E-2 offers entrepreneurs from treaty countries a fast, renewable path to build businesses in the U.S.—without the H-1B lottery or massive EB-5 investment. Here's how it works and when it makes sense.
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E-2 treaty investor visa allows citizens of treaty countries to live and work in the U.S. by investing in a business. Investment requirements are lower than EB-5 ($100K-$300K typical vs $800K+), processing is fast (weeks to months), and the visa is indefinitely renewable. Limitations: no direct path to green card, only available to treaty country citizens, and you must maintain the investment. E-2 is ideal as a bridge while building toward EB-1A or NIW.
Lower investment than EB-5: Typical E-2 investments are $100K-$300K vs $800K+ for EB-5.
Fast processing: Weeks to months, not years.
Indefinitely renewable: Can renew as long as business operates.
Spouse can work: E-2 spouse receives EAD.
No direct green card path: Must transition to other visa category for green card.
Treaty country citizenship required: Not available for citizens of all countries.
Lower investment than EB-5: Typical E-2 investments are $100K-$300K vs $800K+ for EB-5.
Fast processing: Weeks to months, not years.
Indefinitely renewable: Can renew as long as business operates.
Spouse can work: E-2 spouse receives EAD.
No direct green card path: Must transition to other visa category for green card.
Treaty country citizenship required: Not available for citizens of all countries.
Requirement 1: Treaty Country Citizenship
You must be a citizen of a country with E-2 treaty with the U.S.
Countries with E-2 treaties (partial list):
Europe: UK, France, Germany, Italy, Spain, Netherlands, most EU countries
Asia: Japan, South Korea, Taiwan, Philippines, Thailand, Singapore
Americas: Mexico, Argentina, Canada, Colombia, Chile, Costa Rica
Middle East: Israel, Turkey, Jordan, Egypt
Other: Australia, New Zealand
Countries WITHOUT E-2 treaties:
India
China (mainland)
Brazil
Russia
South Africa
Vietnam
Strategic note for Indians/Chinese: E-2 is not available. Consider EB-5, O-1, or EB-1A instead.
Requirement 2: Substantial Investment
Investment must be "substantial" relative to the business.
What counts as investment:
Cash invested in business
Equipment purchased
Inventory
Lease deposits
Business acquisition costs
What is "substantial"?
No fixed minimum amount
Must be proportional to business type
Rule of thumb: $100K-$300K for most businesses
Lower amounts possible for service businesses
Higher amounts expected for capital-intensive businesses
Investment guidance by business type:
Business Type | Typical Investment |
Consulting/service | $100K-$150K |
Restaurant/retail | $150K-$300K |
Tech startup | $150K-$500K |
Manufacturing | $300K-$1M+ |
Franchise | Per franchise requirements |
Requirement 3: Investment "At Risk"
Investment must be committed and at risk.
What this means:
Money is spent or committed to business
Not just sitting in bank account
Business could fail (risk exists)
What doesn't count:
Money held in escrow pending visa approval
Personal assets not invested in business
Loans secured by investment itself
Requirement 4: Real and Operating Business
Business must be real, active, and more than marginal.
Requirements:
Business generates revenue (or will soon)
You're actively directing/developing it
It's not "marginal" (must generate more than living expenses or have significant job creation potential)
What works:
Existing profitable business
New business with clear business plan
Franchise with proven model
Startup with clear path to revenue
What doesn't work:
Passive investments (just holding stocks)
Speculative investments (buying land to hold)
Businesses that only support your family
Requirement 5: Intent to Depart
E-2 is non-immigrant visa—you must intend to leave when status ends.
What this means:
E-2 doesn't have "dual intent" like H-1B
Officially, you should plan to return home eventually
In practice, E-2 is renewed indefinitely
Pursuing green card while on E-2 is tricky (discussed below)
Factor | E-2 | EB-5 |
Investment amount | $100K-$300K typical | $800K-$1,050,000 |
Processing time | Weeks to months | 2-4 years |
Green card | No | Yes |
Renewable | Indefinitely | N/A (green card is permanent) |
Job creation required | Not specific | 10 full-time jobs |
Treaty country required | Yes | No |
Best for | Entrepreneurs wanting flexibility | Those wanting permanent residence |
E-2 Spouse (E-2S):
Can apply for EAD (work authorization)
Can work for any employer
Not restricted to E-2 business
E-2 Children:
Can attend school
Cannot work
Status until age 21
Advantage: Unlike O-3 (spouse of O-1), E-2 spouse can work. This is significant for dual-career couples.
