The E-2 Treaty Investor Visa is a unique visa that allows individuals from specific countries to live and work in the United States. This visa is ideal for those who are looking to invest in a U.S.-based business or work in the U.S. as an essential employee, executive, or manager in a company owned by someone from their home country.
In this detailed guide, we will walk you through everything you need to know about the E-2 visa, including eligibility requirements, the application process, timelines, costs, and much more. If you’re considering applying for an E-2 visa, this guide will help you understand the steps, costs, and requirements in simple terms.
What is the E-2 Treaty Investor Visa?
The E-2 visa is a nonimmigrant visa that allows nationals from countries that have a trade agreement with the United States to:
- Invest a substantial amount of money in a U.S. business or entity (E-2 investor).
- Work as an executive, manager, or essential employee in a U.S. business owned by someone from their home country (E-2 employee).
To qualify for an E-2 visa, your home country must have a trade agreement with the U.S. More than 80 countries currently qualify for this program.
Key Points of the E-2 Visa
- Investment Options: You can invest in a new U.S. business or an existing one.
- Work for Your Business: E-2 visa holders are allowed to work for the business they’ve invested in.
- Bring Employees: E-2 visa holders can bring employees from their home country to work in the U.S. business.
- Unlimited Extensions: The E-2 visa is valid for two years, but you can extend your stay indefinitely as long as you meet the requirements. You can also travel and re-enter the U.S. to extend your stay.
Eligibility Requirements for an E-2 Visa
To qualify for the E-2 visa, there are several criteria you must meet:
1. Nationality
The person applying for the E-2 visa must be from a country that has a treaty of commerce and navigation with the United States. Over 80 countries are currently part of this treaty. You can find the full list of qualifying countries here.
2. Investment
To qualify, you need to show that you have invested or are actively investing a substantial amount of money into a U.S. business. The investment should be “at risk,” meaning the money is committed and cannot be easily withdrawn. The business must be viable, with the potential to create jobs and generate a significant income—not just enough to cover a basic living wage.
3. Active Management
As an E-2 investor, you must play an active role in managing the business. This means that you should own at least 50% of the business, make key decisions, and oversee day-to-day operations.
4. Business Type
The business must be a real, operational enterprise. It cannot be a marginal business (i.e., one that only supports your living expenses). The business should be capable of generating substantial income and creating jobs in the U.S.
5. Source of Funds
You must also show the source of the money used for your investment, proving that it has been legally obtained. This can include personal savings, business earnings, or loans that are legally secured.
Investment Criteria: What Qualifies?
The type of business and investment you make are crucial factors in the approval of your E-2 visa. Here’s a breakdown of what qualifies and what doesn’t:
| Qualifying Investments | Non-Qualifying Investments |
| Investment in an active business | Ownership of undeveloped land |
| Funds are fully committed and at risk | Uncommitted funds sitting in a bank account |
| Substantial investment in the business | Speculative investments with no active involvement |
| Business generates more than a living wage | Business only covers basic living expenses |
| Investor has a key role in running the business | No significant role in running the business |
E-2 Visa Timeline
The processing time for an E-2 visa can vary depending on whether you are applying from within the U.S. or outside the U.S.
If You’re Already in the U.S.
Most applicants will receive a decision within 2.1 months. If you want faster processing, you can opt for premium processing, which typically speeds up the process to 30 days.
If You’re Applying from Outside the U.S.
The timeline for applying from outside the U.S. can vary by consulate. It can take anywhere from a few weeks to several months, depending on the location and the specific consulate’s processing times. Check with your local consulate for detailed information.
How to Apply for the E-2 Visa
The application process differs based on whether you’re applying from within the U.S. or outside of it.
From Within the U.S. (Change of Status)
- Ensure Eligibility: Confirm that you meet all the requirements, including nationality and business criteria.
- Prepare and File Form I-129: This is the Petition for a Nonimmigrant Worker.
