QUICK ANSWER
The E-2 treaty investor visa allows nationals of treaty countries to work in the U.S. by investing a substantial amount of capital in a U.S. business. There is no fixed minimum investment, but amounts typically range from $100,000-$200,000+ depending on the business type. The DS-160 application fee is $205. The E-2 has no annual cap, no lottery, and can be renewed indefinitely in 2-5 year increments depending on the treaty country. Processing is handled by U.S. consulates, typically taking 2-8 weeks.
KEY TAKEAWAYS
The E-2 requires a "substantial" investment in a U.S. business - there is no fixed minimum, but $100,000-$200,000+ is typical.
The investor must be a national of a country that has a treaty of commerce and navigation with the United States.
The E-2 has no annual cap, no lottery, and no USCIS petition requirement (processed at consulates).
The visa is typically issued for 2-5 years depending on the treaty country, with unlimited renewals.
The investor must direct and develop the enterprise and own at least 50% of the business (or have operational control).
The E-2 is not a dual-intent visa - it does not directly lead to a green card.
Spouses of E-2 holders receive automatic work authorization on E-2 dependent status.
KEY TAKEAWAYS
The E-2 requires a "substantial" investment in a U.S. business - there is no fixed minimum, but $100,000-$200,000+ is typical.
The investor must be a national of a country that has a treaty of commerce and navigation with the United States.
The E-2 has no annual cap, no lottery, and no USCIS petition requirement (processed at consulates).
The visa is typically issued for 2-5 years depending on the treaty country, with unlimited renewals.
The investor must direct and develop the enterprise and own at least 50% of the business (or have operational control).
The E-2 is not a dual-intent visa - it does not directly lead to a green card.
Spouses of E-2 holders receive automatic work authorization on E-2 dependent status.
Table of Content
What Is the E-2 Visa?
The E-2 treaty investor visa is a nonimmigrant visa that allows nationals of treaty countries to enter the U.S. to direct and develop a business in which they have invested a substantial amount of capital. It is governed by 8 CFR 214.2(e) and Section 101(a)(15)(E)(ii) of the INA.
The E-2 is processed at U.S. consulates (not USCIS), making it one of the faster work visa options. There is no annual cap, no lottery, and no USCIS petition filing required for initial applications.
Key Requirements
Treaty Country Nationality
The investor must be a national of a country with a qualifying treaty. Major treaty countries include: United Kingdom, Canada, Australia, Japan, South Korea, Germany, France, Italy, Spain, Mexico, Turkey, Israel, and approximately 80+ others. Notable non-treaty countries include India, China, Russia, and Brazil.
Substantial Investment
No fixed dollar minimum - USCIS and consulates evaluate "substantiality" relative to the business type
The investment must be sufficient to ensure successful operation of the enterprise
Typical ranges: $100,000-$200,000+ for service businesses, $200,000+ for larger operations
The investment must be "at risk" (not held in a bank account uncommitted)
The investment must not be "marginal" - it must generate more than enough income to support only the investor's family
Ownership and Control
The investor must own at least 50% of the enterprise or have operational control through a managerial position
Must actively direct and develop the business (not a passive investment)
Processing Time and Costs 2026
Item | Cost / Timeline |
|---|---|
DS-160 application fee | $205 |
Visa Integrity Fee | $250 |
Consular processing time | 2-8 weeks (varies by location) |
Business formation costs | $500-$5,000 |
Attorney fees | $5,000-$15,000 |
Initial visa duration | 2-5 years (varies by treaty) |
Extensions | Unlimited (2-5 year increments) |
E-2 vs EB-5 Comparison
Feature | E-2 | EB-5 |
|---|---|---|
Visa Type | Nonimmigrant (temporary) | Immigrant (green card) |
Investment Minimum | No fixed minimum ($100K-$200K+ typical) | $800,000 (TEA) or $1,050,000 |
Treaty Country Required | Yes | No |
Annual Cap | No cap | ~10,000 visas/year |
Processing | Consular (2-8 weeks) | USCIS I-526E (12-24+ months) |
Duration | 2-5 years, unlimited renewals | Permanent |
Green Card Path | No direct path | Direct |
Job Creation | No requirement | Must create 10 full-time jobs |
Best For | Entrepreneurs from treaty countries | Investors seeking permanent residency |
Learn more about the EB-5 visa
Common Mistakes
1. Investment Not "At Risk"
Funds must be committed and irrevocably placed at risk. Money sitting in a U.S. bank account without business expenditure does not qualify.
2. Marginal Enterprise
The business must generate more than just enough to support the investor's family. Show a business plan with growth projections and job creation potential.
3. Non-Treaty Country Nationals
Citizens of India, China, Russia, and Brazil do not qualify for E-2 visas. Explore alternatives like the O-1A, L-1A, or EB-5.
