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

The E-2 Visa is a nonimmigrant visa that enables investors and treaty traders to work and live in the United States. Nonimmigrant treaty investors can start their own businesses, make investments, engage in international trade, invest in technology, and take part in other activities.

The E-2 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 certain 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, which is more than one person.

In this complete guide to the E2 visa, you’ll read about the potential benefits of visa holders, 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. The foreign investment must be active, at risk, and indicate that visa applicants are allocating enough funds to run the business.

The E2 Visa USA doesn’t provide a permanent residence (or Green Card). However, it allows nonimmigrant treaty investors to enter the United States to invest a substantial amount of capital in a U.S business, including startups, franchises, and existing businesses.

Benefits of E2 Visa USA

The E-2 Visa comes with several benefits for foreign nationals. These can include:

• Temporary residence. Visa applicants can live and work in the U.S. as long as their business is operational and their E status is valid.
• Family eligibility. A spouse or other family members 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. Treaty investors can work with different kinds of businesses, from retail to service, as long as they meet the investment criteria.
• Open travel. Treaty investors 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 E-2 Visa provides an initial stay of up to two years. But, it can last anywhere from three months to five years. The E status can be extended indefinitely if your business is active and meets the visa requirements.
• No minimum level of education. Visa applicants 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 U.S business.
• No set E-2 Visa minimum investment. 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 residence. While the E-2 Visa doesn’t provide a permanent residence 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, 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 E-2 Visa, a treaty trader must be a citizen of a treaty country, whether they obtained citizenship through naturalization or birth. More than 80 countries have a treaty with the U.S. If a treaty trader has citizenship in more than one E2 country, they can apply for a treaty investor status visa using any of those.

If you are from certain countries not on the list, you cannot apply for the E-2 Visa.

2. Meet the E2 Visa investment amount

Visa applicants 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 costs. The lower the business’s cost, the more you must invest.

For example, if you start with a $50,000 U.S business, you would likely need to invest 100 percent of the funds to prove your commitment. But if you were to start a $1,000,000 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 U.S 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 treaty investors, their 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 E-2 Visa.

3. 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 U.S 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. A treaty trader must own at least 50 percent of the enterprise or have operational control through a managerial position.
• Have a profitable U.S business. The new enterprise should generate more than enough income for a comfortable living to ensure efficient operation. It should also make a significant economic impact in the US.

4. Prove your 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 E-2 Visa provides a nonimmigrant status; visa applicants are not eligible for permanent residence.

To obtain the lawful nonimmigrant status, treaty investors must provide a written statement to the US Embassy that they will leave the country once the validity date on their E-2 Visa expires.

E-2 Visa Investment Criteria

The qualifying investment must meet the following criteria for a visa application:

• 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 or business model should positively impact the US economy and provide job creation 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 treaty trader or their family.
• The investment capital must be lawfully acquired. The United States maintains strict guidelines when it comes to foreign investments from treaty investors or other visa applicants. The source of your investment funds must be lawful. As a treaty trader, you cannot provide such income obtained through illegal means.

E2 Visa Employee Requirements

As a principal investor, you can apply for an E-2 for qualifying employees with specialized skills, who are usually of the same nationality as yours (same treaty country). The registration might take a few months, depending on the jurisdiction. The E-2 employee visa can be obtained within two weeks.

The E-2 Visa can be extended indefinitely 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.
• They are usually of the same nationality (treaty country) as the treaty investors.

Skilled workers or specialists with special qualifications

• The employee must have specialized skills 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.
• The employee is often of the same nationality (treaty country) as the treaty investors.

E2 Visa Application Process

E-2 Visa applicants should follow these steps when submitting the visa application:

1. Determine eligibility: The person applying must be a citizen of a treaty country.
2. Plan your investment: The principal applicant for the E-2 Visa must decide on the business model they want to invest in. Treaty investors can purchase an existing business or establish a start-up. Calculate the significant 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 to boost job creation and ensure successful operation.
4. Submit the application: Collect all the necessary documents for your investment enterprise, including the business plan. 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 essential employee applying for the visa, your employer or treaty trader 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: During a visa interview, you will 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 during the application process for employment authorization. These include fingerprints and photographs.
7. Receive the visa: If you successfully obtain the nonimmigrant visa or employment authorization document, you can work and live in the U.S.
8. Maintain E-2 status: You must now maintain your treaty investor status by actively managing and operating the business. As long as you continue to meet the E-2 Visa USA requirements, you can renew the visa (usually every two years).

Document Checklist

When applying for the E-2 Visa, treaty investors must provide the following documents:

• DS-160: a nonimmigrant visa application form.
• Passport: a valid passport with a minimum of six months validity beyond your intended period of stay in the US.
• 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 essential employees you plan to hire in the US. Workers with special qualifications or specialized skills are more likely to receive work authorization.
• 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 E2 USA.
• 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 based on the business model.

Please note that the application process may require additional documentation, depending on your E visa enterprise.

E2 Visa Processing Time

The E2 Visa processing time can vary based on your home country and the time taken for U.S. Citizenship and Immigration Services (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 reduces the wait time on 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 E-2 Visa applications or for those who applied outside the U.S.

Since the E-2 investor visa process can be complicated, it’s a good idea to talk to an experienced E2 Visa lawyer. They can simplify the application process for you, prepare you for the visa interview, and ensure you have all the additional documentation for successful application.

