E-2 Treaty Investor Visa
The E-2 Treaty Investor visa allows nationals of certain treaty countries to enter the United States for the purpose of developing and directing a business in which they have made a substantial investment. This nonimmigrant visa is designed for foreign entrepreneurs who wish to establish or grow a business in the U.S. and maintain an active role in its operations.
Who Qualifies for an E-2 Visa
To be eligible for an E-2 visa, applicants must:
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Be a citizen of a country that maintains a qualifying treaty with the United States
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Invest a substantial amount of capital in a real and operating U.S. enterprise
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Hold at least 50% ownership or control of the enterprise
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Enter the U.S. to develop and direct the business
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Demonstrate that the investment is at risk and committed to the business
There is no official minimum investment amount; however, applicants typically invest between $50,000 and $200,000 USD depending on the nature and scale of the business. The investment must be sufficient to ensure the successful operation of the enterprise.
Investment and Business Requirements
To qualify as a valid investment under the E-2 visa:
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The business must be an active, for-profit enterprise
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The investment must be irrevocably committed prior to the visa application
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The investor must show evidence such as incorporation documents, lease agreements, invoices, payroll records, or business plans
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The business must not be marginal, meaning it should have the capacity to generate more than just minimal income for the investor and their family
Passive investments or speculative ventures do not meet E-2 requirements.
Work Authorization and Employment Scope
E-2 visa holders are only authorized to work in the specific business for which their visa was granted. Employees of E-2 companies may also qualify if they share the nationality of the principal investor and hold executive, supervisory, or essential roles within the company.
Visa Duration and Extensions
The E-2 visa is initially granted for up to two years. However, visa holders may extend their stay indefinitely in two-year increments, as long as the business continues to operate and meet all requirements. Reentry into the U.S. after travel abroad may trigger an automatic two-year renewal if the visa holder is still eligible.
Family Members
Spouses and unmarried children under the age of 21 may accompany or later join the E-2 investor in the U.S. Spouses are eligible to apply for work authorization and may work for any employer. Children may attend school but are not permitted to work.
Key Benefits of the E-2 Visa
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No set limit on the number of visa extensions
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Investor can live in the U.S. while actively managing the business
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Spouse can obtain work authorization
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Dependents can live and study in the U.S.
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Fast processing compared to many immigrant visa categories
While the E-2 visa does not provide a direct path to permanent residency, visa holders may explore alternative immigration options in the future, depending on their qualifications and business success.
