E-2 Treaty Investor Visa

E-2 visa overview

The E-2 visa is a nonimmigrant visa, available to nationals of countries with which the United States has a treaty of commerce, investment, and navigation. Individuals who receive the E-2 visa are those who have made a substantial investment in a U.S. company and wish to come to the United States to develop and direct the business operations of that company. Certain employees of such individuals or qualifying organizations may also be eligible for this visa.

E-2 visa treaty countries

E-2 visa eligible countries include, without limitation: Armenia, Azerbaijan, Canada, Estonia, France, Georgia, Germany, Italy, Japan, Kazakhstan, South Korea, Kyrgyzstan, Latvia, Lithuania, Moldova, Ukraine, and the United Kingdom. For a more detailed list of E-2 visa countries, please see the U.S. Department of State’s Treaty Countries page.

E-2 Visa Benefits

Some of the advantages of an E-2 visa include:

• Arriving with the E-2 visa will give you the right to temporarily live and work in the United States.
• This visa category can be used by various types of companies, from a small business owned by a single investor to a large multinational corporation.
• The E-2 Treaty Investor visa can be used for purposes of overseeing investment in the United States.
• This visa can be used by a company’s principals or by its employees, as long as they are performing functions in accordance with the applicable rules.
• E-2 status can be extended in the U.S. almost indefinitely, if you continue to qualify. Many individuals in E-2 status have been in this country for 10 years or more.

E-2 visa processing time

How long it takes to get an E-2 visa depends largely on the U.S. consulate or embassy where you apply. The entire process, from submitting your documents to receiving the visa in your passport, may take as little as two to three weeks.

E-2 visa eligibility

Alien investors must meet the following E-2 visa requirements:

• The investor’s home country maintains a treaty of commerce and navigation with the United States. You can find a current list of E-2 eligible countries at the U.S. Department of State’s Treaty Countries page.
• The person has invested, or is actively in the process of investing, a substantial amount of capital in the U.S. business. There is no minimum amount required in order for the investment to be considered substantial (as little as $50,000 may be sufficient and even less than $50,000 investment has been approved, but any investment below $100,000 would need a very strong case to support it.)
• The business in which the investment was made is not less than 50% owned by citizens of the treaty country. Note here that foreign nationals who are also U.S. permanent residents cannot be counted toward determining at least 50% ownership.
• The investor intends to come to the U.S. to direct the operations of the company, either as the investor who will develop and direct the investment, or as a qualified manager / executive / supervisor, or specially trained and highly qualified employee necessary for the development of the investment.
• The investor possesses means of support independent of the enterprise.
• The investment should result in the creation of jobs for U.S. workers. While it is recommended to create jobs for at least 3-4 workers, there is no requirement for any specific number.
• The business must have a present or future capacity to generate “more than enough income” (if not initially, then at least within the five-year period); it must not be solely for the purpose of providing a living for the investor and his or her family.

Do I need a lawyer to obtain a Treaty Investor E-2 visa?

Many individuals successfully obtain an E-2 visa on their own. However, applying for this visa can be a long and complicated process. To make the E-2 visa process easier and faster, it is often beneficial to use the services of a qualified immigration lawyer. If you need legal assistance, please contact our E-2 visa attorney in Orange County, California.

E-2 visa dependents

The spouse and minor (under the age of 21) unmarried children of the E-2 visa holder are entitled to enter the United States with the visa holder. Once the children get married or attain the age of 21, they no longer can stay in the U.S. in treaty status.

Is an E-2 visa spouse authorized to work in the United States?

A spouse of an E-2 nonimmigrant is authorized to work in the United States based on E-2 status (without the need for an Employment Authorization Document), but only if his/her Form I-94 arrival record specifically indicates that he/she is the spouse of an E-2 nonimmigrant (the I-94 must indicate an E-2S class of admission). Additionally, the Form I-94 must be valid (unexpired).

If Form I-94 does not specifically indicate that the person is the spouse of an E-2 nonimmigrant, he/she must file an application for an Employment Authorization Document (Form I-765) and wait for it to be received in order to obtain work authorization. In this case, the spouse cannot begin working until the Employment Authorization Document (EAD) is received from USCIS. Once an EAD is issued, the spouse of an E-2 holder may work for any employer, but only for the period specified on the EAD.

Where can an E-2 spouse work?

With the valid E-2S status or unexpired EAD, the spouse can work for any employer or be self-employed.

Are E-2 dependent children authorized to work in the U.S.?

E-2 dependent children are not authorized to work in the United States and are not eligible for Employment Authorization Documents.

Does it matter how I got the money which I now want to invest?

Yes, it does. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.

E-2 visa application process

An E-2 visa application can be made exclusively through a U.S. consulate abroad. The person seeking to get an E-2 visa does not need to petition USCIS for preliminary approval. The procedures for obtaining an E-2 Treaty Investor visa at the U.S. consulate abroad vary by country.

Change of status to the E-2 category

If you are already in the U.S. in some other nonimmigrant category and you want to apply for the E-2 status without leaving the United States, you can request a change of status to E-2 by filing a Form I-129 with USCIS.

Extending an E-2 visa

If you are already in the United States in a valid E-2 status, you may request an extension of your stay by filing a request with the U.S. Citizenship and Immigration Services. Alternatively, you can leave the U.S. and apply for a new E-2 visa through a U.S. consulate abroad.

Page updated: March 17, 2025