E-2 Visa Overview
E-2 Treaty Investor Visa
The E-2 Treaty Investor Visa is a nonimmigrant U.S. visa allowing nationals of treaty countries to live and work in the United States by:
- Investing in a U.S. business or enterprise (E-2 Investor)
- Working as an executive, manager, or essential employee of a business owned by a treaty national (E-2 Employee)
Key Points:
- Investment can be in a new startup or an existing U.S. business
- E-2 visa holders may only work for the business in which the investment is made
- Qualified employees from the investor’s home country can also join the business in the U.S.
- Initial stay: up to 2 years, extendable in 2-year increments; unlimited renewals possible
Build your U.S. business and immigrate with confidence.
E-2 Visa Eligibility Requirements
Applicants must meet the following core requirements:
Must be a citizen of a treaty country
Substantial investment in a bona fide U.S. business, fully committed and at risk
Investor must play an essential role in running the business
Must be a real, operational business with potential for growth and job creation
Investment funds must come from lawful sources
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 sufficient for success | Speculative investments with no active involvement |
| Business generates more than a living wage | Business only supports basic living needs of the investor |
| Investor/employee has key role | Role is non-essential or lacks qualifications |
| Money could be lost if business fails | Safe or protected investments with no risk of loss |
Fees and Processing Times
- Investment Cost: Substantial investment in U.S. business (no set minimum)
- Application Cost:
- Form I-129: $510–$1015 (varies by business size)
- Form I-539 (spouses/children): $470
- DS-160 (consular processing): $315
- Premium Processing (optional): $2805
- Note: Investment must show economic impact beyond personal living needs
- Processing Times:
- Applying from within the U.S. (Change of Status via USCIS): ~3–4 months
- Applying from outside the U.S. (Consular Processing): Few weeks to several months depending on consulate
- Premium Processing (optional): 15–30 calendar days, additional fee
E-2 Visa Application Process
From within the U.S. (Change of Status via USCIS):
- Verify eligibility (nationality, investment, business role)
- Complete and file Form I-129
- Prepare supporting documents (proof of investment, source of funds, business plan, financial records, role evidence)
- Optional: Use Premium Processing for expedited decision
- Receive USCIS decision (Form I-797 Approval Notice)
From outside the U.S. (Consular Processing):
- Confirm eligibility
- Complete DS-160 and DS-156E forms
- Schedule and attend visa interview at U.S. Embassy or Consulate
- If approved, receive E-2 visa in passport; present at port of entry for admission
- Begin work authorization upon entry
After E-2 Visa Approval
- Change of Status (U.S.): Form I-797 issued, work authorized, travel requires consular stamp
- Consular Processing: Passport stamped, travel to U.S., CBP I-94 record created, work authorized
- Important: Apply for Social Security Number, pay U.S. taxes
How We Support You
- Eligibility Assessment: Personalized strategy to maximize approval chances
- Form Completion & Review: Expert guidance to avoid mistakes
- Interview Scheduling & Coaching: 1:1 mock sessions with consular-trained experts
- Fee Assistance: Help paying government filing fees and scheduling appointments
- Ongoing Support: Guidance post-filing, including reapplication assistance if needed
Frequently Asked Questions
New businesses, existing businesses, franchises, service providers, retail, import/export, and professional practices can qualify.
Yes, dependent spouses may apply for work authorization in the U.S.
Yes, qualifying executives, managers, and essential employees from treaty countries can apply.
Direct paths are not allowed; E-2 requires nonimmigrant intent. Family or employment-based paths exist but must be planned carefully.
Initial 2-year period, extendable in 2-year increments; unlimited renewals possible.
Yes, travel is allowed; re-entry requires valid visa stamp or extension.
No, work is restricted to the business tied to your E-2 investment.
Take the Next Step
Check Your Eligibility → Take our quick E-2 eligibility quiz
Book a Consultation → Receive personalized guidance and 1:1 coaching for your E-2 visa application