The challenge: E-2 doesn't lead directly to green card, and pursuing green card while on E-2 raises "immigrant intent" concerns.
Strategy 1: EB-1A (Extraordinary Ability)
Build evidence while running E-2 business
File EB-1A when qualified
EB-1A is self-petitioned (no employer needed)
"Change of intent" happens over time
Why this works:
Your business success generates evidence
Press coverage, revenue, job creation
Industry recognition for your work
Strategy 2: EB-2 NIW (National Interest Waiver)
If your business benefits national interest
Self-petitioned
Argue your work merits waiving job offer requirement
Why this works:
Innovative businesses may qualify
Job creation benefits U.S.
Research/development work may qualify
Strategy 3: EB-1C (Multinational Manager)
If E-2 business grows significantly
Establish foreign office
Transfer yourself as executive/manager
Why this works:
You're already running the business
Add foreign affiliate
Qualify as multinational manager
Strategy 4: Employer-Sponsored Green Card
Large E-2 business sponsors you
PERM → I-140 → I-485
You're both employer and employee
Why this works:
Business is legitimate
You have qualifying position
Self-sponsorship is complex but possible
Step 1: Establish the Business
Form U.S. company (LLC or Corporation)
Open business bank account
Make investment (buy equipment, lease space, hire employees)
Begin operations (or prepare to begin)
Step 2: Prepare E-2 Application
Documents needed:
Business plan
Proof of investment (bank statements, receipts, contracts)
Evidence business is real and operating
Your ownership evidence
Source of funds documentation
Your resume and qualifications
Step 3: Apply for E-2 Visa
Two options:
Consular processing (from abroad):
Apply at U.S. embassy/consulate
Interview required
Decision: usually within weeks
Best for applicants outside U.S.
Change of status (from within U.S.):
File I-129 with USCIS
Longer processing (3-6 months)
Best for applicants already in U.S. on other status
Step 4: Enter U.S. and Operate Business
Visa valid up to 5 years (varies by country)
Status granted in 2-year increments typically
Renewable indefinitely
Renewal requirements:
Business still operating
Investment still substantial
You're still directing business
Business isn't marginal
How long can you stay on E-2?
Theoretically indefinitely
As long as business continues
Many people stay 10+ years on E-2
What can jeopardize renewal:
Business failure
Selling your investment
Not actively managing business
Business becoming marginal
Mistake 1: Insufficient Investment
Trying to get E-2 with $50K when business type requires $150K.
Fix: Invest substantially for your business type.
Mistake 2: Money Not "At Risk"
Holding funds in escrow or bank pending visa approval.
Fix: Invest before applying. Use irrevocable escrow if needed.
Mistake 3: Marginal Business
Business only generates enough for your family's living expenses.
Fix: Show job creation potential or growth trajectory.
Mistake 4: Passive Investment
Buying rental property and expecting E-2.
Fix: E-2 requires active business, not passive investment.
Treaty Country Check: Confirm your citizenship qualifies for E-2.
Investment Assessment: Based on your capital and business type, evaluate if E-2 is viable.
Green Card Transition Planning: Map path from E-2 to EB-1A, NIW, or other green card.
Alternative Analysis: If E-2 isn't available (India, China), show alternative entrepreneur paths.
Visa | Investment | Green Card Path | Processing | Available To |
E-2 | $100K-$300K | Indirect (EB-1A, NIW) | Weeks-months | Treaty countries |
EB-5 | $800K-$1,050K | Direct | 2-4 years | All countries |
O-1 | None required | Indirect (EB-1A) | 15 days (premium) | All countries |
L-1 | Company investment | Direct (EB-1C) | Months | Multinationals |
H-1B | None | Indirect (employer GC) | Lottery + months | All countries |
Are you an entrepreneur from a treaty country considering E-2? Want to understand the investment requirements and green card transition options?
