E-2 Treaty Investor Visa
A flexible nonimmigrant option for entrepreneurs from treaty countries to own and operate U.S. businesses, with indefinite renewal potential and family benefits.
The E-2 visa enables nationals of treaty countries to establish, acquire, or invest in U.S. enterprises. Unlike immigrant visas, E-2 status can be renewed indefinitely as long as the investment remains active. This pathway is particularly attractive for entrepreneurs seeking operational control of their businesses while maintaining flexibility. Spouses receive work authorization, and children may attend U.S. schools.
Preparation & Planning
1-3 months
Consular Processing
2-8 weeks
USCIS Change of Status
3-6 months
Visa Validity
2-5 years (renewable)
Eligibility Requirements
Citizenship of a country with an E-2 treaty with the United States
Substantial investment that is at risk and sufficient to ensure successful operation
Investment must be in a bona fide enterprise (not marginal or passive)
Investor must be coming to the U.S. to develop and direct the enterprise
At least 50% ownership of the enterprise (or operational control through managerial position)
Intent to depart when E-2 status ends (nonimmigrant intent)
How We Work Together
Treaty Eligibility Review
Confirmation of treaty nationality and investment thresholds for your citizenship country.
Business Planning
Development of a comprehensive business plan demonstrating viability, job creation potential, and non-marginality.
Investment Documentation
Compilation of evidence showing that funds are at risk and committed to the enterprise.
Visa Application or Change of Status
Filing with consulate (DS-160/interview) or USCIS (I-129 petition for those already in the U.S.).
Approval & Entry
E-2 visas are typically issued for 2-5 years depending on treaty reciprocity, with unlimited renewals.
Ongoing Compliance
Maintenance of qualifying investment and business operations for continued status.
Frequently Asked Questions
What counts as a "substantial" investment?+
There is no fixed minimum, but the investment must be substantial in relation to the total cost of the enterprise. Generally, investments of $100,000+ are advisable, with higher amounts for larger businesses.
Can my spouse work in the U.S. on E-2?+
Yes. E-2 dependent spouses are eligible for Employment Authorization Documents (EADs) allowing them to work for any U.S. employer.
Is E-2 a path to a green card?+
E-2 does not directly lead to permanent residency, but many E-2 holders transition through employer sponsorship, EB-5 investment, or other pathways.
What is a "marginal" enterprise?+
An enterprise that cannot generate more than enough income to provide a minimal living for the investor and family. Demonstrating job creation or growth potential helps overcome marginality concerns.
Can I start a new business or must I buy existing?+
Both options are available. You may establish a new enterprise, acquire an existing business, or invest in a franchise operation.
Ready to Explore Your Options?
Schedule a confidential consultation to discuss your situation with an experienced attorney.
This information is for educational purposes only and does not constitute legal advice.