How startup founders from treaty countries qualify for the E-2 investor visa with investment amounts, evidence, and strategies for 2026.
How startup founders from treaty countries qualify for the E-2 investor visa with investment amounts, evidence, and strategies for 2026.
Startup founders from treaty countries can obtain the E-2 visa by investing a substantial amount of capital in their U.S. business. While there is no fixed minimum, startup investments typically range from $100,000-$200,000+ to meet the substantiality requirement. The DS-160 fee is $205 plus a $250 Visa Integrity Fee. The E-2 has no annual cap, no lottery, and processing takes 2-8 weeks at U.S. consulates. Founders must own at least 50% of the business and actively direct operations.
No fixed minimum investment, but startups typically need $100,000-$200,000+ to meet the "substantial" threshold.
The founder must be a national of a treaty country (India, China, Russia, and Brazil are not eligible).
The investment must be "at risk" and committed to the business - funds in escrow or uncommitted bank accounts do not qualify.
The business must not be "marginal" - it must have potential to generate income beyond supporting only the founder's family.
The E-2 has no annual cap, no lottery, and can be renewed indefinitely.
E-2 processing is handled at U.S. consulates (2-8 weeks), not through USCIS.
The E-2 does not directly lead to a green card, but founders can transition to EB-2 NIW, EB-1A, or EB-5.
No fixed minimum investment, but startups typically need $100,000-$200,000+ to meet the "substantial" threshold.
The founder must be a national of a treaty country (India, China, Russia, and Brazil are not eligible).
The investment must be "at risk" and committed to the business - funds in escrow or uncommitted bank accounts do not qualify.
The business must not be "marginal" - it must have potential to generate income beyond supporting only the founder's family.
The E-2 has no annual cap, no lottery, and can be renewed indefinitely.
E-2 processing is handled at U.S. consulates (2-8 weeks), not through USCIS.
The E-2 does not directly lead to a green card, but founders can transition to EB-2 NIW, EB-1A, or EB-5.
Yes. The E-2 treaty investor visa is one of the most popular options for entrepreneurs from treaty countries who want to start or operate a business in the United States. Unlike the H-1B (which requires a lottery) or the O-1A (which requires extraordinary ability), the E-2 focuses on business investment and operational control.
There is no fixed dollar minimum. Consular officers evaluate substantiality based on:
Proportionality: The investment must be substantial relative to the total cost of establishing the business type. A $50,000 investment in a $60,000 business (83%) is more substantial than $50,000 for a $500,000 business (10%).
Commitment: Funds must be irrevocably committed to the business (spent on equipment, inventory, lease, payroll, etc.)
At Risk: The capital must be subject to partial or total loss if the business fails.
Business Type | Typical Minimum Investment |
|---|---|
Online/tech startup | $100,000-$150,000 |
Service business | $100,000-$200,000 |
Retail/restaurant | $150,000-$300,000 |
Franchise | $150,000-$500,000 |
Manufacturing | $200,000-$500,000+ |
Equipment and technology purchases
Lease payments and office build-out
Inventory and supplies
Employee salaries (first few months)
Marketing and operational expenses
Software development costs
Professional service fees (legal, accounting)
Uncommitted funds in a bank account
Personal living expenses
Funds held in escrow pending visa approval
Borrowed funds from the enterprise itself
A strong business plan is critical for startup E-2 applications. Include:
Executive summary of the business concept
Market analysis and competitive landscape
5-year financial projections
Job creation timeline (showing the business is not "marginal")
Marketing and growth strategy
Investment breakdown showing how funds are deployed
USCIS and consular officers deny E-2 applications for "marginal" enterprises. Your business must demonstrate potential to:
Generate significant income beyond supporting the founder's family
Create jobs for U.S. workers
Contribute to the local economy
Show a realistic growth trajectory
Item | Cost / Timeline |
|---|---|
DS-160 fee | $205 |
Visa Integrity Fee | $250 |
Consular processing | 2-8 weeks |
Business formation | $500-$5,000 |
Attorney fees | $5,000-$15,000 |
Initial duration | 2-5 years (varies by treaty) |
Renewals | Unlimited |
Feature | E-2 | O-1A |
|---|---|---|
Requirement | Substantial investment + treaty country | Extraordinary ability (3 of 8 criteria) |
Investment Required | $100,000-$200,000+ | None |
Treaty Country Required | Yes | No |
Annual Cap | None | None |
Processing | Consular (2-8 weeks) | USCIS (15 days premium) |
Duration | 2-5 years, unlimited renewals | Up to 3 years, unlimited extensions |
Green Card Path | No direct path | EB-1A, EB-2 NIW |
Best For | Founders with capital from treaty countries | Founders with extraordinary achievements |
Learn more about the O-1A visa
Investing too little relative to the business type is the most common denial reason. Ensure the investment is proportionally substantial.
Keeping funds in escrow pending visa approval defeats the "at risk" requirement. Deploy funds before the visa interview.
