Essential Guide to the E 2 Visa: Application Process & Requirements

Key Benefits E-2 Visa

• Quick and simple route to live and work in the US
  Make an investment that is considered substantial in a genuine business and you can get a decision on your E-2 visa in just a few weeks. Compared to other work permit options, this is a simple and easy route to setup your business in the US.
• No specific investment requirement.
  Unlike the EB-5 visa, the law does not require a specific amount of investment. Invest as much as is needed for your genuine business idea and ensure it is considered substantial.
• Freedom to setup the business of your choice
  There are no job creation requirements or any restriction to invest in a specific type of business or sector. Qualify for the investor visa as long as you have a valid business idea.
• Easy renewals and virtually unlimited visa validity
  Your E 2 visa will get renewed as long as the treaty investor continues operating the business in the US.
• Freedom to travel outside and back into the US.
  No travel restrictions. The treaty investor and family members on the E 2 visa can visit their home countries without any visa or stamping hassles.
• Bring eligible family members to live and work in the US
  The treaty investor can bring his or her spouse and dependent children below the age of 21 to the US on the basis of a single investment.
• Apply for the Green Card in the future.
  The E-2 visa is a nonimmigrant visa but that does not bar you from applying for the green card through the EB-5 visa or the EB-2 NIW visa in the future.
• Quick processing times: The treaty investor has the option of using premium processing to speed up the decision making process and enter the US with minimal processing delays.

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E-2 and EB-5 Visa—A Comparison

E2 Visa	Category	EB-5 Visa
The E-2 visa applicant must invest a significant substantial investment. No specific investment requirement.	Minimum Investment	$1.05 million with option of reduced investment of $800,000 if investing in a rural area or a High Unemployment Urban area
Apart from cash and cash equivalents, transfer of assets or even intellectual property are considered valid investments to qualify for the E-2 visa.	Nature of Investment	The EB-5 investor must necessarily transfer liquid money worth $800k to the US to qualify for the EB-5 visa.
Non-immigrant visa that does not lead to the green card.	Type of Visa	Immigrant visa offering lawful permanent residence in the US.
Initially valid for up to five years and can be renewed indefinitely as long as the underlying business is operational and functioning.	Validity	Offers a two-year conditional green card that can be converted into a ten-year unconditional green card if at-risk investment and job creation requirements are fulfilled.
No requirement to create any jobs in the US to qualify for the visa.	Job Creation	The investor must create at least for 10 full time jobs for U.S. citizens or permanent residents to qualify for the visa.
The E2 visa investor must be a citizen of a country that has signed a Treaty of Commerce and Navigation with the United States.	Nationality	National of any country can apply for the EB-5 visa
The visa can be renewed indefinitely as long as the underlying E2 business remains functional and operational.	Renewal	Not necessary since the investor qualifies directly for the green card
Not very long and investors have the option of applying for premium processing	Processing Times	EB-5 petitions have longer processing times. It can take around 18 to 24 months for the investor to qualify for the conditional green card.
An essential and integral requirement of the E-2 visa	Business Participation	Regional Center investors can delegate day-to-day management to professional managers and participate in policy making and oversight.
Not prohibited but can be done only if the business continues to remain operational since visa status is connected to the continuation of the business.	Return of Capital	Successful RC projects can offer return of capital in around 4 to 6 years.
Not so significant as compared to the EB 5 visa	Fees and Charges	Additional fees and charges can cost around $100,000 above the required EB-5 investment.
No quota or per-country cap applicable to E-2 visa applicants.	Quota or Per-Country Cap	Global quota of 10,000 EB-5 visas in a fiscal year with a per-country cap of 7.1% i.e. around 700 visas per fiscal year.

Last Updated: April, 2025

E-2 Visa—Eligibility and Investment Requirements

Understanding E visas

‘E’ visas are a category of non-immigrant visas available to treaty investors seeking lawful nonimmigrant status in the US. These are ‘Treaty visas’ that are available to citizens of countries that have signed a special trade agreement with the United States. Currently, there are around 80+ countries that have signed the E-2 treaty with the US.

To become eligible to apply for the E-2 visa, you must fulfill the following requirements.

