The E-2 treaty investor visa lets a citizen of a treaty country come to the United States to develop and direct a business in which he or she has invested a substantial amount of capital. There is no fixed minimum investment, it can be renewed for as long as the business keeps operating, and for many entrepreneurs it is the most practical business-based route into the U.S.
The Law Offices of Brian D. Lerner prepares E-2 cases from its office at 3233 E. Broadway in Long Beach for investors buying or starting businesses in Los Angeles, Long Beach and throughout California, and for investors anywhere in the country applying through a U.S. consulate abroad. Brian D. Lerner has practiced immigration law for more than 30 years and is a Certified Specialist in Immigration and Nationality Law, certified by the State Bar of California Board of Legal Specialization.
Who qualifies for an E-2 visa
Every E-2 case has to establish the same core requirements. You must be a national of a country that has a treaty of commerce and navigation with the United States, and the U.S. business must be at least 50% owned by nationals of that same country. You must have invested, or be actively in the process of investing, a substantial amount of your own capital, and that capital must be at risk in the business. The business must be a real, operating commercial enterprise, not a passive investment such as undeveloped land or a stock portfolio. It must not be marginal, meaning it has to have the capacity to do more than provide a living for you and your family. And you must be coming to develop and direct the business, either through at least 50% ownership or through operational control.
Treaty countries include Canada, Mexico, the United Kingdom, Japan, Germany, France, Italy, South Korea, Taiwan, the Philippines, Colombia, Israel, Australia and many others. India, mainland China and Brazil are not E-2 treaty countries; investors from those countries should look at the L-1A and EB-1C options instead.
How much you need to invest
There is no fixed minimum. The investment has to be substantial in proportion to the total cost of buying or establishing the business: a lower-cost business requires a higher percentage of the total to be invested, and a more expensive business can qualify with a smaller percentage. The funds must be committed to the business and at risk, and you have to document their lawful source. A loan secured by the business’s own assets does not count toward the investment.
E-1 treaty trader visas
The E-1 is the E-2’s companion for trade rather than investment. It is for a national of a treaty country who carries on substantial trade, meaning a continuing flow of goods, services or technology, principally between the United States and that country. More than 50% of the company’s international trade must be between the two countries, and the company must be at least 50% owned by nationals of the treaty country. The list of E-1 treaty countries is not identical to the E-2 list, so check both before choosing a category. A business that both imports from home and has invested heavily in a U.S. operation may qualify under either, and the choice affects what has to be documented.
The business plan
The business plan is where most E-2 cases are won or lost, because it is the main evidence that the enterprise is real and will not be marginal. It has to show hiring, projected revenue and how the business will grow over the next five years. We prepare the plan with you through a detailed intake questionnaire about your business, so the plan and the rest of the petition tell the same story.
Applying at a consulate or changing status in the U.S.
Most investors apply for the E-2 visa at the U.S. embassy or consulate in their home country, filing Form DS-160 and Form DS-156E and attending an interview. If you are already in the United States in another lawful status, a change of status to E-2 can be filed with USCIS on Form I-129 with the E supplement. A change of status lets you remain in the U.S. while the case is pending, but you will still need an E-2 visa stamp from a consulate the next time you travel and return.
What an E-2 costs in government fees
At a consulate, the E visa application fee is $315 for each applicant, including a spouse and each child. Depending on nationality, a reciprocity fee may be due when the visa is issued; for some countries it is zero. Congress also created a $250 visa integrity fee charged at visa issuance, so confirm with the consulate whether it is being collected. For a change of status inside the U.S., the I-129 filing fee for E classifications is $1,015 ($510 for employers with 25 or fewer full-time employees), plus the Asylum Program Fee of $600 ($300 for small employers), and premium processing is available for an additional fee. The investment itself and the cost of preparing the business plan are separate.
How long the E-2 lasts, and your family
The visa itself can be issued for up to five years depending on your country, and each entry is generally admitted for two years. Status can be extended in two-year increments, with no limit on the number of extensions, as long as the business continues to qualify.
Your spouse and unmarried children under 21 can accompany you in E-2 status regardless of their nationality. Your spouse is authorized to work incident to E-2 status, and your children can attend school in the U.S.
From E-2 to a green card
The E-2 is a nonimmigrant visa and does not lead to a green card by itself. Investors whose businesses grow often move to permanent residence through the EB-1C multinational manager category or an EB-2 National Interest Waiver. Planning for that from the start affects how the E-2 business should be structured.
Talk to an E-2 visa lawyer
To find out whether your investment and business qualify, book a consultation. Consultations are available by phone or video for investors anywhere in the world, or in person at the Long Beach office.
E-2 visa FAQs
What is the minimum investment for an E-2 visa?
There is no statutory minimum. The investment must be substantial relative to the cost of the particular business, committed and at risk, and from a documented lawful source.
Can I get an E-2 visa if I am from India or China?
No. India and mainland China do not have E-2 treaties with the United States. A second citizenship in a treaty country can qualify you, and the L-1A, EB-1C and EB-2 National Interest Waiver are the usual alternatives.
Can my spouse work on an E-2 visa?
Yes. An E-2 spouse is authorized to work incident to status. Children may attend school but may not work.
What is the difference between E-1 and E-2?
The E-1 is based on substantial trade between the U.S. and the treaty country. The E-2 is based on a substantial investment in a U.S. business. Both require treaty-country nationality and at least 50% ownership by nationals of that country.
Does an E-2 visa lead to a green card?
Not by itself. E-2 investors usually pursue permanent residence through a separate category such as EB-1C or an EB-2 National Interest Waiver once the business has grown.
More on the E-2 visa
E-2 Visa Option – E1/E2 Treaty Investor Trader Visas
L-1 intracompany transferee visa
This page provides general information about U.S. immigration law and is not legal advice. Contacting the firm does not create an attorney-client relationship. Government fees were checked on November 11, 2026; confirm current amounts before filing.