A one-person business with no employees and no growth plan may be deemed "marginal." Include hiring projections.
Consular officers require evidence of legitimate source of funds: bank statements, tax returns, sale of assets, inheritance documentation, or investor funding.
Yes. The E-2 treaty investor visa is one of the most popular options for entrepreneurs from treaty countries who want to start or operate a business in the United States. Unlike the H-1B (which requires a lottery) or the O-1A (which requires extraordinary ability), the E-2 focuses on business investment and operational control.
There is no fixed dollar minimum. Consular officers evaluate substantiality based on:
Proportionality: The investment must be substantial relative to the total cost of establishing the business type. A $50,000 investment in a $60,000 business (83%) is more substantial than $50,000 for a $500,000 business (10%).
Commitment: Funds must be irrevocably committed to the business (spent on equipment, inventory, lease, payroll, etc.)
At Risk: The capital must be subject to partial or total loss if the business fails.
Business Type | Typical Minimum Investment |
|---|---|
Online/tech startup | $100,000-$150,000 |
Service business | $100,000-$200,000 |
Retail/restaurant | $150,000-$300,000 |
Franchise | $150,000-$500,000 |
Manufacturing | $200,000-$500,000+ |
Equipment and technology purchases
Lease payments and office build-out
Inventory and supplies
Employee salaries (first few months)
Marketing and operational expenses
Software development costs
Professional service fees (legal, accounting)
Uncommitted funds in a bank account
Personal living expenses
Funds held in escrow pending visa approval
Borrowed funds from the enterprise itself
A strong business plan is critical for startup E-2 applications. Include:
Executive summary of the business concept
Market analysis and competitive landscape
5-year financial projections
Job creation timeline (showing the business is not "marginal")
Marketing and growth strategy
Investment breakdown showing how funds are deployed
USCIS and consular officers deny E-2 applications for "marginal" enterprises. Your business must demonstrate potential to:
Generate significant income beyond supporting the founder's family
Create jobs for U.S. workers
Contribute to the local economy
Show a realistic growth trajectory
Item | Cost / Timeline |
|---|---|
DS-160 fee | $205 |
Visa Integrity Fee | $250 |
Consular processing | 2-8 weeks |
Business formation | $500-$5,000 |
Attorney fees | $5,000-$15,000 |
Initial duration | 2-5 years (varies by treaty) |
Renewals | Unlimited |
Feature | E-2 | O-1A |
|---|---|---|
Requirement | Substantial investment + treaty country | Extraordinary ability (3 of 8 criteria) |
Investment Required | $100,000-$200,000+ | None |
Treaty Country Required | Yes | No |
Annual Cap | None | None |
Processing | Consular (2-8 weeks) | USCIS (15 days premium) |
Duration | 2-5 years, unlimited renewals | Up to 3 years, unlimited extensions |
Green Card Path | No direct path | EB-1A, EB-2 NIW |
Best For | Founders with capital from treaty countries | Founders with extraordinary achievements |
Learn more about the O-1A visa
Investing too little relative to the business type is the most common denial reason. Ensure the investment is proportionally substantial.
Keeping funds in escrow pending visa approval defeats the "at risk" requirement. Deploy funds before the visa interview.
A one-person business with no employees and no growth plan may be deemed "marginal." Include hiring projections.
Consular officers require evidence of legitimate source of funds: bank statements, tax returns, sale of assets, inheritance documentation, or investor funding.
Frequently Asked Questions
Can I use venture capital funding as my E-2 investment?
It is complex. The investment must come from the treaty investor personally. VC funding that goes directly to the company may not count as the investor's personal investment. However, if the founder personally invested their own funds (even if the company also received VC), the personal investment can qualify. Consult an immigration attorney for structuring.
Can I use venture capital funding as my E-2 investment?
Can Indian or Chinese nationals get an E-2 visa?
No. India, China, Russia, and Brazil do not have qualifying E-2 treaties with the U.S. Nationals of these countries should consider the O-1A visa (extraordinary ability), L-1A (intracompany transfer), EB-2 NIW (self-petition green card), or EB-5 investor visa as alternatives.
Can Indian or Chinese nationals get an E-2 visa?
Can I renew my E-2 visa indefinitely?
Yes, as long as the business remains operational and the treaty conditions are met. There is no maximum number of renewals. However, the E-2 is not a dual-intent visa and does not directly lead to a green card. Many founders maintain E-2 status while pursuing green card options through EB-2 NIW, EB-1A, or EB-5.
Can I renew my E-2 visa indefinitely?
How quickly can I get an E-2 visa?
E-2 processing at U.S. consulates typically takes 2-8 weeks, making it one of the fastest work visa options. Unlike the H-1B (lottery) or USCIS-processed visas (months of processing), the E-2 can be obtained relatively quickly once the investment is made and documentation is prepared.
How quickly can I get an E-2 visa?
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