Take the OpenSphere evaluation. You'll get E-2 eligibility assessment and long-term planning strategy.
Requirement 1: Treaty Country Citizenship
You must be a citizen of a country with E-2 treaty with the U.S.
Countries with E-2 treaties (partial list):
Europe: UK, France, Germany, Italy, Spain, Netherlands, most EU countries
Asia: Japan, South Korea, Taiwan, Philippines, Thailand, Singapore
Americas: Mexico, Argentina, Canada, Colombia, Chile, Costa Rica
Middle East: Israel, Turkey, Jordan, Egypt
Other: Australia, New Zealand
Countries WITHOUT E-2 treaties:
India
China (mainland)
Brazil
Russia
South Africa
Vietnam
Strategic note for Indians/Chinese: E-2 is not available. Consider EB-5, O-1, or EB-1A instead.
Requirement 2: Substantial Investment
Investment must be "substantial" relative to the business.
What counts as investment:
Cash invested in business
Equipment purchased
Inventory
Lease deposits
Business acquisition costs
What is "substantial"?
No fixed minimum amount
Must be proportional to business type
Rule of thumb: $100K-$300K for most businesses
Lower amounts possible for service businesses
Higher amounts expected for capital-intensive businesses
Investment guidance by business type:
Business Type | Typical Investment |
Consulting/service | $100K-$150K |
Restaurant/retail | $150K-$300K |
Tech startup | $150K-$500K |
Manufacturing | $300K-$1M+ |
Franchise | Per franchise requirements |
Requirement 3: Investment "At Risk"
Investment must be committed and at risk.
What this means:
Money is spent or committed to business
Not just sitting in bank account
Business could fail (risk exists)
What doesn't count:
Money held in escrow pending visa approval
Personal assets not invested in business
Loans secured by investment itself
Requirement 4: Real and Operating Business
Business must be real, active, and more than marginal.
Requirements:
Business generates revenue (or will soon)
You're actively directing/developing it
It's not "marginal" (must generate more than living expenses or have significant job creation potential)
What works:
Existing profitable business
New business with clear business plan
Franchise with proven model
Startup with clear path to revenue
What doesn't work:
Passive investments (just holding stocks)
Speculative investments (buying land to hold)
Businesses that only support your family
Requirement 5: Intent to Depart
E-2 is non-immigrant visa—you must intend to leave when status ends.
What this means:
E-2 doesn't have "dual intent" like H-1B
Officially, you should plan to return home eventually
In practice, E-2 is renewed indefinitely
Pursuing green card while on E-2 is tricky (discussed below)
Factor | E-2 | EB-5 |
Investment amount | $100K-$300K typical | $800K-$1,050,000 |
Processing time | Weeks to months | 2-4 years |
Green card | No | Yes |
Renewable | Indefinitely | N/A (green card is permanent) |
Job creation required | Not specific | 10 full-time jobs |
Treaty country required | Yes | No |
Best for | Entrepreneurs wanting flexibility | Those wanting permanent residence |
E-2 Spouse (E-2S):
Can apply for EAD (work authorization)
Can work for any employer
Not restricted to E-2 business
E-2 Children:
Can attend school
Cannot work
Status until age 21
Advantage: Unlike O-3 (spouse of O-1), E-2 spouse can work. This is significant for dual-career couples.
The challenge: E-2 doesn't lead directly to green card, and pursuing green card while on E-2 raises "immigrant intent" concerns.
Strategy 1: EB-1A (Extraordinary Ability)
Build evidence while running E-2 business
File EB-1A when qualified
EB-1A is self-petitioned (no employer needed)
"Change of intent" happens over time
Why this works:
Your business success generates evidence
Press coverage, revenue, job creation
Industry recognition for your work
Strategy 2: EB-2 NIW (National Interest Waiver)
If your business benefits national interest
Self-petitioned
Argue your work merits waiving job offer requirement
Why this works:
Innovative businesses may qualify
Job creation benefits U.S.
