Eligibility
Requirements

To qualify for the E-2 visa, the investor must:

• Be a citizen of a country with a qualifying trade treaty with the U.S. See List of Treaty Countries.

• Invest a significant amount of capital in a bona fide U.S. enterprise. Although no fixed amount is specified, investments typically start at $100,000 or more.

• Own at least 50% of the enterprise or hold a managerial position demonstrating operational control.

• The business must generate sufficient income to support the investor and their family or contribute to job creation.

• Investors must enter the U.S. to develop and manage the business directly (active role).

Types of Qualified 
Investment

New Ventures – Starting a new business from scratch.

Existing Businesses – Purchasing or expanding a pre-existing business.

Franchises – Investing in a franchise operating in the U.S.

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The investment must be "at risk", meaning the capital must be committed to the business, not sitting idle in a bank account. Loans secured against the business’s assets generally qualify, but the investor must demonstrate personal risk.

Applying for E-2 Visa

• If You Are Outside the U.S. – File for an E-2 visa at a U.S. consulate or embassy. Once approved, you can enter the U.S. under E-2 status.

• If You Are Inside the U.S. – Apply for a change of status to E-2 by filing Form I-129 with USCIS. Legal non-immigrant status is required at the time of application.

E-2 Visa Advantages

• You can work legally in the company that is an investment vehicle in the U.S.

• You can travel freely in and out of the U.S.

• You can stay on an extended basis with unlimited two-year extensions as long as you maintain E-2 status requirements.

• Your dependents under 21, relatives and spouse can accompany you. Your spouse may also work while in the U.S. while your dependents may attend U.S. schools, colleges, and universities, without applying for separate student visa.

E-2 Visa 
Disadvantages

• E2 visas are available exclusively to nationals of countries (listed below) having investment agreements with the U.S.

• You are restricted to work exclusively for the specific employer or self-owned business that acted as your E2 visa guarantor

• E2 visas are approved for two years at a time which makes the application/extension process slow.

Does the E-2 visa lead to a Green Card?

No, E-2 visa is a non-immigrant visa and does not directly lead to permanent residency. However, E-2 visa holders can explore pathways to a green card through options like the EB-5 investor visa, family sponsorship, or employer sponsorship.

What happens if my business fails while I am on an E-2 visa?

If the business ceases operations or fails, your E-2 status may be revoked. Since the visa is contingent on the business remaining active, failure to maintain the investment could lead to loss of status. However, you may apply for a different visa category or leave and reapply once a new qualifying investment is made.

Can I reinvest profits from the business to meet the investment requirement?

Yes, reinvesting profits into the business can demonstrate that the investment is active and at risk, which is a key E-2 requirement. However, the initial investment must still be substantial at the time of application.

How long does the E-2 visa application process take?

Processing times vary by consulate, but typically the application process takes between three to six months. Premium processing is available for certain petitions filed within the U.S., which guarantees a decision within 15 business days.

Can I bring employees from my home country on an E-2 visa?

Yes, you can bring employees if they share the same nationality as you and will work in an executive, supervisory, or essential skills capacity. They can apply for an E-2 employee visa to accompany you to the U.S.