E2 Visa USA: Complete Step-by-Step Guide for Investors

The E2 visa is a non-immigrant visa that enables investors and treaty traders to work and live in the United States. Nationals of treaty countries can use E-2 to start their own businesses, make investments, engage in international trade, invest in technology, and take part in other activities.

The E2 visa program, also known as the Treaty Investor Visa, is a flexible solution for entrepreneurs due to its no fixed minimum investment requirements—a perfect opportunity to chase the American dream.

Launched as a mutual agreement between the United States and select countries, its primary goal is to boost economic growth and promote trade partnerships between these nations.

The visa E2 USA is a sought-after program due to its attractive benefits. It offers fast processing time, access to a larger market, favorable tax structures, and status and work authorization for dependent family members,

In this complete guide to the E2 visa, you’ll read about the potential benefits, requirements, application process, program costs, and processing time.

• Benefits of the E2 Visa
• E2 Visa Requirements
• E2 Visa Application Process
• Visa Forms and Additional Documents

What is E2 Visa?

The E-2 visa, short for the Economic and Trade Treaty Visa, allows foreign nationals from treaty-signing countries to run a business, invest, or trade in the United States. This trade can involve services, goods, and technology.

Also known as the E-2 Treaty Investor Visa, this program has a significant economic impact. It enables people or company employees to invest in a U.S. business. These foreign investments must be active, at risk, and indicate that you are allocating enough funds to run the business.

The E2 visa USA is a non-immigrant visa, which doesn’t provide a Green Card. However, it allows individuals from treaty countries to enter the United States to invest a substantial amount of capital in a business, including startups, franchises, and existing businesses.

Benefits of E2 Visa USA

The E2 visa comes with several benefits for foreign nationals. These can include:

• Temporary residence. You can live and work in the U.S. as long as your business is operational and your visa is valid.
• Family eligibility. Your spouse can apply for an employment authorization document (sometimes referred to as a work permit) from the US Department of Homeland Security. Your unmarried children (under 21 years) can attend school without a separate student visa.
• Flexible business type. You can work with different kinds of businesses, from retail to service, as long as they meet the investment criteria.
• Open travel. You can travel to and from the U.S. without any restrictions.
• Quick processing time. The U.S. Consulate process varies but usually takes around two weeks to four months. It is faster and more convenient than many other types of visas.
• Renewable. The E2 visa provides an initial stay of two years. But, it can last anywhere from three months to five years. It can be extended indefinitely if your business is active and meets the visa requirements.
• No minimum level of education. You do not need a university degree or special qualifications to apply for a US E2 visa. But, you need to prove that you are in a position to manage the business.
• No set minimum investment amount. There is no minimum amount funds invested to apply for the E2 visa. The U.S. government requires a substantial amount, which depends on the exact nature of your business.
• Pathway to permanent residency. While the E2 visa doesn’t provide a permanent residency status, you can convert it into a Green Card. You would need to use your E-2 business to increase the investment and qualify for an EB-5 visa. Then you would secure sponsorship or apply for a National Interest Waiver.

E2 USA Visa Requirements

Applicants must meet all the eligibility criteria for an E2 Treaty Investor Visa.

To qualify you must: be a national of an E-2 treaty country, make a substantial investment, meet the investment criteria, be in a position to develop and direct your business, and prove your intent to leave.

Here are the E2 Visa requirements in detail.

1. Be a national of a treaty country

To be eligible for the E2 visa, you must be a citizen of a treaty country, whether you obtained citizenship through naturalization or birth. More than 80 countries have a treaty with the U.S. If you have citizenship in more than one E2 country, you can apply for a visa using any of those.

If you are from certain countries not on the list, you cannot apply for the E2 visa.

You must invest a significant amount of capital in a bona fide enterprise in the US. There’s no specific investment threshold, but your investment amount must be sufficient to ensure successful operation.

A “proportionality test” will determine whether your investment is considered substantial by comparing it to your business cost. The lower the business’s cost, the more you must invest.

For example, if you start with a $50,000 business, you would likely need to invest 100 percent of the funds to prove your commitment. But, if you were to start a $1 million business, you would likely need to invest a lower percentage of the funds.

