Guide to the E-2 treaty investor visa, covering the substantial investment requirement, treaty country eligibility, business plan preparation, required documentation, and consular processing from application to approval.
Verify your country of nationality has an E-2 treaty with the United States
Not all countries have E-2 treaties. Major treaty countries include Canada, Japan, South Korea, Germany, France, the UK, Australia, and most EU nations. India, China, Russia, and Brazil do not have E-2 treaties. The full list is on the State Department website.
Confirm the investing enterprise is owned by treaty-country nationals
At least 50% of the enterprise must be owned by nationals of the treaty country. If the business is a corporation, the majority of shares must be held by treaty-country nationals. Mixed-ownership structures require careful documentation of ownership percentages.
Determine your role: principal investor or essential employee
E-2 visas are available to the principal investor who directs the enterprise, and to essential employees who have executive, supervisory, or specialized skills critical to the business. Essential employees must share the same treaty-country nationality as the business owner.
Investment Requirements
Make a substantial investment in a real, operating U.S. enterprise
There is no fixed dollar minimum, but the investment must be "substantial" relative to the total cost of the business. For small businesses, investments under $100,000 are scrutinized heavily. Typical successful E-2 investments range from $100,000 to $500,000+. The more capital invested, the stronger the case.
Show the funds are committed and at risk
The investment must be irrevocably committed — sitting in a bank account is not enough. Funds must be spent on business assets, equipment, inventory, leases, or escrow. The investment must be "at risk" in the commercial sense, meaning it could be lost if the business fails.
Document all funds spent on the business (receipts, invoices, contracts)
Show proof the funds are from a lawful source (bank statements, tax returns, loan documents)
Demonstrate the business is not marginal
The enterprise must generate significantly more income than just providing a living for you and your family, or it must have the present or future capacity to do so. Show revenue projections, existing contracts, or a business plan demonstrating the business will create jobs for U.S. workers within 5 years.
Business Plan Preparation
Write a detailed business plan for the enterprise
The plan should cover the executive summary, business description, market analysis, organizational structure, marketing strategy, and 5-year financial projections. For new businesses, consular officers rely heavily on the business plan to assess viability. Plans typically run 20-40 pages.
Include a 5-year financial projection with revenue, expenses, and profit forecasts
Show a staffing plan demonstrating job creation for U.S. workers
Include market analysis and competitive positioning
Demonstrate there is demand for your product or service. Include market size data, target customer profiles, competitive analysis, and your differentiation strategy. Cite industry reports or government statistics where possible.
Detail your operational plan and physical presence
Describe your business location, lease or purchase agreement, equipment, suppliers, and day-to-day operations. If the business isn't yet operational, show concrete steps taken: signed lease, purchased equipment, hired contractors, or obtained permits.
Document Preparation
Compile proof of investment and source of funds
Gather bank statements (3-5 years), wire transfer records, purchase receipts, commercial lease, business registration documents, and evidence of lawful source (salary records, property sale proceeds, inheritance documentation, or loan agreements).
Bank statements tracing the flow of funds from source to the U.S. business
All receipts and contracts showing funds already committed to the business
Prepare business formation and operational documents
Include articles of incorporation or organization, operating agreement, EIN confirmation from the IRS, business licenses and permits, commercial lease, payroll records (if employees hired), and any contracts with customers or vendors.
Prepare personal documents for the visa application
Valid passport (6+ months validity), DS-160 confirmation page, passport-sized photo (2x2 inches, white background), Form DS-156E (Treaty Investor Application — required by some consulates), resume, and proof of qualifications for essential employees.
Organize the petition package with tabs and a cover letter
Consular officers review hundreds of cases. A well-organized package with a 2-3 page cover letter summarizing the case, followed by tabbed exhibits, makes a strong impression. Group documents by category: investment proof, business documents, source of funds, and personal documents.
Consular Processing and Interview
Submit the E-2 application to the U.S. consulate
Some consulates accept applications by mail or dropbox 2-4 weeks before the interview; others require all documents at the interview. Check your specific consulate's procedures. Most European and Asian posts have specific E-2 submission windows or appointment systems.
Attend the visa interview
The interview lasts 10-30 minutes. Officers focus on: Is the investment substantial and at risk? Is the business real and operational (or will be)? Is the business marginal? What is the source of funds? Be prepared to discuss specific numbers — investment amounts, revenue, and employee count.
Receive the visa decision and passport with E-2 stamp
If approved, the consulate issues the E-2 visa (typically valid for up to 5 years with multiple entries, though this varies by treaty country). Your I-94 upon entry will show E-2 status for up to 2 years. E-2 status can be renewed indefinitely as long as the business remains operational.
Understand E-2 renewal and extension procedures
Renew at the consulate before your visa stamp expires, or extend status by filing Form I-129 with USCIS if already in the U.S. ($460 filing fee). At renewal, be prepared to show the business is still operational, has created jobs, and continues to meet E-2 requirements.
Frequently Asked Questions
How much do I need to invest for an E-2 visa?
There is no fixed minimum investment amount, but the investment must be substantial relative to the total cost of the business. In practice, investments under $100,000 face heavy scrutiny, and most successful petitions involve $150,000 or more. For lower-cost businesses like consulting firms, $80,000-100,000 may suffice, while restaurants or franchises typically require $150,000-300,000+. The investment must be at-risk (not held in a bank account) and committed to the business before filing. Consult an immigration attorney to evaluate whether your investment amount is sufficient.
Which countries qualify for the E-2 treaty investor visa?
Only citizens of countries that have a Treaty of Commerce and Navigation with the United States qualify for the E-2. Approximately 80 countries have such treaties, including the UK, France, Germany, Japan, South Korea, Mexico, Australia, Canada, and Turkey. Notable exclusions include India, China, Brazil, Russia, and South Africa. Some investors from non-treaty countries obtain citizenship in a treaty country (such as Grenada, which has both a Citizenship by Investment program and an E-2 treaty) to qualify.
How long does the E-2 visa last?
The initial E-2 visa is typically issued for 2-5 years depending on the reciprocity schedule for your country of citizenship. Extensions can be filed in 2-year increments from within the US, or you can exit and re-enter on a valid E-2 visa stamp. There is no maximum limit on E-2 renewals as long as the business continues to operate and meet the treaty requirements. Unlike the EB-5, the E-2 does not directly lead to a green card.
Can E-2 visa holders' families work in the US?
E-2 principal visa holders' spouses (E-2 dependent) receive automatic work authorization in the US for any employer in any field, without needing a separate EAD since January 2022. Minor children (under 21) can study but cannot work. The spouse's work authorization is tied to the E-2 principal's valid status. This is one of the most attractive features of the E-2 compared to other work visa categories where spousal employment is restricted.