Treaty Country Nationality

Be the citizen of an E-2 Treaty country. An E-2 Treaty country is one that has signed the E-2 treaty with the US. It is important to note that citizenship and not country of origin is the primary criteria to qualify for the E-2 visa. This means you can qualify for the E-2 visa even if you were born in a non-E-2 treaty country as long as you have become the citizen of an E-2 treaty country.

Substantial Investment

For treaty investor status, you must make a substantial and at-risk business investment in a new or existing business in the US. The E-2 visa rules don’t prescribe or provide for any minimum investment requirement.

Generally, an investment of around $100,000 to $150,000 is considered a substantial one. However, this depends primarily on the nature of the business and the comprehensive business plan prepared by the principal applicant.

However, the phrase substantial investment means you cannot expect to qualify by investing in a marginal enterprise.

An at-risk investment is one where there is potential risk of loss of the investment if the enterprise fails. This means funds invested in bonds or bank deposits or other avenues where return of capital is guaranteed won’t qualify.

You must setup a genuine business in the US that is backed by a strong business report highlighting the enterprise’s potential to create jobs and contribute to economic growth in the US.

Such business must have the potential to enable the investor and his or her dependent family members to go beyond minimal income and lead something more than just a basic life in the US.

Source of Funds of Treaty Investor

You must be able to prove that you are using legitimate funds to setup and run the E-2 business. Depending on the source of funds, you will be required to submit documents like bank statements, tax returns, financial statements, appointment letters and salary pay slips, business registration documents, asset purchase and sale deeds, etc. to show the funds have been obtained from legitimate sources.

Business Participation

The E-2 investor must play a key role in the management and operations of the business. This means just making a financial investment won’t suffice. One simple way to fulfill this requirements is to have ownership stake of 50% or more in the business.

The investor can have a foreign business can can use the E-2 visa to expand into the US. Or, it can be a brand new investment enterprise. Merely being a passive investor won’t enough to qualify for the visa.

Apart from the E-2 business investor, one can also qualify for the visa by working as an executive, manager, or essential employee in a bona fide enterprise owned by an E-2 investor. Such an employee must be the national of an E-2 country.

Intent to Depart

TheE-2 visa is a nonimmigrant visa, which means the principal investor must have the intent to depart back to his or her home country after ending or terminating the business. Non immigrant intent is primarily by issuing a statement to the consular officer at the time of consular processing.

The consular officer does not generally consider other points like ties to the foreign country or ownership of residence in the home country etc. to assess nonimmigrant intent under this visa category.

Application Process for the E-2 Investor Visa Common Steps for All E-2 Investors

1. Consult with a good and reputed immigration attorney who is well versed with the immigration laws applicable to the E-2 process. Ideally, the immigration begin the process with an assessment whether the E-2 visa is the right option for you.
2. Prepare a plan containing details like business model, proposed investment capital, present or future capacity of the enterprise, how the proposed investment will be considered substantial, plans for efficient operation, and how the business will have significant economic impact, and how it will earn more than enough income in the US and help you enjoy a lifestyle beyond minimal living.
3. Establish the own business by completing all necessary documentation and formalities for setting up the company or enterprise, opening the bank account, obtaining the Social Security Number, and other procedures necessary for setting up and running a successful operation in the US.
4. Transfer the substantial amount of investment to the business bank account and proceeding to deploy the investment into the enterprise.
   This can be done by spending money for inventory, equipment, recruitment, marketing expenses, etc. This is important because the precise legal requirements of making an at-risk investment may not be fulfilled by just keeping the money idle in an bank or escrow account.
5. File the E-2 visa petition after the business has been setup and the substantial amount of at-risk investment has been deployed.
   The steps ahead depend on whether you are applying from inside the US or are applying in your own country.

Applying from Inside the US

1. If you are in the US on a valid visa, the next step is to apply for Change of Status from your existing visa status to E-2 status by filing Form I-129.
   Change of Status is filed when one has to switch from one nonimmigrant status to another.
   The E-2 status serves as an employment authorization document and gives you the right to work in the US. However, you cannot reenter the US on E-2 status.
2. If you travel abroad, then you have to complete the visa application through consular processing and get the E-2 visa stamped in your passport to reenter the country.

Applying Outside the US

1. If you are located in your home country, then you must file the Form DS-160 visa application along with all the supporting documents in the consulate abroad.
2. Once the petition is approved and the visa is stamped in your passport, you will have nonimmigrant status and can enter, live, and work in your E-2 business in the US.