The person applying must have a bona fide enterprise, which is a fully functioning business, not just a front or a shell corporation. The investment must have the capacity to boost job creation and generate more than enough income to provide a minimal living for you, your family, and unmarried children in the present or future capacity.

On average, treaty traders invest at least $100,000 in a foreign business. However, this isn’t an official guideline, and some treaty investors may invest $50,000 or less in a foreign business and still obtain the E2 visa.

3. Investment criteria

The investment must meet the following criteria:

• Classify as a real operating commercial enterprise. Investments that don’t qualify are passive investments. This includes investments in a “paper organization,” which is a company that exists only on paper and without actual business activities. It also includes investments in the stock market or private real estate.
• Put the invested funds at risk and commit them to the enterprise. Treaty traders must have a personal financial stake in the success of the business. This can include committed funds in an escrow account. If business fortunes reverse, the business funds must be subject to partial or total loss.
• Avoid an idle speculative or marginal investment. The enterprise should positively impact the US economy and provide job opportunities to prove it is not a marginal enterprise. A marginal enterprise is one that does not have the capacity to generate enough for minimal living for the investor or their family.
• The investment capital must be lawfully acquired. The United States maintains strict guidelines when it comes to foreign investments. The source of your investment funds must be lawful. As a treaty trader, you cannot use money obtained through illegal means.

4. Be in a position to develop and direct your business

To be eligible for USA E2 visa, as a treaty trader you must:

• Hold authority over your business. As the principal investor, you must have the authority to make important decisions and influence how the investment enterprise operates in the present or future capacity.
• Own a significant share of the business. You must own at least 50 percent of the enterprise or have operational control through a managerial position.
• Have a profitable business. The new enterprise should generate more than enough income for a comfortable living. It should also make a significant economic impact in the US.

5. Intent to leave

Another of the E2 Visa requirements is that, as a treaty trader, you must prove to the embassy that your intent in entering the US is just to work and live temporarily. An E2 Visa is a non-immigrant visa; you are not eligible for permanent residency.

To obtain the lawful nonimmigrant status, you must provide a written statement to the US Embassy that you will leave the country once your E2 status expires.

E2 Visa Employee Requirements

As a principal investor, you can apply for an E2 for qualifying employees, who are usually of the same nationality as yours (same treaty country). The registration might take a few months, depending on the jurisdiction. The E2 employee visa can be obtained within two weeks.

The E2 Visa can be extended to other personnel if they meet the following conditions:

Supervisors, executives, and managers:

• They must hold a managerial role and handle an entire business or a key part of the business.

Skilled workers or specialists:

• The employee must have highly specialized skill capacity in some area related to the business that is difficult to find in the US.
• The individual is an essential employee, who is necessary to run a principal trader or investor’s business in the US.

E2 Visa Application Process

E2 Visa applicants should follow these steps when submitting the visa application:

1. Determine eligibility: Make sure you are a citizen of a treaty country.
2. Plan your investment: Decide on the business model you want to invest in. You can purchase an existing business or establish a start-up. Calculate the amount of money you need to invest (including the purchase price). Develop a business proposal that outlines your investment, the nature of the business, and its potential to be profitable.
3. Establish the enterprise: Make the investment.
4. Submit the application: Collect all the necessary documents for your application. If you are outside the U.S., you must complete the DS-160 form online for a nonimmigrant visa. If you are already in the U.S., you must submit Form I-129 to change your immigration status to E2. If you are an employee applying for the visa, your employer must submit Form I-129 for you. Send all the forms to the U.S. Citizenship and Immigration Services (USCIS) for processing.
5. Schedule a visa interview: Be ready to answer questions about your investment, the nature of your business, funding, and your intentions while in the US.
6. Provide biometric information: The principal applicant must provide biometric information, such as fingerprints and photographs, during the application process.
7. Receive the visa: If you successfully obtain the visa, you can work and live in the U.S.
8. Maintain E2 status: You must now maintain your treaty investor status by actively managing and operating the business. As long as you continue to meet the visa requirements, you can renew the visa (usually every two years).

