E-2 Treaty Investor Visa
Investors, Startups and Entrepreneurs
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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.)
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You’re from that treaty country:
You personally—and the company—must have the nationality of that treaty country.
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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.
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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 for-profit business providing goods or services.
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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.
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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.
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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.
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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.
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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. The Form I-129 filing fee is $510 for employers with fewer than 25 employees and $1,015 for employers with 25 or more. USCIS also charges an Asylum Program Fee of $300 for small employers and $600 for larger employers.
⚠️ 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 $2,805 which gets you a response in 15 business days.
Family members (spouse and unmarried children under 21) can also apply for a change of status by filing Form I-539. The principal dependent (spouse) files Form I-539 and the dependents (children) file from I-539A.
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?
Only nationals of countries that maintain an E-2 treaty of commerce and navigation with the United States are eligible. You can confirm eligibility by reviewing the current list of E-2 treaty countries published by the U.S. Department of State.
Nationality and Ownership
Does it matter which U.S. state I incorporate in, or what type of entity I form (LLC, corporation, LP, etc.), for E-2 visa purposes?
For E-2 immigration purposes, there is no requirement to incorporate in a specific state or to use a particular type of business entity. USCIS and the U.S. consulates focus on whether the enterprise is properly formed and legally operating, regardless of whether it is an LLC, corporation, or partnership, and regardless of the state of incorporation.
How is the nationality of the U.S. business decided?
The nationality of the U.S. enterprise is determined by ownership, not by the place of incorporation.
How much of the business needs to be owned by treaty nationals?
At least 50% of the U.S. enterprise must be owned by nationals of the same treaty country as the E-2 applicant.
Example: A U.S. company has four equal owners: two Mexican nationals, one U.S. permanent resident originally from Mexico, and one U.S. citizen. Only the two Mexican nationals count for E-2 nationality purposes. Because treaty nationals own 50% of the company, the enterprise qualifies as a Mexican E-2 company.
What if the U.S. company is owned by another company?
Ownership must be traced through each level of the corporate structure until the ultimate individual owners are identified. The enterprise qualifies only if treaty nationals own at least 50% at the end of that ownership chain.
What if the parent company is publicly traded?
For publicly traded companies, nationality is generally determined by the location of the stock exchange on which the company’s shares are principally traded, absent evidence to the contrary.
Example: If a Mexican company owns the U.S. business and its shares are traded primarily on the Mexican stock exchange, the U.S. business is generally considered Mexican for E-2 purposes.
What if my co-owner is from a different treaty country?
If ownership is split 50/50, and both owners are nationals of different countries that each have E-2 treaties with the United States, either owner may independently qualify for E-2 classification under their respective nationality.
What if I have two nationalities and both countries have treaties?
You may choose which nationality to use for E-2 purposes. This choice can matter, as visa validity periods and reciprocity rules vary by country.
Example: Depending on the treaty, E-2 visa validity can range from three months to five years. Applicants often select the nationality that provides the most favorable visa terms.
What if one of the owners used to be from a treaty country but now they are a U.S. citizen or resident?
They no longer count as a treaty national for E-2 purposes. Only current nationality is considered when determining enterprise ownership.Do I need to keep a home abroad, like with a tourist or student visa?
No. Unlike some other nonimmigrant visas, the E-2 does not require you to maintain a foreign residence. In most cases, a simple statement confirming that you intend to depart the United States when your E-2 status ends is sufficient.
When might that not be enough?
Intent generally becomes an issue only if there is prior immigration history that raises concerns, such as an overstay, unauthorized employment, prior removals, or unlawful entry. In those situations, an officer may look for additional evidence demonstrating that you understand the temporary nature of E-2 status and intend to comply with U.S. immigration laws.
Can an E-2 apply for residency (a green card)?
Yes. An E-2 investor may pursue permanent residence if they qualify under a separate immigrant category. However, the E-2 remains a nonimmigrant classification. If you file for adjustment of status inside the U.S., you generally should not travel internationally unless and until you receive advance parole, as departing without it may result in abandonment of the green card application.What kinds of funds qualify?
Your investment must come from a lawful source, such as earned income, savings, gifts, inheritance, contest winnings, or certain loans. You must be able to clearly document both the origin of the funds and the path of the funds into your personal and business accounts.
Do the funds have to come from outside the U.S.?
No. Investment funds may originate inside or outside the United States, as long as the source is lawful and properly documented.
Can I use a loan as part of the investment?
It depends. A loan may count as qualifying investment only if it is secured by your personal assets or personally guaranteed by you. Loans secured by the assets of the U.S. enterprise itself do not qualify as E-2 investment.
Do I actually have to spend the money, or can I just show I have it?
You must have already invested the funds or be actively in the process of investing them. The capital must be at risk and irrevocably committed to the enterprise—not merely sitting in a bank account.
If I’m buying an existing business, can I put the money in escrow?
Yes. Funds may be held in escrow provided that release of the funds is conditioned solely on E-2 visa approval.
Does my investment have to be cash?
No. Qualifying investment may also include equipment, inventory, property, or intellectual property contributed to the enterprise, provided you can document ownership and establish the fair market value of the assets.Can my business be a non-profit?
