E-2 Visa Overview
E-2 Treaty Investor Visa
The E-2 visa is a nonimmigrant visa that allows nationals from treaty countries to live and work in the United States under one of two scenarios:
By making a substantial investment in a U.S. business or enterprise (E-2 Investor)
By working as an executive, manager, or essential employee of a business owned by a treaty national (E-2 Employee)
To be eligible, the applicant’s home country must maintain a treaty of commerce and navigation with the United States.
Key Highlights:
The investment may be made in a new startup or an existing U.S. business
E-2 visa holders are permitted to work only for the business in which the investment is made
Treaty investors can also bring qualified employees from their home country to work in the U.S. business
The “E” in E-2 represents “Treaty,” as these visas are based on bilateral agreements between the U.S. and specific countries
Build your U.S. business and immigrate with confidence.
E-2 Visa Eligibility Requirements
To qualify for an E-2 Treaty Investor Visa, applicants must meet several core requirements. While the basic criteria remain consistent, slight variations may apply depending on the applicant’s country of origin.
The investor (or the business entity making the investment) must hold citizenship from a country that has a valid treaty of commerce and navigation with the United States. Proof of this nationality is required as part of the application.
What is a treaty of commerce?
A treaty of commerce is a formal agreement between countries that establishes and regulates trade relationships. Its primary purpose is to promote both countries’ economic growth and job creation.
You must have already invested — or be in the process of investing — a substantial amount of capital into a legitimate U.S. business. This investment must be:
Fully committed and “at risk,” meaning you can’t simply withdraw the funds
Sufficient to ensure the business’s success and sustainability
Intended to generate significantly more than just a minimal income for the investor and dependents
E-2 investors must actively manage the business. This includes:
Owning at least 50% of the enterprise
Playing a key role in strategic decision-making
Overseeing daily operations, either by residing in or frequently traveling to the U.S.
The business must be a real, operating enterprise—not a shell company or inactive entity. Additionally, it must not be a marginal enterprise, meaning:
It should generate more than minimal income for the investor
It should have the potential for growth and job creation in the U.S. economy
Applicants must clearly document that the investment funds come from a legitimate and lawful source. You’ll need to show how the money was earned (e.g., through savings, sale of property, inheritance, or business income) and trace the flow of funds from your account to the U.S. enterprise.
Investment Criteria for U.S. Business Ventures: Qualifying vs. Non-Qualifying Investments
| Typically Satisfies E-2 Criteria | Does Not Typically Satisfy E-2 Criteria |
|---|---|
| Investing in an active business | Mere ownership of undeveloped land |
| Funds are fully committed and at risk | Uncommitted funds in a bank account |
| Investment is substantial enough to make the business successful | Speculative investments with no active involvement |
| Business earns much more than a living wage for the investor | Business only supports basic living needs of the investor |
| The investor has a key role in running the business; or any employees can prove their essential or qualifying role | Investor or employee role is not essential or lacks qualification |
| Money could be lost if the business fails | Safe or protected investments with no risk of loss |
E-2 Visa Timeline
The timeline for obtaining an E-2 visa can vary significantly depending on where and how you apply. Whether you’re applying from outside the U.S. at a U.S. Consulate or filing for a change of status from within the U.S., processing times typically range from a few weeks to several months.
If You Are Already in the U.S. (Change of Status via USCIS):
Most applicants receive a decision within approximately 3.7 months.
If you choose Premium Processing, you can expedite the decision to 15 calendar days for an additional fee.
Timelines may vary based on case volume and completeness of documentation.
If You Are Applying from Outside the U.S. (U.S. Consulate):
Processing times vary depending on the U.S. embassy or consulate where you submit your application.
It can take a few weeks to several months, depending on the location, application backlog, and local requirements.
Each U.S. consulate has its own application procedures, documentation checklist, and interview scheduling timeline.
Premium Processing for the E-2 Visa
E-2 applicants may also be able to request premium processing of their Form I-129 for an additional fee. If approved, USCIS will typically process your E-2 visa application within 30 calendar days.
E-2 Visa Application Process
The application steps for the E-2 Treaty Investor Visa vary depending on whether you’re applying from within the United States or from abroad. Below is a breakdown of each pathway:
If You’re Applying from Within the U.S. (Change of Status via USCIS):
Verify Eligibility
Ensure you are a national of a treaty country and meet all E-2 visa requirements, including business investment and qualifying role.
Submit Form I-129 (Petition for a Nonimmigrant Worker) to request E-2 classification from USCIS.