- Gather Documentation: This includes your business plan, proof of investment, and source of funds.
- Premium Processing (Optional): If you want faster processing, request premium processing for an additional fee.
- Receive Approval: If your petition is approved, your status will be updated to E-2 on your Form I-797 Approval Notice.
From Outside the U.S. (Consular Processing)
- Ensure Eligibility: Make sure you meet all the requirements for the E-2 visa.
- Complete Forms DS-160 and DS-156E: These forms are used for visa applications.
- Visa Interview: Attend the interview at your U.S. embassy or consulate, where you will discuss your investment and business plans.
- Get Your Visa: If approved, your E-2 visa will be stamped in your passport, typically valid for 5 years.
- Travel to the U.S.: Present your visa at a U.S. port of entry, where a Customs and Border Protection officer will issue your I-94 travel record.
E-2 Visa Costs
The E-2 visa comes with two main costs:
- Investment Cost: This is the amount you invest in your U.S. business. While there is no minimum set amount, the investment should be substantial enough to make the business successful.
- Application Cost: These are government filing fees, along with any costs for professional services like attorneys or business plan writers.
Fees for U.S.-based Applications:
- Form I-129: $510 – $1015, depending on the business size
- Form I-539 (for dependents): $470
- Premium Processing (Form I-907): $2805 (optional for faster processing)
Fees for Consular Processing:
- Form DS-160: No fee for filing, but there is a $315 processing fee for the E-2 visa.
- Reciprocity Fee: Some countries may charge additional fees based on their visa agreements with the U.S.
- Premium Processing (Form I-907): $2805
E-2 Visa Holders and Taxes
As an E-2 visa holder, you will be subject to U.S. taxes. You will need to file federal and state tax returns for any income earned while in the U.S.
What Happens After Your E-2 Visa Is Approved?
Once your E-2 visa is approved, there are a few important steps to take depending on whether you applied from within the U.S. or from abroad. Here’s a breakdown of the process:
If You Applied From Within the U.S. (Change of Status):
- USCIS Approval Notice: You will receive a Form I-797 (Notice of Action) from the United States Citizenship and Immigration Services (USCIS), confirming that your status has changed to E-2.
- Work Authorization: As soon as you receive this approval, you are allowed to start working for the business in which you’ve invested. This approval grants you work authorization immediately.
- Travel Requirements: If you plan to travel outside the U.S., you will need to visit a U.S. consulate to get an E-2 visa stamp in your passport. Please note that this is not just a quick stamping process; it involves submitting a complete E-2 application and undergoing a review by the consulate.
If You Applied From Outside the U.S. (Consular Processing):
- Visa Issuance: The U.S. consulate will stamp your passport with the E-2 visa, officially granting you entry into the United States under the E-2 status.
- Travel to the U.S.: With the approved E-2 visa in your passport, you can travel to the United States. Upon arrival, you will go through inspection by a Customs and Border Protection (CBP) officer at the port of entry.
- I-94 Travel Record: The CBP officer will create an I-94 travel record, indicating your E-2 status and the length of your stay. Be sure to review this information for accuracy.
- Work Authorization: After passing inspection, you are authorized to begin working for the business in which you invested.
Key Points for Both Situations:
- Social Security Number (SSN): If you don’t already have one, you’ll need to apply for a Social Security Number (SSN) to work legally in the U.S.
- Taxes: As an E-2 visa holder, you will be subject to U.S. tax laws and will need to file both federal and state tax returns for any income earned in the United States.
What Types of Businesses Qualify for an E-2 Visa?
The E-2 visa is quite flexible when it comes to the type of business you can invest in. You can either establish a new business, buy an existing one, or even purchase a franchise. Here are some examples of qualifying businesses:
- Service-Based Businesses: This includes things like hair salons, cafes, or consulting firms.
- Legal Practices: Lawyers with the necessary qualifications can establish their law practices.
