US E-2 treaty investor visa

Who the E-2 visa is for

The E-2 route is designed for investors and certain key employees connected to a business in the United States. It is most relevant if you:

• Are a national of a country that has a qualifying treaty of commerce and navigation with the US
• Have invested, or are actively investing, substantial personal capital in a US enterprise
• Will enter the US solely to develop and direct that enterprise (typically through at least 50% ownership or operational control)
• Are an executive, supervisory or essential-skills employee of a treaty business and share the investor's nationality

Eligibility requirements

To qualify for E-2 classification the treaty investor must meet each of the following:

• Hold the nationality of a country on the Department of State's E-2 treaty list
• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide US enterprise
• Show the funds are the investor's own and genuinely at risk in the commercial sense, not merely idle or borrowed against the business's assets
• Demonstrate the enterprise is real, active and operating, and more than marginal (able to generate more than a minimal living for the investor's family)
• Seek entry solely to develop and direct the enterprise, and intend to depart the US when E-2 status ends

What counts as a substantial investment

US law sets no fixed minimum figure for an E-2 investment. Instead, adjudicators apply a proportionality test: the amount must be substantial relative to the total cost of purchasing an existing business or establishing a new one. A lower-cost business must be almost fully funded, while a larger enterprise can meet the test with a smaller percentage. The capital must be irrevocably committed and at risk, and cannot come from criminal activity.

Because there is no set threshold, do not rely on any specific dollar amount you may see quoted elsewhere. Confirm current guidance on the official USCIS and Department of State pages and, where the investment is complex, take professional advice.

How to apply

There are two main routes to E-2 status, depending on where you are:

• Consular processing: complete the online DS-160 nonimmigrant visa application, pay the visa fee, and attend an interview at a US embassy or consulate, submitting evidence of nationality, the investment and the business
• Change of status inside the US: if you are already in the US in a qualifying status, file Form I-129 with USCIS to request a change to E-2 (this grants status but not a visa for future travel)
• Employees and family: qualifying employees apply on the same basis; spouses and unmarried children under 21 may apply for dependent E-2 status

Validity, extensions and family

E-2 visa validity is set by reciprocity schedules that vary by country, and CBP normally admits E-2 holders for up to two years at each entry. There is no overall cap on the number of years you can hold E-2 status, provided the business continues to qualify; status can be extended, or a further admission granted on re-entry, in two-year increments.

Spouses and unmarried children under 21 can accompany the investor in dependent E-2 status regardless of their own nationality. E-2 spouses are authorised to work in the US incident to their status; children may study but cannot work.

Evidence you will typically need

• Proof of nationality of a treaty country (passport)
• Evidence the investment funds are yours and lawfully sourced (bank records, sale of assets, financial statements)
• Proof the capital is committed and at risk (purchase agreements, leases, business bank accounts, receipts for equipment)
• A business plan and financial projections showing the enterprise is real, active and more than marginal
• Evidence of ownership or operational control of the enterprise
• For employees: proof of the same nationality as the investor and of an executive, supervisory or essential-skills role