Invest in and run your own US business
The E-2 Treaty Investor visa lets nationals of countries that have a qualifying treaty with the United States live in the US while they develop and direct a business they have invested in. It is one of the most flexible options for entrepreneurs, franchise buyers and small business owners.
There is no fixed minimum investment, the visa can be renewed for as long as the business continues to qualify, and your spouse and unmarried children under 21 can join you.
Who qualifies?
- Treaty nationality. You must be a citizen of an E-2 treaty country, and the business must be at least 50% owned by nationals of that country.
- A real, operating business. The investment must be in an active commercial enterprise, not passive investments such as undeveloped land or stocks.
- A substantial investment. The amount must be substantial in relation to the cost of buying or starting the business. There is no set minimum, but it must be enough to make the business likely to succeed.
- Funds at risk. Your funds must be committed and spent on the business, subject to loss if it fails.
- Not a marginal business. The business must have the capacity to generate more than a minimal living for you and your family, or make a significant economic contribution, such as creating jobs.
- Develop and direct. You must control the business through ownership or a managerial role.
- Intent to depart. You must intend to leave the US when your E-2 status ends. E-2 is a nonimmigrant visa.
The US State Department publishes the current list of E-2 treaty countries. Contact us to confirm whether your country qualifies.
Common E-2 investments
- Buying a franchise
- Purchasing an existing US business
- Starting a new company, such as a restaurant, consulting firm, technology startup or service business
- Expanding a foreign company into the US
The E-2 process
- Eligibility review. We confirm your nationality, ownership and investment plan qualify.
- Business setup and investment. You form the US company and commit the investment funds, with documentation of every transfer.
- Business plan. A detailed, realistic plan showing how the business will operate, grow and hire.
- Application. Most investors apply at a US embassy or consulate in their home country. Some already in the US may change status through USCIS.
- Interview and approval. We prepare you for your consular interview.
- Renewals. E-2 visas are typically issued for up to several years, depending on your country, and can be renewed as long as the business continues to qualify.
Benefits for your family
Your spouse can work in the United States in any job while in E-2 status, and your children under 21 can attend US schools.
E-2 vs. EB-5
E-2 usually requires a smaller investment and can be processed faster, but it does not lead directly to a green card and you must stay actively involved in the business. EB-5 requires a larger investment but provides permanent residence. Some clients start with E-2 and later pursue a green card through another route.
Frequently asked questions
How much should I invest? It depends on the business. A lower-cost service business may require less than a capital-intensive one. We review your budget and business plan to judge whether the investment is likely to be considered substantial.
My country is not on the treaty list. What are my options? Some investors qualify through a second citizenship from a treaty country, though additional rules may apply. Others may be better suited to EB-5, L-1 or another category. We can review your options.
Can I work for another company on an E-2 visa? No. As the investor, you may work only for the E-2 business.
Talk to an E-2 attorney
The right business structure and investment plan make the difference in an E-2 case. Book a consultation before you sign a lease or purchase agreement.
This page is general information, not legal advice. Requirements and visa validity vary by country; confirm with an attorney.