Last updated: April, 2025

Documents Required for the E-2 Nonimmigrant Visa

• Confirmation of submission of Form DS-160 visa application.
• Copy of valid passport with validity of at least six months beyond your intended period of stay in the USA. .
• Passport-size photograph
• Proof of citizenship of E visas country
• Business plan for the treaty investor business
• Proof of legitimate Source of Funds to be invested in the own business. funds
• Proof of establishment of the investor visa business in the US along with all related documents including statements, registration documents, bank statements, lease agreements, and receipts.
• If acquiring an existing business, then proof of purchase including details of the seller, purchase price, and location of the business.
• Proof that your employees are of the same nationality if you are seeking the E-2 employee visa for them.

Inclusion of Family Members

The benefits of E visas covers visa applicants, their spouse, and unmarried children below the age of 21 years. As per the Foreign Affairs Manual, the E-2 investor visa applicant and the spouse can live, work, and study in the US.

The unmarried children below the age of 21 years can live and study but do not have employment authorization. Such dependents will age out at the age of 21 years and must acquire another visa, including the E-2 visa, to maintain valid and legal status in the US.

Work and Travel Benefits

The E-2 visa investor can work in the qualifying business only .

The spouse can work with any employer as long as he or she has valid employment authorization.

Dependent children are not allowed to work in the US.

After approval of the visa application, the E-2 visa is issued for an initial period of up to five years and is extended indefinitely for a period of up to two years at a time.

The visa status will get renewed as long as the investor continues to fulfill the visa requirements as well as other homeland security rules and other norms applicable to all nonimmigrants and immigrants in the US.

E-2 Visa Costs

The cost of securing an E-2 visa can be divided into two categories.

The cost of setting up and managing the E-2 business, and

The cost of the E-2 process including filing fees, attorney fees, and other charges.

The cost of the business will depend on the nature of the enterprise, the scale of operations, and the financial resources at your disposal. Remember, your visa status in the US is linked to the continued operations of your business. So, it is essential for your business to succeed for you and your family to retain legal status in the US.

If you are applying from inside the US, then the Form I-129 can cost around $510 to $1015 depending on the scale of your business. Further, dependents will have to file Form I-539 with filing fees of $470 per person.

If applying outside the US, Form DS-160 processing fee for the E-2 visa is $315. If your country charges a very high fee for US visas, then you may have to pay a reciprocity fee as well. That depends on your nationality.

Further, you will have to pay the $2,805 premium processing fee if you want an expedited review of your E-2 petition in 15 business days.

Apply for the USA E-2 Visa with Lincoln Global Partners

Lincoln Global Partners, an international investment migration firm is ready to assist you every step of the way with your Investor Visa application in the USA.

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E-2 Visa : Frequently asked Questions

Checkout our FAQ's or reach out to us directly via the contact form at the bottom of the page with further questions.Do all E-2 family members have to be of the same nationality?

No. Only the principal applicant needs to be a citizen of an E-2 treaty country. The spouse and/or children can be citizens of other countries including one that does not have the E-2 treaty with the US.

How to prove that my E-2 business is not a marginal enterprise?

The treaty investor must prove this with a strong plan that details the scope and potential of the business. More than the quantum of investment, what matters is whether the business will enable the treaty investor and his or her family to have a stable and prosperous life in the US.

Is Consular Processing preferable to Change of Status?

Change of Status can help you switch to the E-2 status in the US itself. However, the treaty investor will have to undergo consular processing to get the visa stamped in the passport. This is unavoidable. Only then will the treaty investor be allowed to reenter the US.

How can Premium Processing Reduce E-2 Visa Timelines?

Premium processing allows you to get a faster decision on your visa petition. While paying an extra free does not guarantee approval, it can help reduce processing times and help you plan your E-2 journey without long delays.

Can my spouse or child switch to another visa after entering the US?

Yes. They are free to switch to the F-1, H-1B, L-1, or even the EB-5 visa after they enter the US on the E-2 visa.

Children may do so to maintain legal status after aging out while the spouse can switch to secure independent visa status in the US.

Do I have to work through a US-based immigration lawyer for E visas?

No. There is no such condition or restriction. You must choose an immigration lawyer who has the necessary experience and knowledge to guide you through the process. While an office in the US may be beneficial, this does not mean one cannot work with a law firm with offices all over the world.