US E-2 treaty investor visa

E-2 Visa, Treaty Investors

The E-2 Treaty Investor visa is available to citizens of nations with which the United States has a commerce and navigation treaty. It allows a person to enter the United States after investing a significant amount of money in a U.S. company. This classification has the advantage of allowing foreign nationals to create and operate businesses in the United States. Furthermore, certain employees of such a person or a qualified organisation may be eligible for this categorization as well.

Who the E-2 visa is for

The E-2 route is designed for investors and certain key employees connected to a business in the United States. It is most relevant if you:

• Are a national of a country that has a qualifying treaty of commerce and navigation with the US
• Have invested, or are actively investing, substantial personal capital in a US enterprise
• Will enter the US solely to develop and direct that enterprise (typically through at least 50% ownership or operational control)
• Are an executive, supervisory or essential-skills employee of a treaty business and share the investor's nationality

Eligibility requirements

To qualify for E-2 classification the treaty investor must meet each of the following:

The eligibility determination is the first step in the application process. To be eligible for E-2 status, a treaty investor (whether a company or an individual) must meet the following requirements:

If the treaty investor is currently in the United States in a lawful nonimmigrant status, they can request a change of status to E-2 status by filing Form I-129. If the intended employee is currently in the United States in a lawful nonimmigrant status, the eligible employer may file Form I-129 on the employees behalf to request a change of status to E-2 status.

• Hold the nationality of a country on the Department of State's E-2 treaty list
• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide US enterprise
• Show the funds are the investor's own and genuinely at risk in the commercial sense, not merely idle or borrowed against the business's assets
• Demonstrate the enterprise is real, active and operating, and more than marginal (able to generate more than a minimal living for the investor's family)
• Seek entry solely to develop and direct the enterprise, and intend to depart the US when E-2 status ends

• Be a citizen of a country with which the United States has a treaty of commerce and navigation; have invested or are actively in the process of investing a significant amount of capital in a new or existing U.S. business; and be seeking entry solely to develop and direct the investment enterprise, a real, active commercial undertaking that produces services or goods for profit.

What counts as a substantial investment

US law sets no fixed minimum figure for an E-2 investment. Instead, adjudicators apply a proportionality test: the amount must be substantial relative to the total cost of purchasing an existing business or establishing a new one. A lower-cost business must be almost fully funded, while a larger enterprise can meet the test with a smaller percentage. The capital must be irrevocably committed and at risk, and cannot come from criminal activity.

Because there is no set threshold, do not rely on any specific dollar amount you may see quoted elsewhere. Confirm current guidance on the official USCIS and Department of State pages and, where the investment is complex, take professional advice.

How to apply

There are two main routes to E-2 status, depending on where you are:

• Consular processing: complete the online DS-160 nonimmigrant visa application, pay the visa fee, and attend an interview at a US embassy or consulate, submitting evidence of nationality, the investment and the business
• Change of status inside the US: if you are already in the US in a qualifying status, file Form I-129 with USCIS to request a change to E-2 (this grants status but not a visa for future travel)
• Employees and family: qualifying employees apply on the same basis; spouses and unmarried children under 21 may apply for dependent E-2 status

Validity, extensions and family

E-2 visa validity is set by reciprocity schedules that vary by country, and CBP normally admits E-2 holders for up to two years at each entry. There is no overall cap on the number of years you can hold E-2 status, provided the business continues to qualify; status can be extended, or a further admission granted on re-entry, in two-year increments.

Spouses and unmarried children under 21 can accompany the investor in dependent E-2 status regardless of their own nationality. E-2 spouses are authorised to work in the US incident to their status; children may study but cannot work.

Evidence you will typically need

• Proof of nationality of a treaty country (passport)
• Evidence the investment funds are yours and lawfully sourced (bank records, sale of assets, financial statements)
• Proof the capital is committed and at risk (purchase agreements, leases, business bank accounts, receipts for equipment)
• A business plan and financial projections showing the enterprise is real, active and more than marginal
• Evidence of ownership or operational control of the enterprise
• For employees: proof of the same nationality as the investor and of an executive, supervisory or essential-skills role

Ownership and Nationality

A treaty investor, whether an individual or a corporation, must be of the treaty countrys nationality. The nationality of the individual owners who make up an E-2 corporation is used to determine the companys nationality. Nationals of the treaty countries must own at least half of the business in question. In a corporate structure, the government frequently considers the nationality of the stockholders. If a company owns another company, nationality of ownership can be traced back to the parent company.

Putting a Significant Amount of Money Into It

For E-2 reasons, US immigration regulations do not specify a minimum monetary amount that must be invested in order for the investment to be considered substantial. However, a significant amount of cash is required for E-2 purposes:

• Significant in comparison to the entire cost of either purchasing an existing business or starting one from scratch; sufficient to secure the treaty investors financial commitment to the enterprises development; and
• Of sufficient magnitude to ensure that the treaty investor will be able to successfully develop and direct the business. To be called substantial, the investment must be proportionately higher than the enterprises cost.

Evidence Required for an E2 Visa

If the company is brand new, please include the following information:

As well as this, you should also provide the following supplementary evidence:

• a thorough business strategy;
• A thorough profit and loss estimate for the company for the next five years. Include the assumptions that the forecast is founded on, as well.
• A breakdown of the startup costs required to get the business up and running.
• Evidence that the company is more than a side hustle
• For the previous three years, federal tax returns for the company in the United States. These must be copies of the IRS forms that have been signed and dated. We do not a
• All W-2, 1099s, and/or payroll invoices for the last two tax years; and detailed profit and loss statements for the current and preceding calendar years.

E-2 Visa Dependents

The principal E-2 applicants spouse and unmarried children (under 21 years of age) may also accompany or follow the primary holder in the same status. They dont have to be of the same nationality as the main applicant. Spouses and children are allowed to attend school, and spouses can apply for work permits in the United States.

E2 Cover Letter

A cover letter that introduces the company and the recipient. This letter should cover all of the requirements for an E-2 visa. This letter should address all of the E-2 visa eligibility standards, which are detailed in the US Department of State Foreign Affairs Manual (9 FAM 402.9), and require the applicant to demonstrate that they meet:

For detailed information on specific parts of the USA visa process, you can refer to the links to the right to find the answer to your query. If you are unable to find any particular information, please contact us via email.

• Applicant has invested or is in the process of investing
• Enterprise is a real and operating commercial entity
• Applicants investment is substantial
• Applicant is in a position to develop