E-2 Visa: Everything You Need to Know to Start a Business in the U.S.
Jewish Immigration Specialist in New York City | Founder of Immigreator Law
Advising international entrepreneurs on U.S. market entry through the E-2 Treaty Investor visa, with an emphasis on investment strategy, corporate structuring, and regulatory risk assessment.
—Maimon Miller
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Short answer: The E-2 visa allows nationals of certain treaty countries to live and work in the United States by investing in and actively running a U.S. business.
The E-2 Treaty Investor visa is a nonimmigrant U.S. visa that allows nationals of certain treaty countries to enter and work in the United States based on a substantial investment in a U.S. business. In other words, if you are from a country that has a qualifying treaty with the U.S. and you invest a significant amount of capital in a bona fide American enterprise, the E-2 visa lets you come to the U.S. to develop and direct that business.
The E-2 is a temporary visa and does not directly lead to a green card. However, it can be renewed indefinitely as long as the business continues to operate and meet the visa requirements.
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Short answer: To qualify for an E-2 visa, you must be a citizen of a treaty country and have invested, or be actively investing, a substantial amount of capital in a real and operating U.S. business that you will develop and direct.
To be eligible for an E-2 visa, you must be a citizen of a country that has an E-2 treaty (commerce and navigation treaty) with the United States. You must also have invested, or be actively in the process of investing, a substantial amount of capital in a real and operating U.S. business.
In addition, you must be coming to the United States to develop and direct the enterprise, typically as the owner or a key executive. The business cannot be a mere marginal venture. It must have the capacity to generate more than minimal living income for you and your family, meaning it should contribute economically or eventually create jobs.
Only nationals of treaty countries are eligible for E-2 visas. For example, citizens of countries such as France, Mexico, Canada, the United Kingdom, Japan, Thailand, and many others may qualify, while citizens of non-treaty countries, such as China or India, are not eligible for the E-2 visa.
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Short answer: More than 75 countries have E-2 treaties with the United States, including many nations in Europe, Asia, and the Americas. Eligibility depends on your nationality and whether your country currently appears on the official treaty list.
There are over 75 treaty countries whose nationals may qualify for E-2 visas. These include many countries in Europe, Asia, and the Americas. Examples include Canada, Mexico, much of Western Europe such as the United Kingdom, France, Germany, Italy, and Spain, as well as Japan, South Korea, Australia, and others.
Some countries have been added to the E-2 treaty list in recent years, while others have been restricted or removed over time. Because treaty eligibility can change, it is important to review the most up-to-date treaty countries list to confirm whether your nationality qualifies.
If you hold dual citizenship, you may be able to apply for an E-2 visa using your treaty-country nationality, even if your other nationality is not eligible. If your country is not on the treaty list, you generally cannot obtain an E-2 visa directly, though alternative visa options may still be available depending on your situation.
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Short answer: There is no fixed minimum investment amount for an E-2 visa, but the investment must be substantial enough to establish or purchase the business and support its operations.
There is no fixed minimum dollar amount required for an E-2 visa. Instead, U.S. immigration law requires that the investment be “substantial” under government standards. In practice, a substantial investment is one that is sufficient to successfully establish or purchase the business and allow it to operate as a viable enterprise.
What qualifies as substantial is relative to the type of business. The investment should represent a significant portion of the total cost of either purchasing an existing business or starting a new one. For example, a small service-based business may require an investment in the tens of thousands of dollars, while a larger or more capital-intensive enterprise may require hundreds of thousands of dollars or more.
As an illustration, an investment of $100,000 might be considered substantial for a consulting or professional services startup, but that same amount would likely not be sufficient for a manufacturing or retail business with high startup costs. The key factor is whether the investment demonstrates a real financial commitment and makes the business operational and viable.
Importantly, simply having funds available in a bank account is not enough. The investment funds must be actively committed to the business or placed at risk. Uncommitted or “idle” funds are not considered an investment for E-2 purposes.
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Short answer: The E-2 visa does not require you to hire a specific number of U.S. employees or meet a fixed income threshold, but the business must not be marginal and should show the potential for growth and economic contribution.
Unlike the EB-5 investor visa, the E-2 visa does not require a fixed number of jobs to be created. There is no explicit rule requiring you to hire a specific number of U.S. workers. However, the business cannot be considered “marginal,” meaning it should not exist solely to support the investor and their family.
In practical terms, this means your business plan should demonstrate the potential for growth and profitability beyond simply paying your own salary. Hiring U.S. employees or contractors, or otherwise contributing meaningfully to the U.S. economy, can significantly strengthen an E-2 application because it shows that the enterprise is not marginal.
