The E-2 visa, also known as the “Treaty Investor Visa,” allows entrepreneurs from Treaty countries to work and live in the US, while managing and growing their business investment. One of the pros of the E-2 visa is that it can be renewed indefinitely, as long as you continue to meet the eligibility criteria and the business remains viable.
Requirements:
- Nationality
To qualify for an E-2 visa, you have to be a citizen of a country that maintains a qualifying treaty with the United States. Not all nations have these treaties, so confirming your country’s eligibility is the first step. You can check the list of treat countries here. - Substantial Investment
The amount of money you invest must be considered “substantial” in relation to the total cost of buying or establishing the business. While there isn’t a fixed dollar figure set in stone, this generally means an amount significant enough to ensure the business can operate effectively. - Real Operating Enterprise
Your investment can’t be passive (like purchasing stocks without active involvement). The business should be a real, active enterprise offering goods or services for profit. In other words, it must be more than just a paper organization or a speculative venture. - Active Role and Control
As the investor, you need to own at least 50% of the business or maintain a position that grants you operational control. E-2 visa holders are expected to play an active role in managing the day-to-day operations or overall strategic direction of the company. - Non-Marginal Enterprise
The business should have the capacity to generate more than just enough income for the investor’s living expenses. It should ideally support job creation for U.S. workers or contribute positively to the local economy.
Application Process
- Determine Treaty Eligibility
Begin by confirming that your country has a valid investor treaty with the U.S. Official U.S. government websites and resources can help you verify this. - Choose a Business Model
Decide whether you plan to start a new business, invest in a franchise, or purchase an existing company. Be prepared to show thorough documentation about the enterprise’s projected costs and potential revenue. - Invest or Commit Funds
You must show that your funds are actively at risk. This may include bank statements, purchase agreements, or loan documentation (if applicable). Merely indicating the intent to invest is not sufficient; you should be close to finalizing the transaction or have funds already spent toward the business. - Gather Required Paperwork and Attend Your Consular Interview
Schedule an appointment at the U.S. embassy or consulate in your home country (or the country where you lawfully reside). During the interview, be prepared to explain your investment, your anticipated role, and the long-term viability of your business. You should also demonstrate that you plan to return to your home country once your E-2 status ends.
Initially, the E-2 visa is often granted for up to five years, depending on your treaty country’s reciprocal agreement with the U.S. However, you’re typically admitted for up to two years upon each entry to the United States. You can request unlimited two-year extensions as long as you continue to meet the requirements.
Your spouse and unmarried children under 21 can accompany you on E-2 dependent visas. A spouse on an E-2 dependent visa may be eligible to apply for work authorization and legally work in the U.S. Children, meanwhile, can attend school without needing a separate student visa.