- Commercial Ventures: Businesses such as import/export, manufacturing, or retail storefronts can qualify, as long as the business meets the investment and job creation criteria.
- Franchises: Purchasing a franchise is also a viable option, especially since many franchises come with proven business models and brand recognition.
While there are many types of businesses that can qualify, the key factor is whether the business shows potential for growth and substantial economic impact. Law and Visas can help you navigate through different business options and guide you in choosing the one that best fits your goals and qualifications.
Do I Need an Additional Work Permit If I Have an E-2 Visa?
No, you do not need a separate work permit if you have an E-2 visa. The E-2 visa itself serves as your work authorization. You are legally allowed to work for the business that you have invested in.
Can Employees of the Primary E-2 Visa Holder Also Obtain E-2 Visas?
Yes, in some cases, employees of the principal E-2 visa holder may also qualify for an E-2 visa. The employee must be of the same nationality as the primary investor and must be coming to the U.S. to fill an executive, supervisory, or essential role in the business.
Can I Apply for a Green Card While on an E-2 Visa?
It is possible to apply for a Green Card while on an E-2 visa, but it can be complicated. The E-2 visa is considered a “nonimmigrant” visa, meaning it’s meant for temporary stays, and requires you to show that you intend to leave the U.S. when your visa expires. This may conflict with applying for permanent residency (Green Card), so you need to carefully plan and consider your options with the help of an immigration consultant.
How Long Can I Stay in the U.S. on an E-2 Visa?
With an E-2 visa, you can initially stay in the U.S. for up to two years. If you need more time, you can request an extension. Extensions are typically granted for up to two years at a time. Alternatively, you can travel outside the U.S. and re-enter with a valid E-2 visa to extend your stay.
Can I Travel Outside the U.S. While on an E-2 Visa?
Yes, E-2 visa holders are generally allowed to travel outside the U.S. and will typically be granted an automatic two-year period of re-entry when returning. However, if you travel frequently or for long periods, it may raise questions about your intent to stay in the U.S. to run the business.
Can Dependents (Spouses and Children) of E-2 Visa Holders Obtain E-2 Visas?
Yes, the spouse and unmarried children under 21 of the primary E-2 visa holder can be included in the application. They will typically be granted the same duration of stay as the main visa holder. It’s important to note that dependents do not have to share the same nationality as the primary E-2 visa holder.
Can Dependent E-2 Spouses Work in the U.S.?
Yes, in most cases, dependent spouses of E-2 visa holders are automatically granted work authorization without needing to apply for a separate Employment Authorization Document (EAD). The spouse can use the unexpired Form I-94 (Arrival/Departure Record) as proof of work authorization.
Can I Change Jobs on an E-2 Visa?
No, the E-2 visa allows you to work only for the business you have invested in. However, you are free to change roles or positions within the same business or, in some cases, transfer to a subsidiary or parent company of the business.
Do E-2 Visa Holders Pay Taxes?
Yes, as an E-2 visa holder, you are required to file federal and state tax returns for any income earned in the U.S. You will be subject to U.S. tax laws, just like any other resident or worker in the country.
Can the E-2 Visa Lead to a Green Card?
Although the E-2 visa is a nonimmigrant visa, it does not provide a direct path to a green card (permanent residency). However, there are other pathways to permanent residency, including employment-based green cards or family sponsorship.
Can My Family Join Me on an E-2 Visa?
Yes, spouses and unmarried children under 21 years old of E-2 visa holders can join them in the U.S. on E-2 dependent visas. In most cases, spouses can also work in the U.S. without needing additional authorization.
The E-2 visa is a fantastic option for individuals looking to invest in or manage a U.S. business. Whether you are planning to start a new business or buy an existing one, this visa can provide a pathway to living and working in the United States. It’s important to fully understand the eligibility requirements, investment criteria, and application process to increase your chances of success. If you’re ready to start your E-2 visa journey, be sure to check your eligibility and get started on your application today.
