E-2 visa

Who is eligible for an E-2 visa?

The E-2 treaty investor visa is available to individuals from countries that have a treaty of commerce and navigation with the United States. Eligibility for the E-2 visa requires that the applicant is coming to the US to develop and direct an investment enterprise, and that the investment is substantial and at risk of loss if the business fails.

E-2 visa qualifications

To qualify for an E-2 visa, applicants must meet criteria outlined by US Citizenship and Immigration Services (USCIS). E-2 visa holders must be nationals of a treaty country, meaning they must have the nationality of a country that has a treaty of commerce with the United States. The applicant must also have invested or be in the process of investing in a bona fide US business. This business can be a startup or an existing business, but it must be a for-profit commercial enterprise.

The investment must be substantial, meaning that it is sufficient to ensure the successful operation of the enterprise. It must also be at risk, meaning that the funds are committed and subject to loss if the business fails. A substantial amount of capital does not have a set minimum, but it should be enough to show that the investor is committed to the business’s success. The investment enterprise can be in various sectors, but it can’t be a passive investment, meaning real estate typically doesn’t qualify.

E-2 visa holders should have a supervisory or executive role in the business, or they should possess specialized skills essential to the company’s operations. The applicant must also demonstrate that the business plan is viable and that the E-2 business will generate more than just enough income to provide a living for the investor and their family. Funds should be in a US bank account, and the business must operate for profit.

• Nationality: Visa holders must be from a country that has a treaty of commerce with the US.

• Investment: Visa holders must make a substantial investment in a US business. Their investment must also be at risk, meaning they stand to lose money if the business fails.

• Business type: Visa holders can invest in an existing or new business, but it must be a bona fide enterprise, not a passive investment.

• Source of funds: Visa holders must be able to document the source of the funds used for their investment and show that the money was obtained legally and legitimately.

E-2 treaty countries

The US Department of State maintains a list of countries that have a treaty of commerce with the US, allowing their nationals to qualify for the E-2 visa. The list is based on treaties that promote trade and investment between the US and the respective applicants’ home countries.

Currently, the list of E-2 treaty countries includes:

• Albania

• Argentina

• Armenia

• Australia

• Austria

• Azerbaijan

• Bahrain

• Bangladesh

• Belgium

• Bolivia

• Bosnia and Herzegovina

• Brunei

• Bulgaria

• Cameroon

• Canada

• Chile

• Taiwan

• Colombia

• Congo

• Costa Rica

• Croatia

• Czech Republic

• Denmark

• Ecuador

• Egypt

• Estonia

• Ethiopia

• Finland

• France

• Georgia

• Germany

• Greece

• Grenada

• Honduras

• Ireland

• Israel

• Italy

• Jamaica

• Japan

• Jordan

• Kazakhstan

• Kosovo

• Kyrgyzstan

• Latvia

• Liberia

• Lithuania

• Luxembourg

• Macedonia

• Mexico

• Moldova

• Mongolia

• Montenegro

• Morocco

• Netherlands

• New Zealand

• Norway

• Oman

• Pakistan

• Panama

• Paraguay

• Philippines

• Poland

• Romania

• Senegal

• Serbia

• Singapore

• Slovak Republic

• Slovenia

• South Korea

• Spain

• Sri Lanka

• Suriname

• Sweden

• Switzerland

• Thailand

• Togo

• Trinidad & Tobago

• Tunisia

• Turkey

• Ukraine

• United Kingdom

• Yugoslavia

How to apply for an E-2 visa

Nationals of a qualifying treaty country who meet all the requirements for the E-2 visa can start the process from outside or inside the US. Typically, the visa process includes:

• Submitting a nonimmigrant visa application (Form DS-160), along with supporting documents

• Submitting an E-2 visa application (Form DS-156E), along with supporting documents

• An interview at a US consulate or embassy (if required)

• Submit additional documentation (if required)

• Pay visa fees

Applying from outside the US (consular processing)

For those applying for an E-2 visa from outside the U.S., the exact application process varies depending on the US embassy or consulate where the applicant applies. Generally, though, the steps include:

1. Submitting a nonimmigrant visa application (Form DS-160), which is filled out online and submitted along with a photo.

