The E-2 treaty investor visa allows nationals of countries with qualifying treaties with the United States to enter and work in the U.S. based on a substantial investment in a bona fide enterprise. Unlike the EB-5, the E-2 has no minimum statutory investment amount and can be renewed indefinitely.
Who Qualifies
E-2 eligibility depends on nationality. The applicant must be a national of a country with which the U.S. maintains a treaty of commerce and navigation or a bilateral investment treaty. Major treaty countries include the United Kingdom, Germany, France, Japan, South Korea, Canada, Mexico, Australia, and many others. Notably, China, India, and Brazil are not E-2 treaty countries.
Investment Requirements
The investment must be:
- Substantial — sufficient to ensure the successful operation of the enterprise. Generally, the lower the total cost of the business, the higher the percentage that must be invested.
- At risk — the capital must be committed and irrevocable. Uncommitted funds in escrow do not qualify.
- In a real, active enterprise — not a speculative or idle investment. The business must produce goods or services.
- Not marginal — the enterprise must have the capacity to generate significantly more income than just to provide a living for the investor, or it must have a significant economic impact.
Typical Investment Amounts
While there is no statutory minimum, successful E-2 petitions typically involve investments of $100,000 or more. Investments under $50,000 face heightened scrutiny. The key is proportionality — the investment should represent a substantial percentage of the total enterprise value.
Duration and Renewal
E-2 status is granted in increments of up to five years (varies by country) and can be renewed indefinitely as long as the business remains operational and the investor continues to meet the requirements. There is no maximum stay limit.
E-2 Limitations
- Does not directly lead to a green card (no dual intent)
- Tied to a specific business — changing businesses requires a new application
- Children age out at 21 and must find independent status
- Dependent spouses can work (with EAD) but children cannot