While hiring one or two employees is not a strict requirement, demonstrating a plan to create jobs or generate a significant economic impact helps satisfy the visa criteria. If the business is a very small solo operation with minimal revenue, a consular officer may question its viability or marginality.
In summary, you should be prepared to show that the business will generate significant income or economic benefits beyond merely supporting you as the investor.
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Short answer: A business plan is not legally required for an E-2 visa, but it is strongly recommended and often expected, especially for new or start-up businesses.
Although U.S. immigration regulations do not explicitly mandate a business plan for an E-2 visa application, having a detailed and well-prepared business plan is highly recommended, particularly if you are starting a new venture.
A strong business plan, often covering five years of projections, helps demonstrate that your investment will result in a viable, non-marginal enterprise. Consular officers and USCIS examiners frequently expect to see a business plan for start-up E-2 cases in order to evaluate the credibility, structure, and long-term viability of the business.
An effective E-2 business plan typically outlines the business model, market analysis, startup and operating expenses, projected revenue, and hiring plans. While it is not a formal requirement, a comprehensive business plan serves as important evidence of your intent to develop and direct the enterprise and can significantly strengthen your application.
In some U.S. consulates, E-2 applications must be submitted as a structured document package, and the business plan is often a central component of that package. For these reasons, a well-prepared business plan is considered a best practice for most E-2 visa applicants.
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Does the investment have to be made before I get the visa?
Short answer: Yes. You generally must have already invested, or be actively in the process of investing, before an E-2 visa can be approved.
In most cases, E-2 applicants must show that their investment has already been made or is actively in progress before the visa is issued. This does not mean that the business must be fully operational, but the funds must be committed and placed at risk. Simply setting money aside in a bank account is not sufficient.
You should be able to document expenses such as signed contracts, leases, equipment purchases, bank transfers, franchise fees, or other financial commitments that demonstrate your capital is actively invested in the business. These steps show that the investment is real and not speculative.
In some situations, such as the purchase of an existing business, funds may be held in escrow and released upon visa approval. This arrangement is sometimes acceptable if properly structured, but the key requirement is that the investment reflects genuine financial commitment.
U.S. immigration authorities want to see that the business is ready to launch or already operating. If no funds have been invested and no substantial steps have been taken toward starting or acquiring the business, an E-2 visa application will not be approved.
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Short answer: You can apply for an E-2 visa either at a U.S. embassy or consulate abroad, or by changing status from inside the United States if you are already here in a qualifying visa status.
If you are outside the United States, you generally apply for the E-2 visa at a U.S. embassy or consulate in your home country or another country where you legally reside. The process typically involves completing the online Form DS-160, paying the visa fee, and scheduling a consular interview. Most consulates require a detailed E-2 application package in advance, including evidence of your investment, a business plan, and ownership documentation. Each consulate has its own submission procedures, so it is important to review the specific E-2 guidelines for the location where you are applying. If approved, the E-2 visa is issued as a visa stamp in your passport.
If you are already in the United States in another valid nonimmigrant status, such as F-1 or H-1B, you may be eligible to apply for a change of status to E-2 without leaving the country. This is done by filing Form I-129 with the E-2 classification supplement and supporting evidence with USCIS. If USCIS approves the change of status, you may begin working in your E-2 business. However, this approval does not provide a visa stamp. If you later travel outside the United States, you must apply for the E-2 visa at a U.S. consulate before returning.
If you entered the U.S. under the Visa Waiver Program (ESTA), you generally cannot change status to E-2 from inside the country and must depart and apply through a consulate.
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Short answer: E-2 visa processing times vary by case and location, but most applications are approved within a few weeks to a few months, depending on whether you apply through a U.S. consulate or through USCIS.
Processing times depend on where and how you apply.
If you apply through a U.S. Embassy or Consulate abroad, the timeline typically includes preparing the application package, securing an interview appointment, and waiting for a decision. In many cases, this process takes several weeks to a few months. High-volume E-2 consulates, such as London or Toronto, may have longer interview wait times due to demand. Once the interview is completed, approved visas are often issued within days to a couple of weeks.
If you are already in the United States and apply through USCIS by filing a change of status to E-2, processing times vary based on whether premium processing is used. With premium processing, USCIS provides a response within 15 business days, meaning a decision or request for additional evidence may be issued in about three weeks. Without premium processing, adjudication can take several months.
Timelines may be affected by factors such as application complexity, time of year, staffing levels, or requests for additional documentation. Applicants should also factor in the time needed to prepare a complete E-2 application package before submission, especially when applying through a consulate.
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Short answer: E-2 visa validity depends on your country of citizenship, but E-2 status can be extended or renewed indefinitely as long as the business remains active and eligible.
