own at least 50% of the business or have management control, that usually counts as clear proof that you’ll be the one directing things.
What if I own less than 50%?
That’s fine — you just need to show that you’ll be working for the company in a key role, like an executive, supervisor, or essential employee.Yes! You can bring an employee who’s the same nationality as you (or your company) if they’ll be working in an executive, supervisory, or essential/specialized role.
Executive or Supervisory Employment
What counts as an executive or supervisory role?
Officers look at things like:
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The title of the position
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Where the employee fits in the company’s org chart
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The duties of the job
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How much authority and decision-making power they’ll have
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How many people (and what skill level) they’ll supervise
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The level of pay
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Whether the person has real executive or management experience
Essential Employment
What about an essential or specialized role?
For these positions, they look at factors like:
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The training and experience needed to do the job
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How unique or rare the skills are
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Whether U.S. workers with similar skills are available
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The salary level for that expertise
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How well the person has proven their skill in that area
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What the role actually involves in your business
Does the employee have to have worked for me abroad?
No, they don’t — but having prior experience with your company or organization definitely helps make the case stronger.-
How long is the E-2 visa valid?
It depends on your nationality. Each country has its own reciprocity agreement with the U.S., which determines how long the visa lasts and how many times you can use it to enter. You can check your country’s details below.How long can I stay in the U.S. when I enter?
Every time you enter the U.S. on an E-2 visa, you’ll get E-2 status for two years, no matter how long your actual visa is valid for.Can I renew my E-2 visa or status?
Yes — there’s no limit on how many times you can renew your E-2 visa or extend your E-2 status, as long as your business continues to qualify.Can my family apply with me?
Yes! Your spouse and unmarried kids under 21 can apply for E-2 visas and E-2 status as dependents.Can my kids go to school in the U.S.?
Yes — they can attend public or private school, including college, while in E-2 status. They just can’t work.Can my spouse work?
Yes — your spouse can work and/or study right away after entering the U.S. in E-2 status. Their I-94 record should say “E2S”, which shows they’re authorized to work.What if my spouse or kids are from a different country?
That’s fine. As long as you qualify for the E-2 visa, your spouse and children can still get E-2 visas and status — even if they’re not from the same treaty country.U.S. Department of State Foreign Affairs Manual - DOS Regulations on E-2s
22 CFR § 41.51: Treaty trader, treaty investor - USCIS Regulations on E-2s
Travel.State: Treaty Countries - List of Treaty Countries
US Visa: Reciprocity and Civil Documents by Country - Visa Length and Reciprocity Fees
Online Nonimmigrant Visa Application (DS-160)
US Travel Docs - Visa Appointment Website for Certain Countries
US Visa Info - Visa Appointment Website for Certain Countries
The E-2 Treaty Investor visa is a nonimmigrant visa available to citizens of specific countries, allowing them to enter the United States based on a substantial investment in a real and active U.S. business.
* Yugoslavia - The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo continue to be bound by the treaty in force with the SFRY and the time of dissolution.
** Czech Repubilc and Slovak Republic - The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
*** Ecuadorian nationals with qualifying investments in place in the United States by May 18, 2018 continue to be entitled to E-2 classification until May 18, 2028. The only nationals of Ecuador (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to May 18, 2018.
**** United Kingdom - The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to "inhabitants" of such territory. This term, as used in the Convention, means "one who resides actually and permanently in a given place, and has his domicile there." Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
Countries | Entered Into Force | Reciprocity Fee | Visa Length |
|---|---|---|---|
Australia | 27/12/1991 | $5,592.00 | 48 Months |
Austria | 27/05/1931 | None | 60 Months |
Azerbaijan | 02/08/2001 | None | 3 Months / One Entry |
Bahrain | 30/05/2001 | None | 3 months / One Entry |
Bangladesh | 25/07/1989 | None | 3 Months / Two Entries |
Belgium | 03/10/1963 | $310.00 | 60 Months |
Bosnia and Herzegovina* | 15/11/1982 | None | 12 Months |
Bulgaria | 02/06/1954 | $52.00 | 60 Months |
Cameroon | 06/04/1989 | None | 3 Months / One Entry |
Canada | 01/01/1994 | None | 60 months |
Chile | 01/01/2004 | $155.00 | 12 Months |
China (Taiwan) | 30/11/1948 | None | 60 Months |
Colombia | 10/06/1948 | None | 60 Months |
Congo (Brazzaville) | 13/08/1994 | None | 3 Months / One Entry |
Congo (Kinshasa) | 28/07/1989 | None | 3 Months / Two Entries |
Costa Rica | 26/05/1852 | $181.00 | 60 Months |