E-2 investor visa to the USA: requirements and treaty countries

What is the E-2 visa and who qualifies

The E-2 treaty investor visa lets a national of a country that has a treaty of commerce and navigation with the US come to develop and direct a business in which they have invested. US Citizenship and Immigration Services lists three conditions for the investor:

• nationality of a treaty country;
• a substantial amount of capital already invested, or actively in the process of being invested, in a real, operating US business;
• control of that business: at least 50% ownership or operational control through a managerial position.

The money must be at risk: if the business fails, the investor can lose part or all of it. The investor also shows that the funds were earned lawfully. Spouses and unmarried children under 21 come along on E-2 dependent visas, and their nationality does not have to match the investor's.

The E-2 does not require a home abroad. The State Department's consular manual states that an applicant may sell their residence and move all household effects to the US; what is needed is the intent to depart when E-2 status ends. Since the status is extended without limit, that point comes only when you decide to close or sell the business.

E-2 treaty countries in 2026

The State Department's list of treaty countries for the E-2 includes more than 80 states. The main ones by region:

India, mainland China, Brazil, Russia, Vietnam and the UAE are not on the list. Nationals of these countries reach the E-2 through a second citizenship of a treaty country, see the next section.

A dual national chooses one nationality for the business: the owner and every E-2 employee of the company use that same treaty country for all E-2 purposes.

Second citizenship for the E-2: the 3-year rule

Since 23 December 2022 US law adds one condition for those who obtained a treaty nationality through a financial investment. Before their first E-2 application they must have been domiciled in that country for a continuous period of at least 3 years at any point. Citizenship by naturalization, descent or marriage is assessed under the general rules.

This makes the E-2 a plan for several years rather than a single purchase. Two treaty countries run citizenship by investment programs:

• Grenada, a treaty country for the E-2 since 1989: see Grenada citizenship by investment;
• Turkey, since 1990: see Turkish citizenship by investment.

We plan both stages together: the second citizenship, three years of life in that country, and the US business you will open when the time comes.

How much to invest for an E-2 visa: no fixed minimum

The law sets no dollar figure. The consulate applies a proportionality test: it compares the money you have invested with the total cost of buying or starting the business. The State Department's own examples:

• investing 100% of the cost of a business that needs $100,000 to start normally qualifies;
• $10 million in a $100 million business may be substantial on its size alone;
• the lower the cost of the business, the higher the share of it you are expected to put in.

The business also must not be marginal: within 5 years it should earn more than a minimal living for you and your family, or make a significant economic contribution, for example through jobs for local workers. That is why the application includes a business plan with 5-year financial projections.

Where the money can come from

Savings, gifts, inheritance, sale of a business or property, and loans secured by your own personal assets all count: a second mortgage on your home or a loan on your personal signature. A loan secured by the assets of the US business itself does not count, because then the money is not at risk. The money does not have to come from abroad, and every step from source to the US account is backed by documents.

How to document each source is covered in our guide EB-5 source of funds: the approach for the E-2 is the same. Moving the investment out of Korea is covered in how to transfer money out of Korea. All legal ways to move capital are on the capital relocation page.

Investing before the visa: committed funds and escrow

The investment is made before the interview, but it can be protected. The funds must be irrevocably committed: a signed purchase agreement, paid rent and equipment, money transferred to the company. A purchase conditional on the visa still counts when the money sits in escrow and is released to the seller once the E-2 is issued.

The business should be close to opening, not at the stage of looking for premises. Money simply sitting in a bank account or an intention to invest is not enough, so we plan the order of payments so that most of the risk falls after the decision.

What business fits: buying, franchise or a new company

Any real, active business that produces goods or services for profit and holds the licenses its trade requires. In practice there are three routes:

• buying a running business: the track record of revenue and payroll makes the case easier to show;
• a franchise: a ready model with a known total cost;
• a new company: your own idea with a detailed plan and the investment already in place.

Idle holdings kept for a rise in value, such as undeveloped land or shares you do not manage, are not an E-2 investment, and neither is a non-profit. The consulate looks at business licenses, the lease, the payroll, invoices and bank statements.

Family on an E-2: your spouse works, children come along

A spouse and unmarried children under 21 receive E-2 dependent visas, whatever their nationality. They are usually granted the same period of stay as the investor.

A spouse may work in any job or run their own business with no separate permit: since 30 January 2022 the I-94 arrival record carries the code E-2S, which employers accept as proof of work authorization. A work permit card can still be requested if you want one.

Family members keep an eye on their own I-94 dates: when they travel separately, their period of stay may differ from the investor's, and it is extended in time.

E-2 visa cost and how to apply

The visa itself is issued for the period set by the reciprocity schedule for your nationality, and each entry gives up to 2 years of stay. The E-2 company can also bring key staff who share the investor's nationality: managers or specialists whose skills are essential to the business.

Stay, extensions and travel

An E-2 investor is admitted for up to 2 years. Extensions are granted in steps of up to 2 years, and there is no limit on their number. After a trip abroad the investor generally receives a new 2-year period at the border.

A fundamental change in the business, such as a merger, an acquisition or the sale of the company, is approved by USCIS through a new Form I-129. Routine changes need no filing.

From an E-2 to a green card

The E-2 is a temporary visa renewed for as long as the business works. A green card comes through a separate immigrant route, and the business you have built often becomes its basis:

• EB-5, the green card for an investment of $800,000 in a targeted area or $1.05 million elsewhere;
• EB-2 NIW, for professionals whose work serves the national interest;
• EB-1, for people with extraordinary ability and for multinational managers.

We plan the order of steps in advance so that the immigrant petition and the next E-2 renewal fit together.

How we help you get an E-2 visa

We start by checking the route: your nationality or the second citizenship you will need, the type of business, the amount and the source of funds. Then we run the project: choosing and checking the business, the company and its bank account, the business plan with projections, the escrow arrangement, the full file and interview preparation. The legal side in the US is handled together with a partner, a US immigration attorney. For a country overview, see the USA page.

Every way to get residency in the US

This is one route. All the other grounds for residency in the US, with conditions, amounts in dollars and timelines, are compared on How to get residency in the US in 2026: every route.

Why investors choose the E-2

How to get an E-2 visa: step by step

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