Collect and submit documents including:
– Proof of substantial investment
– Source of funds
– Business plan (if applicable)
– Financial records and ownership documents
– Evidence of your active managerial or executive role
Expedite your petition decision to 30 calendar days by using USCIS Premium Processing (optional).
If approved, you’ll receive a Form I-797 Approval Notice. Your immigration status will officially change to E-2 starting from the date listed.
If You’re Applying from Outside the U.S. (Consular Processing):
Make sure you meet all E-2 qualifications: nationality, active investment, legitimate source of funds, and a qualifying role in the business.
Fill out:
– Form DS-160 (Online Nonimmigrant Visa Application)
– Form DS-156E (for treaty investors and employees)
Schedule and Attend Visa Interview
After your documents are reviewed by the Consulate:
– Schedule a visa interview at your local U.S. Embassy or Consulate
– Be prepared to discuss your business plans, investment details, and active role in operations
Note: Each U.S. Consulate may follow slightly different procedures—always check their specific guidelines.
If approved, your passport will be stamped with an E-2 visa (often valid up to 5 years).
Present the visa at a U.S. port of entry to gain admission and begin your E-2 status.
Can an E2 visa lead to a Green Card?
The E-2 visa is a nonimmigrant visa, meaning that there is no direct path to lawful permanent residency, or a green card. Additionally, the E-2 does not allow for the dual intent to enter the U.S. on the E-2 while intending to apply for a Green Card.Some examples of Green Card paths include the employment-based preference categories as well as as family sponsorship.
E-2 Visa Cost
When considering the cost of a new E-2 visa as an investor, it’s important to remember there are two major expenses:
- Investment Cost: The amount you invest in your US-based business, whether starting a new business, buying a franchise, or purchasing an existing business. This investment needs to be substantial, but there’s no set minimum amount.
- Application Cost: This includes government filing fees and may also include costs for professional services like lawyers and business plan writers if applicable.
What does the government consider a “substantial” investment?
There’s no exact dollar amount that defines “substantial investment” for an E-2 visa. But generally, the lower the cost of the business, the higher the percentage of investment needed.Small service-based businesses, for example, may require a higher investment percentage than capital-intensive ones. Additionally, the business can’t be designed simply to provide a living for you and your family. It needs to show the potential to make a significant economic impact.
What is the application fee for the E-2 vias?
Applying from within the U.S. (Change of Status)
Depending on the size of the business.
Required for spouses and children under 21.
For expedited USCIS review within 15 business days.
Applying from outside the United States (Consular Processing)
There is technically no fee to file the DS-160 itself, but a processing fee applies based on the visa type.
Processing Fee for E-2 Visa (2025): $315
This fee applies to nationals of certain countries based on reciprocity agreements.
Check the reciprocity table to see if it applies to you.
For expedited processing (decision within 15 business days, if eligible).
Do I need to pay an additional biometrics fee with my E-2 visa application?
In 2024, the Department of Homeland Security (DHS) eliminated the separate biometrics fee for most nonimmigrant visas, including the E-2. However, if you are applying for an E-2 from outside the U.S. through consular processing, it’s possible you might still have to pay a biometrics fee in some locations. This is because certain consulates have their own procedures and may not have updated their systems to fully reflect the rule change
What happens after the E-2 visa is approved?
The next steps after receiving E-2 visa approval depend on whether you applied from within the U.S. or from abroad. Here’s what to expect in each scenario:
If You Applied from Within the U.S. (Change of Status via USCIS):
Approval Notice (Form I-797):
USCIS will issue Form I-797, officially confirming your change of status to E-2.Work Authorization:
You are now authorized to immediately begin working for the business in which you have invested.Travel Outside the U.S.:
If you plan to leave the U.S., you must apply for an E-2 visa stamp at a U.S. embassy or consulate before re-entering.
If You Applied from Outside the U.S. (Consular Processing):
Visa Issuance:
The U.S. Consulate will stamp your passport with the approved E-2 visa.Travel to the U.S.:
You may now travel to the U.S. and seek entry at a port of entry. A Customs and Border Protection (CBP) officer will inspect your visa and documentation.I-94 Record Creation:
Upon admission, the CBP officer will create your I-94 travel record, indicating your E-2 status and authorized length of stay.Work Authorization:
Once admitted, you are legally permitted to begin working for your E-2 business.
Important points for both situations:
Social Security Number: You’ll need to apply for a Social Security Number (if you don’t already have one) to work legally in the U.S.br/>
Taxes: You’ll be subject to U.S. tax laws.