Understanding the E-2 Visa: A Pathway for Treaty Investors to Build Businesses in the United States

For entrepreneurs and investors from treaty countries, the E-2 Treaty Investor visa offers one of the most practical and flexible options to live and work in the United States. It allows individuals to develop and direct the operations of a business in which they have invested—or are actively investing—a substantial amount of capital.

This guide explains who qualifies, how much you need to invest, and what to expect from the application process.

What Is the E-2 Visa?

The E-2 visa is a nonimmigrant visa available to citizens of countries that maintain a treaty of commerce and navigation with the United States. It allows investors and certain employees to come to the U.S. to develop and manage a business in which they have invested a significant amount of capital. While it does not directly lead to a green card, E-2 status can be renewed indefinitely as long as the business remains operational and meets the program’s requirements.

Who Qualifies for an E-2 Visa?

Nationality:

You must be a citizen of a treaty country. Popular examples include Canada, the United Kingdom, Germany, Japan, South Korea, Italy, Taiwan, and Australia. Notably, China and India are not treaty countries.

You can find the full list of E-2 treaty countries on the U.S. Department of State website: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

Investment:

You must have invested—or be in the process of investing—a substantial amount of capital in a bona fide U.S. enterprise. There is no fixed dollar minimum, but the investment must be sufficient to ensure the successful operation of the business. As a rule of thumb, smaller businesses may require higher investment-to-cost ratios (e.g., $100,000–$200,000 for a small service business). In my experience, the lowest approved E-2 case I have handled involved a $45,000 investment, which was successfully approved based on strong documentation and a credible business plan.

Business Ownership and Control:

You must own at least 50% of the business or have operational control through a managerial position or similar arrangement.

Real and Active Enterprise:

The business must be a real, operating commercial enterprise—not a passive investment such as real estate or stocks.

Marginality Test:

The business must have the capacity to generate more than just enough income to support you and your family. It should eventually create U.S. jobs or make a meaningful economic contribution.

How to Apply for an E-2 Visa

1.      Form the U.S. Business Entity: Create a U.S. legal entity (such as an LLC or corporation), open a U.S. business bank account, and start transferring investment funds.

2.      Make the Investment: Commit your funds to the business. This can include purchasing equipment, signing a lease, or spending on startup operations. Merely showing available funds is not enough—the investment must be 'at risk.'

3.      Prepare the E-2 Application Package: A strong E-2 petition typically includes Form DS-160 and DS-156E, evidence of nationality, corporate documents, proof of investment and source of funds, a business plan with projections, and an organizational chart.

4.      Apply at the U.S. Consulate (or File with USCIS): If outside the U.S., apply at a consulate in your home country. If in the U.S. on another status, file Form I-129 to change status.

5.      Attend the Interview: You’ll be asked about your business plan, investment details, and role in the company. If approved, your visa may be issued for up to five years, depending on your treaty country.

Benefits of the E-2 Visa

·        No minimum investment threshold: As long as the investment is substantial relative to the business, it qualifies.

·        Renewable indefinitely: As long as the business operates and continues to meet requirements.

·        Spouse work authorization: Your spouse may apply for an Employment Authorization Document (EAD) to work anywhere in the U.S.

·        Children under 21 can study in the U.S.

·        Quick processing: Many U.S. consulates process E-2 visas within weeks.

Limitations to Keep in Mind

·        Only citizens of treaty countries are eligible.

·        The visa does not directly lead to a green card, though some investors later transition to EB-5 or EB-1C categories.

·        If the business closes or fails, the E-2 status ends.

Final Thoughts

The E-2 visa is one of the most flexible and accessible investor visas available today. It’s ideal for entrepreneurs who want to actively manage a U.S. business without committing to the high investment threshold of the EB-5 program.A successful E-2 case hinges on credible investment, a well-documented business plan, and clear evidence that the enterprise will create economic value. An experienced immigration attorney can help structure your business, document your investment, and prepare a persuasive application tailored to the consulate where you’ll apply.