4. Insufficient Documentation
Provide comprehensive evidence: business plan, lease agreements, equipment purchases, employee payroll, bank statements, and financial projections.
Sources
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
What Is the E-2 Visa?
The E-2 treaty investor visa is a nonimmigrant visa that allows nationals of treaty countries to enter the U.S. to direct and develop a business in which they have invested a substantial amount of capital. It is governed by 8 CFR 214.2(e) and Section 101(a)(15)(E)(ii) of the INA.
The E-2 is processed at U.S. consulates (not USCIS), making it one of the faster work visa options. There is no annual cap, no lottery, and no USCIS petition filing required for initial applications.
Key Requirements
Treaty Country Nationality
The investor must be a national of a country with a qualifying treaty. Major treaty countries include: United Kingdom, Canada, Australia, Japan, South Korea, Germany, France, Italy, Spain, Mexico, Turkey, Israel, and approximately 80+ others. Notable non-treaty countries include India, China, Russia, and Brazil.
Substantial Investment
No fixed dollar minimum - USCIS and consulates evaluate "substantiality" relative to the business type
The investment must be sufficient to ensure successful operation of the enterprise
Typical ranges: $100,000-$200,000+ for service businesses, $200,000+ for larger operations
The investment must be "at risk" (not held in a bank account uncommitted)
The investment must not be "marginal" - it must generate more than enough income to support only the investor's family
Ownership and Control
The investor must own at least 50% of the enterprise or have operational control through a managerial position
Must actively direct and develop the business (not a passive investment)
Processing Time and Costs 2026
Item | Cost / Timeline |
|---|---|
DS-160 application fee | $205 |
Visa Integrity Fee | $250 |
Consular processing time | 2-8 weeks (varies by location) |
Business formation costs | $500-$5,000 |
Attorney fees | $5,000-$15,000 |
Initial visa duration | 2-5 years (varies by treaty) |
Extensions | Unlimited (2-5 year increments) |
E-2 vs EB-5 Comparison
Feature | E-2 | EB-5 |
|---|---|---|
Visa Type | Nonimmigrant (temporary) | Immigrant (green card) |
Investment Minimum | No fixed minimum ($100K-$200K+ typical) | $800,000 (TEA) or $1,050,000 |
Treaty Country Required | Yes | No |
Annual Cap | No cap | ~10,000 visas/year |
Processing | Consular (2-8 weeks) | USCIS I-526E (12-24+ months) |
Duration | 2-5 years, unlimited renewals | Permanent |
Green Card Path | No direct path | Direct |
Job Creation | No requirement | Must create 10 full-time jobs |
Best For | Entrepreneurs from treaty countries | Investors seeking permanent residency |
Learn more about the EB-5 visa
Common Mistakes
1. Investment Not "At Risk"
Funds must be committed and irrevocably placed at risk. Money sitting in a U.S. bank account without business expenditure does not qualify.
2. Marginal Enterprise
The business must generate more than just enough to support the investor's family. Show a business plan with growth projections and job creation potential.
3. Non-Treaty Country Nationals
Citizens of India, China, Russia, and Brazil do not qualify for E-2 visas. Explore alternatives like the O-1A, L-1A, or EB-5.
4. Insufficient Documentation
Provide comprehensive evidence: business plan, lease agreements, equipment purchases, employee payroll, bank statements, and financial projections.
Sources
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
Frequently Asked Questions
What is the minimum investment for the E-2 visa?
There is no fixed minimum. The investment must be "substantial" relative to the total cost of establishing the business. In practice, investments of $100,000-$200,000+ are common for service-based businesses. Lower amounts may qualify for very low-cost businesses, while larger enterprises require proportionally more. The key is that the investment is sufficient to ensure successful operation.
What is the minimum investment for the E-2 visa?
Can E-2 visa holders get a green card?
The E-2 is not a dual-intent visa and does not directly lead to a green card. However, E-2 holders can transition to green card-eligible visas (EB-5, EB-2 NIW, EB-1A) or maintain E-2 status indefinitely with renewals. Some E-2 holders qualify for the EB-2 NIW if their business serves the national interest.
Can E-2 visa holders get a green card?
Which countries qualify for the E-2 visa?
Approximately 80+ countries have qualifying treaties with the U.S. Major treaty countries include the UK, Canada, Australia, Japan, South Korea, Germany, France, Italy, Spain, and Mexico. Notable non-treaty countries include India, China, Russia, and Brazil. The full list is maintained by the Department of State.
Which countries qualify for the E-2 visa?
How long can I stay in the U.S. on an E-2 visa?
The E-2 is typically issued for 2-5 years depending on the treaty country (e.g., 5 years for UK nationals, 2 years for Turkish nationals). There is no maximum number of renewals - E-2 holders can renew indefinitely as long as the business is operational and the treaty conditions are met.
How long can I stay in the U.S. on an E-2 visa?
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