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E-2 Treaty
Investor Visa

Invest, Build, and Manage Your
U.S. Business with Confidence

The E-2 Treaty Investor Visa allows qualified nationals from treaty countries to establish or acquire U.S. businesses and manage daily operations while residing lawfully in the United States. Kameli Law provides full-service guidance for E-2 investors—from entity formation and investment structuring to source-of-funds documentation, business plan preparation, and interview representation.

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Request an E-2 Investor Consultation

Learn whether your investment or business qualifies for the E-2 visa.

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What Is the E-2 Treaty Investor Visa?

The E-2 visa is a nonimmigrant classification that allows nationals of certain treaty countries to live and work in the U.S. by investing a substantial amount of capital in a bona fide enterprise. You must actively develop and direct the business—not merely invest passively. While it does not directly grant permanent residency, E-2 status can be renewed indefinitely as long as your business remains active and meets all legal requirements.

Who Qualifies
for the E-2 Visa?

To qualify, an applicant must show:

Treaty Nationality

You must be a citizen of a country that maintains a qualifying treaty with the U.S.

Substantial Investment

You’ve invested or are actively investing significant capital in a real, operating business.

Ownership or Control

You own at least 50% or hold operational control.

Non-Marginal Enterprise

The business must create meaningful income or U.S. jobs.

Lawful Fund Source

All investment funds must come from legitimate, traceable sources.

Check if Your Country Qualifies

View the official list of treaty countries on the U.S. Department of State website.

See Treaty Country List

Key Benefits of the E-2 Visa

  • Fast Processing: Often approved in 2–3 months, depending on the U.S. consulate.
  • Flexible Investment Threshold: No fixed dollar amount—proportional to business cost and size.
  • Unlimited Renewals: Extend status every 2–5 years while the business operates.
  • Family Benefits: Spouse may work in the U.S. (EAD authorization), Children under 21 may study in the U.S.
  • Business Control: You manage and grow your own enterprise.
  • Potential Future Pathways: May transition later to EB-5, EB-1C, or NIW if business expands or impact increases.

Understanding Substantial Investment

There’s no statutory minimum, but the amount must be sufficient to ensure the success of the business. USCIS applies a proportionality test:
  • Smaller businesses often require an 80–100% investment of total cost.
  • Larger or capital-intensive projects may qualify with lower percentages.
Typical investments range from $100,000 to $300,000, though results vary by industry. The key is demonstrating that your capital is “at risk” and committed—not speculative.

Acceptable
Business Models

Starting a new enterprise (tech, retail, hospitality, consulting)
Purchasing or expanding an existing U.S. business
Investing in a franchise model
Expanding a foreign company into the U.S. (with 50% treaty-national ownership)

Not suitable: purely passive investments such as undeveloped real estate or stocks.

Step-by-Step E-2 Application Process

Strategic Assessment

Step 1

Confirm treaty eligibility and assess investment readiness.

Set up your U.S. business (LLC or corporation) and open bank accounts.

Step 2

Entity Formation

Business Plan Development

Step 3

Create a 5-year projection showing job creation and sustainability.

Execute leases, purchase equipment, make payroll, and show funds are at risk.

Step 4

Investment Deployment

Evidence Compilation

Step 5

Include DS-160/DS-156E, ownership and fund tracing documentation, contracts, and invoices.

Submit to the U.S. consulate or USCIS; attend an interview demonstrating operational control.

Step 6

Filing & Interview

Visa Issuance

Step 5

Visa validity is based on treaty reciprocity (often 2–5 years).

Track performance, hire per your business plan, and prepare renewals 6–9 months early.

Step 6

Ongoing Compliance

E-2 vs. Other Visa Options

Visa Type Focus Investment / Capital Path to Green Card
E-2 Ownership & control of business No fixed minimum; “substantial” per proportionality test Not direct, but convertible (EB-5 / EB-1C / NIW)
EB-5 Immigrant investor program Higher investment ($800K–$1.05M) Yes (direct permanent residence)
L-1 Intracompany transfer Qualifying foreign company required Possible via EB-1C
International Entrepreneur Parole Startup growth with U.S. funding Investment from U.S. investors Temporary parole (not visa)

Dependents (Spouse & Children)

Your spouse and unmarried children under 21 can join you as E-2 dependents.

  • Spouses may apply for unrestricted work authorization.
  • Children may attend U.S. schools but cannot work.
Dependents’ status is tied to the principal E-2 investor and ends when the child turns 21.

Common Mistakes to Avoid

  • Under-capitalizing the business or leaving funds idle.
  • Missing documentation on source and path of funds.
  • Submitting unrealistic or generic business plans.
  • Treating passive investments as qualifying enterprises.
  • Ignoring ownership nationality structure (must remain ≥50% treaty-national).

Frequently Asked Questions

Is there a minimum investment amount?

No. It depends on the cost and nature of your specific business.

Funds already spent or irrevocably committed—leases, payroll, inventory, and startup costs.

Yes, if you show concrete steps toward full operations and credible job creation plans.

Usually 2–5 years, depending on nationality, with indefinite renewals.

Not directly. Many investors later transition to EB-5, EB-1C, or EB-2 NIW pathways as their business grows.

Schedule an E-2 Visa Consultation

Our attorneys will guide you through every step—from investment structure to interview approval.

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