The visa validity period for an E-2 visa can range from a few months up to five years, depending on your country of citizenship and the U.S. reciprocity agreement with that country. Some nationals may receive short-term, single-entry visas, while others may receive multi-year, multiple-entry visas.
Regardless of how long the visa stamp itself is valid, each time you enter the United States in E-2 status, you are generally admitted for a two-year period of stay. As long as you continue to meet E-2 requirements, you may extend your stay in two-year increments or receive a new two-year period upon reentry to the U.S.
There is no statutory limit on the number of times an E-2 visa can be renewed or extended. Many E-2 investors continue operating their U.S. businesses and renewing their status for many years, provided the business remains active, non-marginal, and compliant with E-2 rules.
To renew the visa stamp, you typically must apply again at a U.S. consulate, submitting updated documentation showing the business is still operating and financially viable. To extend status from within the U.S., you may file an extension request with USCIS, supported by updated evidence.
If the business is sold, shut down, or materially changed, a new E-2 application may be required, as E-2 status is tied to the specific enterprise that was invested in.
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Short answer: No. The E-2 visa only authorizes you to work for the U.S. business that qualified you for E-2 status. However, E-2 spouses are allowed to work freely in the United States.
The E-2 visa is employer-specific and investment-specific. It only permits you to work for the U.S. business that you invested in and that formed the basis of your E-2 approval. You may not take a separate job, work for another employer, or engage in unrelated employment while in E-2 status.
Your activities in the United States must focus on developing and directing the E-2 enterprise, or, if approved as an E-2 employee, performing the specific role authorized in the application. Side jobs, freelance work, or employment outside the E-2 business are not permitted without separate work authorization, which is generally not available under E-2 status.
There is an important exception for spouses. An E-2 dependent spouse is considered work authorized incident to status and may work for any U.S. employer, full-time or part-time, in any field. Spouses can use their I-94 notation as proof of employment authorization and may even start their own business independently of the E-2 enterprise.
Children in E-2 dependent status who are unmarried and under 21 years old are not permitted to work in the United States. However, they may attend school or college while in E-2 status..
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Short answer: Yes. Your spouse and unmarried children under 21 can accompany you to the United States in E-2 dependent status.
Your immediate family members are eligible to come with you to the United States under E-2 dependent status. This includes your spouse and any unmarried children under the age of 21. They are typically issued E-2 derivative visas, often designated as E-2 “spouse” (E-2S) or E-2 “child” (E-2Y).
Your spouse is eligible to work in the United States and may work for any U.S. employer, full-time or part-time. Under current regulations, E-2 spouses are considered work authorized incident to status, meaning they generally do not need to apply for a separate Employment Authorization Document (EAD) to begin working.
Your children may attend school or university in the United States while in E-2 dependent status and do not need F-1 student visas. However, children are not permitted to work while in E-2 dependent status. Once a child turns 21, their E-2 dependent status ends, and they would need to transition to another visa status, such as an F-1 student visa or a separate work visa, to remain in the U.S.
Each family member must be included in the visa application process, and you will need to provide proof of the qualifying relationship, such as a marriage certificate for your spouse and birth certificates for your children. Family members may travel in and out of the United States freely as long as their E-2 visas remain valid, and they are typically granted the same two-year period of admission upon each entry.
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Short answer: If your E-2 business shuts down or fails, your eligibility to remain in E-2 status is at risk because the visa is tied to an active, operating enterprise.
The E-2 visa is entirely dependent on your active investment in a specific U.S. business. If that business fails, shuts down, or permanently ceases operations, the legal basis for your E-2 status no longer exists, and you may lose eligibility to remain in the United States in E-2 status.
There is no special or automatic grace period specifically for E-2 visa holders in the event of a business failure, beyond the standard short grace periods that may apply to nonimmigrant visa holders generally. In practical terms, if your business closes, you may be required to depart the United States unless you take timely action to change your status.
Depending on your circumstances, you may have several possible options:
Invest in a new business or pivot to a different enterprise.
If you can quickly make a qualifying investment in a new or restructured business, you may be able to file for a change or extension of E-2 status, provided you meet all E-2 requirements again.Change to another visa status, if eligible.
In some cases, you may qualify to change to a different nonimmigrant status, such as F-1 (student) or another employment-based category, depending on your situation.Depart the United States.
If no alternative status is available, you should plan to leave the U.S. in a timely manner to avoid accruing unlawful presence.
Bottom line:
An E-2 visa does not protect you if the business fails. The expectation is that the investment and enterprise remain active and viable. If your business is winding down or struggling, it is important to consult an immigration attorney early to evaluate your options and plan your next steps.
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Short answer: No. The E-2 is a nonimmigrant visa and does not directly lead to a green card, but it is often used as a stepping stone to permanent residence through other immigration pathways.
