E-2 Visa – Treaty Investor Visa
The E-2 visa is designed for nationals of treaty countries who wish to enter the United States by making a substantial investment in a U.S.-based business. The investment must be significant enough to demonstrate the investor’s commitment to the success of the business and sufficient to fund the enterprise’s operations. The amount of capital required is assessed in proportion to the total cost of the business—lower-cost ventures typically require a higher percentage investment to meet the standard.
To be eligible, the investor must hold citizenship in a treaty country, have invested (or be in the process of investing) in a bona fide U.S. enterprise, and must intend to develop and direct the business. This can be shown through ownership of at least 50% of the enterprise or by demonstrating a key managerial or operational role. The enterprise itself must be real and active—producing goods or services for profit and compliant with U.S. business laws. The source of investment funds must be legitimate and clearly traceable.
Qualified employees of E-2 investors may also apply for E-2 classification if they share the same nationality as the investor, are legally considered employees, and either serve in executive or supervisory roles or possess specialized skills essential to the business.
Like the E-1, the duration of the E-2 visa depends on the applicant’s country of nationality and may range from three months to five years, with renewals allowed. If applying for a change of status inside the U.S., the stay is generally approved for up to two years. It's critical to distinguish between holding a visa, which enables travel, and holding status, which governs how long one can stay in the country.
E-2 investors and their employees may bring spouses and unmarried children under 21 to the U.S. under the E-2 dependent visa. Spouses may apply for work authorization, while children can attend school but are not eligible to work.