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E-2 Treaty Investor Visa
What Is the E-2 Treaty Investor Visa?
The E-2 Treaty Investor visa is a nonimmigrant classification for nationals of countries with which the United States maintains a qualifying treaty of commerce and navigation. It enables entrepreneurs to invest a substantial amount of capital in a U.S. business, manage their investment, and reside in the U.S. to direct the operations of their enterprise.
E-2 Visa Requirements
- Treaty Nationality: You and your enterprise must be owned at least 50% by nationals of a qualifying treaty country.
- Substantial Investment: Capital investment must be substantial in relation to the total cost of either purchasing or creating the enterprise.
- At-Risk Capital: Funds must be committed and subject to loss if business fails.
- Real Operating Enterprise: The business must be a bona fide, active commercial or entrepreneurial undertaking.
- Investor’s Role: You must be coming to the U.S. to develop and direct the enterprise; executives, managers, or major decision-makers qualify.
- Non-Marginal Enterprise: The business must generate more income than just to provide a living to you and your family.
E-2 Visa Required Documents
- Valid passport from your treaty country
- Evidence of treaty-country nationality
- Proof of substantial investment (bank statements, wire transfers, asset purchase agreements)
- E-2 Visa business plan and financial projections
- Corporate documents (articles of incorporation, partnership agreements)
- Form DS-160 and DS-156E confirmation pages (for consular applicants)
- Form I-129 receipt notice (for in-U.S. change/extension applicants)
E-2 Visa Application Process
Step 1: Confirm Treaty Eligibility
Ensure you and your enterprise are nationals of an eligible treaty country.
Step 2: Meet Investment Criteria
Demonstrate a substantial, at-risk investment in a bona fide, active U.S. business.
Step 3: Choose Filing Path
– Inside the U.S.: File Form I-129 to request change or extension of status.
– Abroad: Complete Form DS-160 and Form DS-156E online, then pay the visa application fee.
Step 4: Consular Interview & Approval
Attend your embassy or consulate interview with supporting documents; upon approval, receive your visa stamp and enter the U.S.
Step 5: Maintain & Renew Status
Keep your investment active and enterprise operational. For seamless e-2 visa renewal, file extensions or renew your visa every two years, with unlimited renewals available.
Questions? You’re covered.
Yes. Spouses and unmarried children under 21 are eligible for dependent E-2 visas.
Spouses may apply for employment authorization and work for any U.S. employer.
Admission is granted in two-year increments, with unlimited renewals.
An amount sufficient to start and run a profitable business, considering the industry and overall cost of the enterprise.
File for renewal or change of status up to six months before your current authorization expires to avoid gaps.
Why Partner with Onal Gallant?
At Onal Gallant, our team combines deep investment-visa expertise with personalized support. From eligibility assessment and investment structuring to document preparation and consular interview coaching, we streamline every step of your E-2 application and help secure your visa quickly and efficiently.
This information is for general guidance and does not constitute legal advice. For personalized assistance, please consult with an immigration attorney.
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