The E-2 visa is a nonimmigrant visa, meaning it is intended for temporary stay and does not by itself grant permanent residency or automatically convert into a green card. Simply spending time in the United States, renewing the E-2 multiple times, or running a successful business does not create a direct path to permanent residence.
That said, many E-2 investors use the visa as part of a long-term immigration strategy. While in E-2 status, some individuals later qualify for permanent residence through a separate immigration process, depending on their circumstances. Common pathways may include:
EB-5 Immigrant Investor Visa, if the investor is able to meet the higher investment and job-creation requirements
Family-based immigration, if a qualifying U.S. citizen or permanent resident relative files a petition
Employment-based green cards, such as EB-2 or EB-3, if an employer is willing and able to sponsor
EB-2 National Interest Waiver (NIW), in limited cases where the business or project demonstrates substantial merit and national importance
It is also important to understand that the E-2 does not allow “dual intent.” Technically, E-2 applicants must maintain an intent to depart the United States when their E-2 status ends, even if the visa is renewed multiple times. This does not prevent you from later applying for a green card through a lawful, separate process, but careful planning is required to avoid issues related to misrepresentation of intent.
Bottom line:
The E-2 visa does not itself lead to a green card, but permanent residence may be possible through a separate, qualifying pathway while you are in E-2 status. Because intent and timing matter, it is wise to plan any transition to permanent residence carefully with an experienced immigration professional.
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Short answer: Yes, in certain cases. Business partners and key employees may qualify for their own E-2 visas if specific requirements are met.
In some situations, business partners or co-investors may each qualify for their own E-2 visas, provided they share the same treaty-country nationality and are each making a substantial investment in the enterprise. It is not required that one person invest all the capital. For example, two treaty nationals may each invest 50 percent of the required funds and independently qualify for E-2 status as co-investors, as long as each plays an active role in developing and directing the business. Each application is evaluated separately, even if the business is jointly owned.
In addition to investors, the E-2 category allows for essential employees of the E-2 business to obtain E-2 employee visas. To qualify, these employees must have the same nationality as the principal E-2 investor and must be coming to the United States to serve in an executive or supervisory role, or possess specialized, essential skills that are critical to the company’s operations.
For example, if you operate a foreign company and want to transfer a key manager or highly skilled employee to help run the U.S. business, that individual may qualify for an E-2 employee visa, provided they share your nationality and their role is essential to the enterprise’s success.
It is important to note that E-2 employees may only work for the E-2 company that sponsored them, similar to the restriction placed on the principal investor. However, employing E-2 staff can strengthen an application by demonstrating that the business is not marginal and has meaningful operational and economic activity.
What is the difference between the E-2 visa and the EB-5 investor visa?
Both the E-2 and EB-5 are investor visas, but they differ significantly in cost, requirements, and immigration outcome. The EB-5 Immigrant Investor Program leads to a green card, while the E-2 is a temporary, nonimmigrant visa for running a business in the United States.
Investment amount: The E-2 has no fixed minimum investment. The amount must be substantial relative to the type of business, and in practice many E-2 investments start around $100,000 or more, depending on the business. The EB-5 has a strict minimum investment requirement of $1,050,000, or $800,000 if the investment is in a Targeted Employment Area such as a rural or high unemployment location. The funds must be fully at risk in a qualifying U.S. business.
Job creation: The E-2 has no set job creation requirement, but the business cannot be marginal and should generate more than just a living for the investor. The EB-5 requires the creation of at least 10 full time U.S. jobs within about two years of the investment, and this must be documented.
Nationality: The E-2 is only available to nationals of treaty countries. The EB-5 has no nationality restriction. Applicants from any country may apply, although some countries face longer wait times due to visa backlogs.
Visa type and outcome: The E-2 is a nonimmigrant visa and does not directly lead to a green card. It can be renewed indefinitely as long as the business remains viable, but the investor must maintain an intent to depart the United States eventually. The EB-5 is an immigrant visa. Approved investors and their immediate family receive conditional green cards, and after proving job creation, they can obtain permanent green cards and later pursue U.S. citizenship.
Processing time: E-2 cases are usually processed within months and sometimes faster when applying through a change of status. EB-5 cases often take much longer, commonly one to two years or more for initial approval, plus additional time for visa availability and removal of conditions.
Business control: E-2 investors are expected to actively direct and develop the business. EB-5 investors may be passive and can invest through regional center projects without managing day to day operations.
In short, the E-2 is best for entrepreneurs who want to actively run a U.S. business with a moderate investment and do not need a green card right away. The EB-5 is designed for investors with significant capital who want permanent residency in the United States. Some investors use the E-2 to enter the U.S. first and later pursue EB-5 if they decide to seek a green card and can meet the higher investment and job creation requirements.
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