Last updated: November 2026
What is the E-2 treaty investor visa?
The main requirements
| Requirement | What it means |
|---|---|
| Treaty country citizenship | You must hold a passport from a country that has an E-2 treaty with the U.S. Your country of birth or residence does not decide this; your citizenship does. |
| Substantial investment | The amount must be substantial in proportion to the cost of the business. There is no single fixed minimum; the lower the cost of the business, the higher the share that normally needs to be invested. |
| Funds at risk | The money must be committed and at risk, not just sitting in an account. It must come from a lawful source that you can document. |
| A real, operating business | The enterprise must be active and for profit. It cannot be marginal: it should be able to produce more than a minimal living for you and your family, or have a significant economic impact. |
| You develop and direct it | You must have at least 50% ownership or operational control, and you must come to the U.S. to develop and direct the business. |
What the E-2 does and does not give you
- Stay: usually admitted for up to two years at a time, depending on your country, and renewable as long as you keep qualifying.
- Spouse: an E-2 spouse can generally work in the U.S.
- Children: unmarried children under 21 can study but cannot work on E-2 dependent status.
- Not a green card: the E-2 does not lead to permanent residence on its own. Some investors later pursue another route, such as an employment-based or investor green card, if they qualify.
How the process works
- Confirm your nationality is on the treaty list.
- Choose the business: a new one or an existing one for sale.
- Document the funds and where they came from.
- Commit the investment and prepare a business plan showing real operations and job potential.
- Apply at a U.S. consulate, or file with USCIS if you are already in the U.S. in a status that allows a change.
- Operate and renew as long as the business keeps meeting the rules.
Frequently asked questions
What is the E-2 visa?
The E-2 is a non-immigrant visa for citizens of treaty countries who invest a substantial amount in a real, operating U.S. business and come to develop and direct it.
How much do I need to invest for an E-2?
There is no fixed minimum in the law. The investment must be substantial in proportion to the total cost of the business, it must be at risk, and the business must not be marginal.
Does the E-2 lead to a green card?
Not by itself. The E-2 is a non-immigrant status. It can be renewed, but permanent residence needs a separate route if you qualify for one.
Which countries qualify for the E-2?
Only citizens of countries that have a qualifying treaty with the U.S. The Department of State publishes the current list. Your citizenship matters, not where you were born or where you live.
Can my spouse work on an E-2?
Generally yes. An E-2 spouse can work in the U.S. Unmarried children under 21 can study but cannot work.
Can I buy an existing business for an E-2?
Yes. Many E-2 investors buy an existing business or a franchise, as long as it is a real, operating business and the other requirements are met.
Is an E-2 guaranteed to be approved?
No. Each application is decided on its own facts. No consultant or attorney can guarantee approval.
Is there a minimum amount, like $100,000, that gets you an E-2?
No. That is a popular rumor. The law has no fixed minimum. The test is whether the investment is substantial for that business, at risk, and in a real active company.
Can I buy a house or rental properties and get an E-2?
Usually not. The investment must be in an active, operating business that you develop and direct. Passive holdings such as land, stocks, crypto or a home to live in generally do not qualify.
Can I use a loan to invest?
The money must be at risk and come from a lawful source you can document. A loan secured by the business's own assets generally does not count as your investment. Each case needs review.
Can I work for another company on an E-2?
The E-2 investor generally works for the investor's own enterprise. Your spouse is different: an E-2 spouse can generally work anywhere.
Can my parents or siblings join me?
No. The E-2 covers your spouse and unmarried children under 21.
What happens when my child turns 21?
The child no longer qualifies as a dependent and needs a status of their own, for example as a student.
Does time on an E-2 count toward citizenship?
No. The E-2 does not lead to permanent residence or citizenship on its own, and time in E-2 status does not count toward a green card.
Can I run my existing foreign business from the U.S. on an E-2?
The enterprise must be a U.S. business. A foreign company alone does not qualify.
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