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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 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.
Some of the advantages of an E-2 visa include:
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.
Alien investors must meet the following E-2 visa requirements:
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.
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.
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.
With the valid E-2S status or unexpired EAD, the spouse can work for any employer or be self-employed.
E-2 dependent children are not authorized to work in the United States and are not eligible for Employment Authorization Documents.
Yes, it does. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.
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.
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.
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