E2 Visa Duration

Wondering how long the non-immigrant status lasts on E Visas? It depends on the visa category. An E-2 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. The automatic two-year period can be renewed as many times as necessary, provided that you continue to satisfy the visa’s requirements.

To extend your E2 Visa USA, you must demonstrate that your business is still active and viable. Treaty investors may apply to renew their validity date every two years, and there is no limit to the number of times the E-2 status can be renewed. After treaty investors restore their E-2 status, they can re-enter the United States.

E-2 Visa Cost

The costs for the E-2 Visa depend on various factors, such as the location of your home country and whether premium processing is requested. The main cost is the investment itself, including the purchase price. Even though there is no set minimum amount, we can consider $85,000 to $100,000 as a starting point for a treaty trader.

Other costs involve fees for initial application, 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 U.S. Citizenship and Immigration Services (USCIS). If treaty investors request premium processing, there is an additional fee between $2,500 and $2,805.

Your business must not be marginal. It should generate more than minimal living expenses for you and your dependents. Once employment authorization (or work permit) is granted, the visa application allows spouses to pursue jobs in any industry. Upon arrival in the United States, Border Protection officers will review your documents and ensure that your dependents have adequate employment authorization.

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 E visas, making the application process a quicker option for those looking to start a new business in the U.S.
• No set 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 nonimmigrant visa allows you to invest in a wide range of businesses, from established enterprises to startups, as long as they meet the qualifying criteria.
• Including family members: Your spouse and unmarried children under 21 can accompany you to the U.S. on an E2 dependent visa. Your spouse can apply for employment authorization to work in the U.S.

Cons

• Nonimmigrant E-2 status: The E2 is a nonimmigrant 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, treaty investors must provide a substantial investment in an actively operating business and ensure efficient operation.
• 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 residence (a Green Card) and citizenship.
• Risk factors: With E visas, there is a potential loss of investment if the business venture fails. The success of the E-2 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, treaty investors must do a thorough research, ask for professional guidance, and prepare all the necessary documents.

E2 Visa and Path to Citizenship

E-2 Visa holders cannot apply for naturalization to become US citizens. Treaty investors who want citizenship, 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 members sponsorship (spouse and unmarried children)
• Diversity visa lottery
• Refugee/asylum status

Once a treaty trader obtains a Green Card and meets the residency requirements (usually five years, or three years if married to a US citizen), they may be eligible to apply for US citizenship through the naturalization process.

During naturalization, treaty investors 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 is E2 visa?

The E-2 is a temporary, nonimmigrant visa designed for treaty investors who want to enter the country and manage a U.S business they’ve invested in. It requires an investment that is considered substantial and enough to ensure the efficient operation of the investment enterprise.

What happens if the business venture fails?

If your U.S business is no longer operating, you may lose your E-2 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. You need excellent commerce and navigation skills.

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, treaty investors should be prepared to invest more than $100,000 to ensure a strong E-2 Visa case.

Can money gifted by a family member be used for the E-2 investment?

Yes, an investor can use gifted funds from his or her family members or other sources for an E-2 Visa business investment. But treaty investors must be able to demonstrate the legitimacy of the gift. All funds must be legally obtained to get the visa.

Do E-2 Visa holders pay taxes?

Visa holders will need to pay taxes on all qualifying income regardless of their nonimmigrant status. 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.

How long does it take to get the E-2 Visa after the application is approved?

The time it takes for treaty investors to receive the E-2 Visa may vary based on individual circumstances and processing times. In general, the E-2 application process can take between two weeks to four months depending on the Consulate. The E-2 Visa can take up to a week to arrive.

Can I work in the US while my E-2 Visa application is being processed?

No, treaty investors cannot work in the US until their E-2 Visa is approved, and they 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 or participate in international trade.

What is the success rate of E-2 applications?

E visas 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, making it a practical choice for treaty investors to achieve a nonimmigrant status.

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 U.S business. An E-2 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 E-2 investor visa is initially valid for two years, but extensions for the non-immigrant status can be granted indefinitely for two-year increments, so you can re-enter the United States. The expiration date is not the same as the departure date; E-2 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, visa applicants must present a valid passport from the country that issued the E-2 Visa. The consular officer will examine both passports and validate your investor visa so you can re-enter the United States.

Is an E-2 Visa dual intent?

The E-2 Visa category provides a temporary nonimmigrant status. Since it doesn’t allow for dual intent, like other visas, treaty investors from certain countries must demonstrate their plans to return to their home country when they want to extend the automatic two-year period for employment authorization.

Can E-2 treaty investors bring their family members to the U.S.?

Yes. E-2 visa holders can bring more than one person. That includes their spouse and unmarried children under 21. While unmarried children cannot work, spouses can apply for employment authorization. Family members must be of the same nationality as the treaty investors. All dependents must maintain valid E visas during their stay.

What documents do you need for the E-2 visa interview?

For the visa interview, E-2 visa applicants will need a valid passport that ties them to their home country, bank account statements, a bona fide enterprise, and proof of treaty country citizenship.

Border Protection officers may inspect visa holders upon entry, while the Department of Homeland Security oversees broader immigration compliance, including visa eligibility and E-2 visa travel restrictions.

How hard is it to get an E2 Visa?

The visa application can be complex. But whether you get the E-2 visa depends on various factors, including your eligibility, the nature of your investment, your commerce and navigation skills, and the additional documentation you provide to a consular officer to support your application. In 2021, the E2 Visa success rate was 92%, which shows a high probability of success.