Research/development work may qualify
Strategy 3: EB-1C (Multinational Manager)
If E-2 business grows significantly
Establish foreign office
Transfer yourself as executive/manager
Why this works:
You're already running the business
Add foreign affiliate
Qualify as multinational manager
Strategy 4: Employer-Sponsored Green Card
Large E-2 business sponsors you
PERM → I-140 → I-485
You're both employer and employee
Why this works:
Business is legitimate
You have qualifying position
Self-sponsorship is complex but possible
Step 1: Establish the Business
Form U.S. company (LLC or Corporation)
Open business bank account
Make investment (buy equipment, lease space, hire employees)
Begin operations (or prepare to begin)
Step 2: Prepare E-2 Application
Documents needed:
Business plan
Proof of investment (bank statements, receipts, contracts)
Evidence business is real and operating
Your ownership evidence
Source of funds documentation
Your resume and qualifications
Step 3: Apply for E-2 Visa
Two options:
Consular processing (from abroad):
Apply at U.S. embassy/consulate
Interview required
Decision: usually within weeks
Best for applicants outside U.S.
Change of status (from within U.S.):
File I-129 with USCIS
Longer processing (3-6 months)
Best for applicants already in U.S. on other status
Step 4: Enter U.S. and Operate Business
Visa valid up to 5 years (varies by country)
Status granted in 2-year increments typically
Renewable indefinitely
Renewal requirements:
Business still operating
Investment still substantial
You're still directing business
Business isn't marginal
How long can you stay on E-2?
Theoretically indefinitely
As long as business continues
Many people stay 10+ years on E-2
What can jeopardize renewal:
Business failure
Selling your investment
Not actively managing business
Business becoming marginal
Mistake 1: Insufficient Investment
Trying to get E-2 with $50K when business type requires $150K.
Fix: Invest substantially for your business type.
Mistake 2: Money Not "At Risk"
Holding funds in escrow or bank pending visa approval.
Fix: Invest before applying. Use irrevocable escrow if needed.
Mistake 3: Marginal Business
Business only generates enough for your family's living expenses.
Fix: Show job creation potential or growth trajectory.
Mistake 4: Passive Investment
Buying rental property and expecting E-2.
Fix: E-2 requires active business, not passive investment.
Treaty Country Check: Confirm your citizenship qualifies for E-2.
Investment Assessment: Based on your capital and business type, evaluate if E-2 is viable.
Green Card Transition Planning: Map path from E-2 to EB-1A, NIW, or other green card.
Alternative Analysis: If E-2 isn't available (India, China), show alternative entrepreneur paths.
Visa | Investment | Green Card Path | Processing | Available To |
E-2 | $100K-$300K | Indirect (EB-1A, NIW) | Weeks-months | Treaty countries |
EB-5 | $800K-$1,050K | Direct | 2-4 years | All countries |
O-1 | None required | Indirect (EB-1A) | 15 days (premium) | All countries |
L-1 | Company investment | Direct (EB-1C) | Months | Multinationals |
H-1B | None | Indirect (employer GC) | Lottery + months | All countries |
Are you an entrepreneur from a treaty country considering E-2? Want to understand the investment requirements and green card transition options?
Take the OpenSphere evaluation. You'll get E-2 eligibility assessment and long-term planning strategy.
1. What's the minimum investment for E-2?
No fixed minimum. Must be "substantial" for your business type. $100K-$300K is typical.
2. Can I get E-2 if I'm from India or China?
No. Neither country has E-2 treaty with U.S. Consider EB-5 or O-1 instead.
3. Can my spouse work on E-2?
Yes. E-2 spouse can get EAD and work for any employer.
4. Does E-2 lead to green card?
Not directly. You must transition to EB-1A, NIW, EB-5, or employer-sponsored green card.
5. How long can I stay on E-2?
Indefinitely, as long as business continues operating. Many people stay 10+ years.
6. Can I buy an existing business for E-2?
Yes. Acquiring existing business is common E-2 strategy.
7. What if my business fails?
E-2 status ends. You must leave or change to another status.
8. Can I work for other employers on E-2?
No. E-2 is tied to your specific investment/business. You work for your business only.
9. Can I have partners in my E-2 business?
Yes, but you must own at least 50%, or own less than 50% with operational control.
10. What countries have E-2 treaties?
Most European countries, Japan, South Korea, Mexico, many others. Check State Department list for current treaties.
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