E-2 treaty investor visa
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The E-2 lets a national of a country that has a qualifying treaty with the United States come to develop and direct a U.S. business in which they have invested, or are actively investing, a substantial amount of capital. Eligibility depends on nationality, not on where the person lives, and there is no fixed minimum investment.
What the regulations require
- nationality of a treaty country, and at least 50 percent ownership of the business by nationals of that country;
- a substantial investment, committed and at risk, in a real and operating commercial enterprise;
- an enterprise that is not marginal: it must have the capacity to generate more than enough income to provide a minimal living for the investor and family, or to make a significant economic contribution;
- a role to develop and direct the enterprise (or, for employees, an executive or supervisory role or essential skills).
'Substantial' is judged in relation to the cost of buying or starting the type of business (8 C.F.R. § 214.2(e)(14)). The Department of State publishes the list of treaty countries.
How the process generally works
- Most people apply for an E-2 visa at a U.S. consulate, with Form DS-160 and the consulate's E-2 application and business evidence.
- A person already in the United States in another status may ask USCIS for a change of status on Form I-129.
How long it lasts
A treaty investor may be admitted for up to two years at a time (8 C.F.R. § 214.2(e)(19)), with extensions while the business continues to qualify. The visa's validity depends on the treaty country. A spouse and children under 21 may accompany, and the spouse may work.
Questions and answers
How much do I need to invest for an E-2?
No fixed amount is set. The investment must be substantial in relation to the cost of the type of business and enough to show commitment and likely success.
Does the E-2 lead to a green card?
Not by itself; the E-2 is a nonimmigrant status. Some investors later qualify for a green card through another category.
My country is not on the treaty list. Can I still apply?
Generally not as an E-2 investor; eligibility follows the nationality of the investor and of the business's owners.
Sources
- 8 C.F.R. § 214.2(e) — treaty traders and investors (eCFR)
- USCIS — E-2 treaty investors
- U.S. Department of State — Treaty countries
Related categories
- L-1A / L-1BIntracompany transfer
- EB-1CGreen card — multinational executives & managers
- O-1AExtraordinary ability — sciences, business, education, athletics
This page is general information about U.S. immigration law, not legal advice. Requirements and procedures change, and whether a category fits depends on the facts of each case. Government filing fees are separate and are set by the agencies.