No. An E-2 enterprise must be a real, active, for-profit commercial enterprise that produces goods or provides services. Non-profit or purely charitable organizations do not qualify.
What if my business isn’t fully up and running yet?
That can be acceptable. The enterprise must be either already operating or imminently ready to commence operations upon E-2 approval. A purely speculative plan or a passive investment that is not ready to begin business activity does not qualify.
Do I need to have all my licenses and permits before applying?
Generally, yes. The business should be in compliance with all applicable local, state, and federal requirements needed to operate. If a license or permit cannot be issued until after visa approval, this should be clearly explained and documented.Do I need an office?
Not necessarily. A physical office is not required in every case, but the business must have an operational setup consistent with its industry. For example, a restaurant or retail business requires a physical location, while a consulting, technology, or online business may operate without dedicated office space.How much do I need to invest? Is there a minimum?
There is no fixed minimum investment amount for an E-2 visa. Whether an investment is considered “substantial” depends on the type of business and the total cost of establishing or purchasing the enterprise.
What if I’m buying an existing business?
In that case, the investment is generally measured against the fair market value or purchase price of the business. The closer your investment is to the full purchase price, the stronger the case.
What if I’m starting a new business?
Your investment should be sufficient to fully launch and operate the business, not just cover preliminary or start-up expenses. The focus is on whether the business is realistically capable of operating as proposed.
What’s the proportionality test?
The proportionality test is used to determine whether an investment is substantial by comparing the amount invested to the total cost of the enterprise.
It operates as a sliding scale:
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Smaller or lower-cost businesses require a higher percentage of the total cost to be invested.
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Larger or higher-cost businesses may qualify with a lower percentage, so long as the absolute dollar amount is substantial.
Examples:
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If a business costs $100,000 to establish or purchase, an investment close to the full amount is typically expected.
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If a business costs $100 million, a much smaller percentage—such as $10 million—may still be considered substantial due to the overall scale of the investment.
The key question is whether the investment represents a meaningful financial commitment sufficient to ensure the business’s success.
A note on adjudication consistency
The way “substantial investment” is evaluated can vary depending on where you apply. Some U.S. consulates apply stricter or more conservative expectations, particularly in low-volume posts or posts without dedicated E-visa units.
By contrast, when applying through USCIS (for a change or extension of status), adjudications tend to be more standardized, as officers must issue written decisions explaining their reasoning.
Key takeaway: Your investment must be large enough to make the business viable and demonstrate real financial commitment, but expectations can vary depending on the adjudicating authority.
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What does “marginality” mean?
A marginal enterprise is one that does not have the present or future capacity to generate more than minimal living income for the investor and their family. To qualify for E-2 status, the business must demonstrate the ability to grow beyond self-support and make a meaningful economic contribution, such as generating revenue, creating jobs, or both.
What if my business is brand new and not making money yet?
That is acceptable. A new enterprise may still qualify if it can show that it will not be marginal within five years of commencing operations. The focus is on future viability and growth, not just current income.
How do I demonstrate that my business is not marginal?
This is typically shown through a comprehensive business plan that includes at least five years of financial projections, a hiring plan, and a clear explanation of how the business will grow beyond supporting only the investor.
How many employees do I need?
There is no fixed minimum number of employees. However, the business should be structured so that the investor’s role is primarily executive, managerial, or strategic, rather than focused on routine or day-to-day operational tasks. A credible staffing plan—using employees and/or independent contractors—helps demonstrate this.Can I be a passive investor?
No. E-2 classification requires that you actively develop and direct the enterprise. Passive investment alone does not qualify.
How do I show that I will be developing and directing the business?
This is typically demonstrated by showing that you own at least 50% of the enterprise or otherwise have operational control, along with evidence that your role involves decision-making authority over the company’s direction, operations, and growth.
What if I own less than 50% of the business?
You may still qualify if you can demonstrate that you exercise managerial or executive control over the enterprise through ownership structure, contractual rights, or your position within the company. The key issue is control, not ownership percentage alone.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?
Visa validity depends on your nationality. Each treaty country has a reciprocity schedule that determines the visa validity period and number of permitted entries. You can review your country’s specific terms on the U.S. Department of State reciprocity list.How long can I stay in the U.S. each time I enter?
Each time you are admitted to the United States in E-2 status, you are generally granted a two-year period of stay, regardless of the visa’s expiration date, as reflected on your I-94 record.Can I renew my E-2 visa or status?
Yes. There is no statutory limit on the number of times an E-2 visa may be renewed or E-2 status extended, provided the enterprise continues to meet E-2 requirements.Can my family apply with me?
Yes. Your spouse and unmarried children under 21 may apply for E-2 visas and be admitted in E-2 dependent status.Can my kids go to school in the U.S.?
Yes. E-2 dependent children may attend public or private elementary and secondary schools, as well as colleges or universities. However, they are not authorized to work.Can my spouse work?
Yes. E-2 spouses are authorized to work incident to status upon admission. Their I-94 record should reflect “E2S”, which serves as evidence of employment authorization and allows them to work for any employer or be self-employed without a separate work permit.What if my spouse or kids are from a different country?
That is not an issue. E-2 dependent status is based on the principal applicant’s treaty nationality, not the dependents’ nationality. Your spouse and children may qualify even if they are citizens of non-treaty countries.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 | 60 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 |