E-2 Treaty Investor Visa
United States USA
The E-2 Treaty Investor Visa allows nationals of treaty countries to enter and work in the United States based on a substantial investment in a bona fide US business. Unlike the EB-5, this is a non-immigrant visa with no direct path to permanent residency, but it can be renewed indefinitely in two- to five-year increments as long as the business remains operational. The investor must direct and develop the enterprise and own at least 50% of the business.
Program Details
- Category
- Investment
- Processing Time
- 3 months
- Application Fee
- $315
- Minimum Income
- —
- Minimum Investment
- $100,000
- Family Included
- Spouse and unmarried children under 21 included; spouse may apply for work authorization
- Path to PR
- No
- Path to Citizenship
- No
- Physical Presence
- Must maintain active direction and development of the enterprise; extended absences may jeopardize status
- Dual Citizenship
- Allowed
- Tax Impact
- E-2 holders who meet the Substantial Presence Test become US tax residents subject to worldwide income reporting
No formal minimum, but investment must be 'substantial' relative to the business; typically $100,000+ is considered sufficient
Key Requirements
- ✓Nationality of a country with a US bilateral investment or commerce treaty
- ✓Substantial investment (typically $100,000+) proportional to total business cost
- ✓Investment must be in a real, active, for-profit enterprise — not a passive or marginal operation
- ✓Investor must own at least 50% of the business or hold a controlling interest
- ✓Business must generate more income than merely supporting the investor and family
- ✓Investor must direct and develop the enterprise
Am I eligible for E-2 Treaty Investor Visa?
Quick self-check based on the published criteria. Not legal advice. No data leaves your browser.
Nationality eligibility
Select your nationality to check.
Minimum investment / capital
Programme requires $100,000.
Fill in the fields above to see a verdict.
This is a heuristic, not a determination. Final eligibility depends on full documentation and immigration-officer discretion.
Nationality Restrictions
This program restricts applications from nationals of: Only nationals of countries with a qualifying bilateral commerce treaty with the US are eligible; approximately 80 treaty countries
Application Process — Step by Step
- 01
Verify treaty country eligibility
home countryE-2 requires applicant to be a national of a country with a US treaty of commerce/navigation (~80 countries). Not India or China. Grenada CBI is the only Caribbean CBI granting E-2 eligibility.
Typical duration: 1 weeksource ↗
- 02
Make substantial investment in US business
destinationNo statutory minimum but typically $100,000+ required. Investment must be "at risk", active (not passive real estate), and create jobs for Americans beyond the applicant.
Typical duration: 4-16 weeks
- 03
File E-2 application at US consulate or via I-129
home countryConsular processing at US embassy abroad OR change of status within US via I-129. Business plan, 5-year projections, investor CV, source of funds.
Typical duration: 2-5 months
- 04
Receive E-2 visa + enter US
destinationInitial period up to 5 years (some treaty countries longer/shorter). Indefinitely renewable as long as investment + business continue.
Typical duration: 1-2 weeks after issuance
Documents Required
| Document | Issued By | Apostille | Translate to | Validity (days) |
|---|---|---|---|---|
| Valid passport from treaty country | Home country | No | — | 180 |
| Source of funds + investment proof | Bank/legal | Yes | en | 90 |
| Business plan with 5-year projections | Applicant/business plan writer | No | — | 90 |
| Incorporation + business registration proof | US state authority | No | — | 30 |
Realistic Costs
Some figures below are industry estimates rather than officially verified: lawyer_fee_low, lawyer_fee_high, translations, apostilles, health_insurance_first_year, relocation_misc, total_first_year_low, total_first_year_high, total_5_year_low, total_5_year_high.
Excludes the business investment itself. Business plan + immigration lawyer typically essential.
Realistic Timeline
- Consulate wait8–40 weeks
- Decision → arrival2 weeks
- Total to residence card10–42 weeks
E-2 consulate waits vary wildly: some UK/Canadian consulates 3-6 weeks, some emerging markets 6-12 months.
Renewal
- First renewal after
- 60 months
- Subsequent cycle
- 60 months
- Renewal fee
- $460
- Requirements
- Continued substantial investment + active business + non-marginal operations.
Path to Permanent Residency — Details
- Years required
- 0
- Integration test
- Not required
Path to Citizenship — Details
- Years required
- 0
- Language test
- No
- Civic test
- Not required
- Oath
- Not required
- Dual citizenship
- Allowed
Tax Residency
- Trigger
- 183 days/year of presence
- Taxation scope
- Worldwide income
- Exit-tax country
- No
Health Insurance
- Mandatory
- No
Examples: Aetna, Blue Cross, Cigna, UnitedHealthcare
Family Specifics
- Spouse work rights
- Spouse receives automatic work authorization (EAD not required as of Nov 2021)
- Child school enrolment
- Full access to US public schools
- Parent inclusion
- Not eligible
- Sibling inclusion
- Not eligible
Gotchas — Things to Watch For
- ⚠E-2 does NOT lead to green card — indefinite renewable but non-immigrant status
- ⚠Not available to Indian or Chinese nationals (no treaty). Grenada CBI is a workaround for E-2 access.
- ⚠"Marginality" rule: business must be more than sole income source for investor family
- ⚠E-2 spouse can work (2022 automatic extension); children lose status at 21
- ⚠US tax residency kicks in via substantial presence — worldwide income + FATCA
What This Visa Does NOT Allow
- ×Passive real estate or portfolio investment
- ×Employment with employers other than the E-2 business
- ×Direct path to permanent residency
Common Rejection Reasons
- •Investment deemed non-substantial or passive
- •Business plan lacking genuine operations
- •Source of funds not clearly traced
- •Applicant nationality not eligible (no treaty)
Recent Legislative Changes
2022-03-15
EB-5 reform indirectly affected E-2: Grenada CBI route to E-2 remained, and some E-2-to-EB-5 upgrade paths clarified.source ↗
Frequently Asked Questions
Can Indian or Chinese nationals get E-2?+
Not directly — no bilateral treaty. Common workaround: Grenada CBI (~$150k donation) grants Grenadian citizenship, which is E-2 treaty eligible. Turkey CBI also works for E-2. Total cost comparable to or less than EB-5.
Does E-2 lead to a green card?+
No. E-2 is non-immigrant, indefinitely renewable. Common upgrade paths: EB-5 (invest additional capital to $800k+), EB-1 extraordinary ability, EB-2 employment-based if applicant qualifies. Many E-2 holders remain in E-2 for decades.
Good Fit For
Applying from a specific country? Your home-country tax rules, banking access, and dual-citizenship options affect every programme differently. Browse nationality guides → for tax obligations, renunciation rules, and second-passport routes.
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