Document Checklist

You will need to submit a set of documents to support your E2 application. These can include:

• DS-160: a non-immigrant visa application form.
• Passport: Your passport with a minimum of six months validity beyond your intended period of stay in the US.
• Photograph: One passport-sized color photo.
• Comprehensive Business plan: A detailed business plan (or business proposal) outlining your investment. The business plan should include details such as the company name, the nature of the operating commercial enterprise, and its potential for profitability and likelihood of being a successful enterprise.
• Proof of investment funds: Documents that indicate the source of the funds, such as bank statements and promissory notes.
• Proof of bona fide enterprise: Documentation (such as business licenses) proving that the business you plan to invest in is a real, active, and operating.
• Articles of Incorporation/Registration: If the business is already established, provide the articles of incorporation or registration.
• Lease agreement or property ownership: Provide a proof of secured location for your business.
• Financial statements: If applicable, provide the enterprise’s financial statements for the past two to three years. This can include balance sheets, income statements, and cash flow statements.
• Market research and projections: Provide research and analysis that supports the potential success of your business.
• CV/Resume: Highlight your relevant experience and qualifications.
• Employment details: Information about any employees you plan to hire in the US.
• Proof of managerial role: Provide proof of ownership or a management position.
• Proof of treaty country citizenship: Provide documents that prove your citizenship in a treaty country eligible for the visa.
• Payment receipt: A receipt of the visa application fee.
• Corporate documents (if applicable): If the enterprise has multiple owners or shareholders, provide corporate documents showing ownership percentages.
• Additional supporting documents: Any additional documents that can strengthen your case, such as contracts, licenses, or permits.

Please note that additional documentation may be required, depending on your E visa enterprise.

E2 USA Visa Processing Time

The E2 Visa processing time can vary based on your home country and the time taken for USCIS or the US consulate to review your application. Generally, it can take anywhere from about two weeks to a few months to obtain the visa.

Premium processing is a streamlined option only for E2 Visa change of status applications made inside the United States. For an extra fee from $2,500 to $2,805, this service helps speed up the decision-making process. The goal is to provide an answer within 15 business days and reduce wait time.

However, premium processing is not available for first-time E2 Visa applications or for those applied for outside the U.S.

Since the E2 investor visa process can be complicated, it’s a good idea to talk to an experienced E2 Visa lawyer. They can simplify the process for you and ensure you have all the necessary documents for successful application.

E2 Visa Duration

An E2 Visa can be valid from three months to five years, depending on the country of which you are a citizen. However, regardless of how long the visa is valid for, you will be allowed an initial stay of up to two years in the US. This stay can be renewed as many times as necessary, provided that you continue to satisfy the visa’s requirements.

E2 Visa extension

To extend your visa, you must demonstrate that your business is still active and viable. You can renew the visa every two years, and there is no limit to the number of times the visa can be renewed.

E2 Visa Cost

The costs for the E-2 visa depend on various factors, including where you are applying from, and whether premium processing is requested.

The main cost is the investment itself. Even though there is no set minimum amount, we can consider $85,000 to $100,000 as a starting point.

Other costs involve fees for applications and forms, biometric appointments, translation of documents, legal assistance, and so on.

There is a $600 fee to file Form I-129 (Petition for Nonimmigrant Worker) with USCIS. If premium processing is requested, there is an additional fee between $2,500 and $2,805.

Pros and Cons of the E2 Visa

Like any visa category, the E2 Visa comes with its own set of advantages and disadvantages:

Pros

• Quick processing time: USCIS generally processes this visa faster than other US visas, making it a quicker option for those looking to start a business in the US.
• No fixed minimum investment amount: Unlike certain investment-based visas like the EB5 Visa, the Visa E2 USA does not have a fixed amount required. The investment should be a substantial amount in relation to the total cost of the enterprise.
• Flexibility in business types: This visa allows you to invest in a wide range of businesses, from established enterprises to startups, as long as they meet the qualifying criteria.
• Family inclusion: Your spouse and unmarried children under 21 can accompany you to the US on an E2 dependent visa.