2. Scheduling an interview at the nearest consular offices. Some applicants may receive an interview waiver at this step.

3. Paying the visa application fee, which varies based on the applicant’s nationality.

4. Filling out an E-2 visa application (Form DS-156E)

5. Gathering required documentation, which the applicant will need to have on hand for the interview. This includes:

6. Attending the visa interview

7. Waiting for visa processing

1. A passport valid for travel to the US with at least six months validity

2. Nonimmigrant visa application confirmation page

3. Application fee payment receipt

4. Photo

5. E-2 visa application (Form DS-156E)

Applying from inside the US

If the applicant is already inside the U.S., they can apply for an E-2 visa through a change of status. This process is different from applying through a consulate—the applicant files a petition with U.S. Citizenship and Immigration Services (USCIS) by submitting Form I-129, along with evidence of their qualifying investment and role in a US business. USCIS will review the application to make sure all requirements are met. If approved, the applicant's status will be changed to E-2 without them needing to leave the country. However, it’s important to note that this change of status does not provide a visa stamp, so traveling outside the US requires consular processing to re-enter under E-2 status.

What happens after your E-2 visa is approved?

After the E-2 visa issuance, the next steps depend on whether the applicant is inside or outside the United States at the time of approval. If inside the US, the applicant will be granted E-2 status and can begin or continue their investment activities in the country. If outside the US, the applicant will use the E-2 visa to enter the country to start or manage their business. Upon entry, visas are subject to inspection by US Customs and Border Protection officers and the Department of Homeland Security (DHS).

Can family members accompany you on an E-2 visa?

Yes, family members can accompany you on an E-2 visa. This includes your spouse and unmarried children under the age of 21, who can also obtain E-2 status. 

Dependents of E-2 visa holders are eligible to live in the US while the primary visa holder manages their business. Spouses of E-2 visa holders can apply for employment authorization, which allows them to work in the US legally. Unmarried children are not eligible to work but can attend school.

Frequently asked questions about E-2 visas

How long does it take to get an E-2 visa?

The processing time for an E-2 visa can vary depending on many different factors, including the location of the US consulate or embassy where you apply. Typically, the processing time ranges from a few weeks to a few months. The USCIS offers premium processing, which expedites the review process for an additional fee.

How long is an E-2 visa valid?

An E-2 visa is generally valid for an initial period of stay of up to two years. The visa can be renewed indefinitely as long as the investment enterprise remains operational and the visa holder continues to meet all the requirements.

Is an E-2 visa a path to permanent residence?

An E-2 visa is classified as a nonimmigrant status, meaning it is not a direct path to a green card or permanent residence. However, E-2 visa holders can explore other immigration options if they wish to transition to permanent residency. Under immigration law, some E-2 visa holders may eventually apply for a green card through different channels, such as family sponsorship, employment-based immigration, or by adjusting their status through other visa categories that offer a path to becoming a US citizen.

Can employees qualify for E-2 visas?

Yes, employees can qualify for E-2 visas under certain conditions. To qualify as an E-2 employee, the individual must be of the same nationality as the E-2 treaty investor and must either serve in a supervisory or executive role or possess specialized skills that are essential to the operation of the business.

How is an E-2 visa different from an E-1 or E-3 visa?

The E-1 visa, also known as the treaty trader visa, is for nationals of treaty countries who engage in substantial trade between their home country and the US. 

The E-3 is a special visa category available only to Australian nationals, allowing them to work in the US in a specialty occupation.

Who can help with the E-2 visa process?

Navigating the E-2 visa process can be complex, so it can be beneficial to seek assistance from an immigration attorney. A qualified immigration lawyer can provide guidance on the requirements, help prepare the necessary documentation, and represent you in communications with authorities. Choosing a reputable law firm with experience in US immigration law can increase your chances of a successful application.