E-2 Visa Requirements, Eligibility, and Benefits

The E-2 Treaty Investor visa is one of the most popular U.S. business visa options for qualified investors and entrepreneurs who want to live in the United States while actively running a business. It can be an excellent pathway for individuals who want to expand internationally, build a U.S. operation, and bring their spouse and children to the U.S. during the period of authorized stay.

The E-2 category is available to nationals of countries that have a qualifying treaty with the United States. In some cases, the E-2 business may also support visas for certain key employees who share the same treaty nationality and meet specific role requirements.

At Crightney Immigration, we help investors and business owners understand the rules, build a compliant strategy, and prepare strong E-2 applications supported by clear documentation.

What Is the E-2 Visa?

The E-2 visa is a nonimmigrant (temporary) visa that allows a treaty national to enter the United States to develop and direct a real, operating business in which they have invested (or are actively in the process of investing) a substantial amount of capital.

You may qualify for an E-2 by:

• Starting a new U.S. business

• Purchasing an existing U.S. business

• Investing in a qualifying franchise

• Entering a structured partnership or joint venture (in certain cases)

E-2 status can often be renewed as long as you continue to meet the requirements and the business remains viable. While the E-2 does not automatically lead to a green card, some investors later pursue permanent residence through other immigration categories depending on eligibility.

Key Benefits of the E-2 Visa

Common advantages of E-2 status may include:

• No fixed minimum investment amount set by law (investment must be “substantial” for the business type)

• Ability to live in the U.S. while managing your business

• Flexibility to travel internationally (with proper status and documentation)

• Spouse and unmarried children under 21 can typically accompany the investor

• Spouses are generally eligible to apply for work authorization in the U.S.

• Children can attend school in the U.S.

Renewals are possible if the business continues to meet E-2 standards and remains active and non-marginal.

Important Limitations to Understand

The E-2 is not the right fit for everyone. Some key limitations include:

• Only nationals of qualifying treaty countries may apply

• The investor generally must work for the E-2 enterprise (not unrelated employment)

• E-2 is a temporary category and does not grant permanent residence by itself

• Your status must be maintained properly (including reviewing I-94 entries and extensions when needed)

E-2 Visa Requirements (Overview)

To qualify, the application generally must demonstrate:

1) Treaty nationality

The investor must be a citizen of a treaty country. If a business is the investor, at least 50% ownership must typically be held by treaty nationals. (Below list of countries are subject to change)

2) A real, active U.S. business

The enterprise must be a legitimate, for-profit business providing goods or services. Passive investments (for example, holding stock or undeveloped land) generally do not qualify.

3) A substantial investment that is “at risk”

Funds must be committed to the business and subject to gain or loss. Simply parking money in a bank account is not enough. Investment size is evaluated based on the business model and overall startup/purchase cost.

4) The business cannot be “marginal”

The business must be capable of generating more than minimal living income for the investor and family, and/or show credible growth and job creation potential. Strong business planning and financial documentation are key.

5) The investor will develop and direct the enterprise

Typically shown through ownership (often at least 50%) and an active management role. Passive investors generally do not qualify.

6) Intent to depart when E-2 status ends

E-2 is a nonimmigrant classification. Applicants usually satisfy this by confirming they will depart the U.S. if status ends, even if renewals are possible.

Investment Funds and Source of Funds

In many cases, an investment of around $100,000 or more may be viewed as substantial, depending on the type and cost of the business. However, there is no fixed minimum investment required. In appropriate circumstances, E-2 applications have been approved with lower investment levels, including investments in the range of $50,000, when the business structure and supporting documentation are strong.

E-2 applications typically require clear documentation showing:

• The investment funds come from lawful sources

• The investor had possession and control of the funds

• The funds were committed to the enterprise and used for qualifying business expenses

Common sources can include savings, sale of assets, business income, inheritance, gifts, and in some cases properly structured loans.

Do You Need a Business Plan?

A detailed business plan is often essential especially for startups or businesses that are not yet operating at scale. The plan should clearly explain:

• The business model and services/products

• Startup costs and how funds are allocated

• Revenue and expense projections

• Hiring and growth timeline

• Why the business will be viable and non-marginal

E-2 Dependents: Spouse and Children

E-2 investors may generally bring:

• A spouse

• Unmarried children under 21

Spouses are typically eligible to work in the U.S. (subject to proper documentation). Children may study in the U.S. but are generally not authorized to work.

E-2 Visa Application Process (High-Level)

While every case is different, the process often includes:

1. Choosing the business structure and investment approach (startup, purchase, franchise, partnership)

2. Forming or acquiring the U.S. enterprise and committing the investment

3. Preparing documentation (corporate records, financials, source of funds, business plan, role description)

4. Filing through a U.S. consulate abroad or via USCIS (depending on your situation)

5. Completing any required interview or follow-up requests

6. Entering the U.S. in E-2 status and operating the business in compliance with E-2 requirements

Processing timelines vary by filing location and workload.

Common E-2 Visa Questions (FAQ)

Does the E-2 have a minimum investment amount?
There is no fixed amount in the law. The investment must be substantial relative to the business type and sufficient to make the business viable and non-marginal.

Can I buy an existing business or franchise?
Yes, many E-2 applicants qualify through business purchases or franchises, as long as the investment, ownership, and operating plan meet E-2 standards.

Can my family come with me?
In most cases, spouses and unmarried children under 21 may accompany the investor.

Can an E-2 lead to a green card?
E-2 does not automatically lead to permanent residence, but some investors later pursue immigrant options (for example, certain employment-based or investment-based categories) depending on eligibility.

Do I need to hire employees right away?
A startup can be filed without employees, but a credible hiring plan can strengthen the case. Renewals commonly focus on business performance, growth, and economic contribution.

How Can We Help

Strong E-2 applications require more than basic forms they require a coherent, well-supported business story backed by compliant documentation. We assist clients with:

• Eligibility assessment and strategy

• Structuring the business purchase or startup plan in a visa-friendly way

• Source-of-funds documentation support

• Business plan guidance (and coordination with professional plan writers when needed)

• Preparing and organizing the full application package

Ready to Explore the E-2 Visa?

If you are planning to start, buy, or expand a U.S. business, we can help you assess whether the E-2 is a fit and what your best next steps are.

Speak With an Immigration Professional

Speak with an immigration professional to discuss your E-2 strategy.

U.S. Immigration Disclaimer
Crightney Immigration provides immigration consulting and administrative support services. U.S. immigration matters may involve collaboration with U.S. licensed attorneys where required by law. This website provides general information only and does not constitute legal advice or create an attorney-client relationship.