Cons

• Non-immigrant status: The E2 is a non-immigrant visa, which means it does not lead directly to permanent residence (Green Card). If you want to know how to get a Green Card, other visas such as the EB-5 Visa may be more suitable.
• Investment and active involvement required: To maintain visa status, you must provide a substantial investment in an actively operating business and be actively involved in its management.
• Limited to treaty countries: The visa is available only to citizens of countries that have a treaty of commerce and navigation with the US. Not all other countries are eligible for this visa.
• No direct path to citizenship: While this visa provides a lawful nonimmigrant status and allows for indefinite renewals, it does not offer a direct pathway to US citizenship. If your ultimate goal is to become a US citizen, you may need to explore other visa options that lead to permanent residency (a Green Card) and citizenship.
• Risk factors: There is a potential loss of investment if the business venture fails. The success of the E2 visa application relies on the viability of the business proposal. There is also a chance for the initial application to be denied. To minimize risks, do a thorough research, ask for professional guidance, and prepare all the necessary documents.

Do E2 Visa holders pay taxes?

You will need to pay taxes on all qualifying income. How much tax you pay on such income depends on your tax status. Depending on whether you’re a resident alien or a non-resident alien (for tax purposes), the tax treatment will differ. It’s recommended to take the Substantial Presence Test to determine your status.

If in doubt, speak to a tax specialist to help determine your tax situation in the country.

E2 Visa and Path to Citizenship

As an E2 Visa holder, you cannot apply for naturalization to become a US citizen. If that’s your plan, you must first obtain lawful permanent resident status (Green Card) through a different immigration pathway.

There are several ways to obtain a Green Card, such as:

• Employment-based sponsorship
• Family-based sponsorship
• Diversity visa lottery
• Refugee/asylum status

Once you have obtained a Green Card and meet the residency requirements (usually five years, or three years if married to a US citizen), you may be eligible to apply for US citizenship through the naturalization process.

During naturalization, you’d need to meet specific eligibility criteria, including good moral character, language proficiency, and knowledge of US civics.

Why work with Global Citizen Solutions?

Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.

• We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
• Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
• Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
• All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
• Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
• The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.

Frequently Asked Questions About the E2 Visa

What happens if the business venture fails?

If your US business is no longer operating, you may lose your E2 status as a treaty investor. This is why making a substantial investment in a well-established company is so important. If starting a new business, evaluate all aspects before making an investment.

How much do I need to invest for an E-2 Visa?

There is no fixed minimum investment sum for E-2 treaty investor visas, but it must be substantial relative to the cost of the enterprise. In general, applicants should be prepared to invest more than $100,000 to ensure a strong E2 Visa case.

Can money gifted by a family member be used for the E2 investment?

Yes, an investor can use gifted funds, from his or her family or other sources, for an E2 Visa business investment. But you must be able to demonstrate the legitimacy of the gift. All funds must be legally obtained to get the visa.

How long does it take to get the E2 Visa after the application is approved?

The time it takes to receive the E2 Visa may vary based on individual circumstances and processing times. In general, the E2 application process can take between two weeks to four months depending on the Consulate. The E2 Visa can take up to a week to arrive.

Can I work in the US while my E2 Visa application is being processed?

No, you cannot work in the US until your E2 Visa is approved, and you have a work authorization. However, you can work while waiting for your E2 Visa to be processed if you have another valid visa that permits you to work.

What is the success rate of E2 applications?

They are growing more and more popular every year. In 2021, the success rate for E2 Visa applications was 92%. In 2022, the success was 90.49%, with 45,878 visas issued. In 2023, 54,812 visas were issued, with a 90.71% success rate.

Are treaty investors allowed to bring their employees to the US?

Nonimmigrant treaty investors may apply for e-visas for employees who work in a supervisory or specialized knowledge capacity and ensure the efficient operation of the business.

An E2 employee may also work for the treaty organization’s parent company or one of its subsidiaries.

What is the expiration date of an E2 investor visa?

An E2 investor visa is initially valid for two years, but extensions can be granted indefinitely for two-year increments.

The expiration date is not the same as the departure date; E2 investor visa holders can stay until their extension application is decided.

Can I use an E2 Visa in an expired passport?

A valid visa remains valid even if the passport has expired. However, to use the valid visa for travel, you must present a valid passport from the country that issued the E2 Visa.

The immigration officer will examine both passports and validate your investor visa.

How hard is it to get an E2 Visa?

The difficulty of obtaining an E-2 visa depends on various factors, including your eligibility, the nature of your investment, and the documentation you provide to support your application. In 2021, the E2 Visa success rate was 92%, which shows high probability of success.