An E-2 treaty investor visa lets a citizen of a qualifying treaty country live in the United States and run a business they have invested in. BCA Law Firm is an immigration law firm in Norcross, Georgia, that helps investors in Atlanta and across the country plan the investment, document it and apply, either at a U.S. consulate abroad or with USCIS from inside the U.S. Before you sign a lease or buy a business, it is worth confirming three things: that your nationality qualifies, that your investment is large enough for the business and at risk, and that the business can grow beyond supporting just your family.
Office: 700 Holcomb Bridge Road, Norcross, GA 30071
Phone: 678-292-6111
Hours: Monday to Friday, 9:00 a.m. to 6:00 p.m.
Does your country qualify for the E-2 visa?
The E-2 is only available to nationals of countries that have a treaty of commerce and navigation (or a qualifying agreement) with the United States. The investor, and at least 50% of the business’s ownership, must hold that nationality. The Department of State keeps the official list of treaty countries; check it before you do anything else.
- India and mainland China are not E-2 treaty countries. Brazil, Nigeria and Vietnam are not on the list either. Taiwan has its own E-2 agreement, which does not extend to nationals of the People’s Republic of China.
- Treaty countries include Bangladesh, Pakistan, Sri Lanka, the Philippines, Mexico, Colombia, Japan, the United Kingdom, Canada and Israel, among others.
- Some countries qualify only for the E-1 treaty trader visa, not the E-2. Greece is one example.
- If you became a citizen of a treaty country through a financial investment and have never held E status, federal law requires that you have been domiciled in that country for at least three continuous years at some point before applying for an E visa (8 U.S.C. § 1101(a)(15)(E), as amended in 2022).
- Presidential travel restrictions can suspend visa issuance for nationals of certain countries. Check the current restrictions before you invest.
If you are from India, China or another non-treaty country, the E-2 is not available to you on your own nationality. Other options may fit, such as the L-1 visa for transferring an executive to a new U.S. office of your company, or the EB-5 investor green card. See our business immigration services.
E-2 visa requirements
How much to invest (there is no fixed minimum)
No law or regulation sets a minimum dollar amount for an E-2. Instead, officers apply a proportionality test: the investment must be large relative to the total cost of buying or starting the business, enough to show you are committed to its success, and enough to make it likely the business will succeed. The less a business costs, the higher the share of that cost you are expected to invest.
Funds at risk and committed
Your money must be at risk in the commercial sense: if the business fails, you could lose it. It must also be committed to the business, not just sitting in a bank account. Typical evidence includes a signed lease, equipment, inventory and a purchase agreement. A purchase can be made conditional on the visa being issued if the funds are held in escrow. Loans secured by the business’s own assets do not count toward the investment. You must also document the lawful source of the funds and trace how they reached the business.
A real, operating business that is more than marginal
The business must be a real, active commercial enterprise that produces goods or services for profit. Passive investments, such as holding undeveloped land or a stock portfolio, do not qualify. It also cannot be “marginal,” meaning it cannot just provide a minimal living for you and your family. A new business can qualify if a credible business plan shows it will have the capacity to generate more than that, or to make a significant economic contribution, generally within five years. A realistic plan to hire U.S. workers helps show this.
Ownership or control, and coming to direct the business
The investor must own at least 51% of the business or have operational control through a managerial position or another corporate arrangement, and must be coming to the U.S. to develop and direct the enterprise. Employees of an E-2 business can also qualify for E-2 status if they share the treaty nationality and fill an executive or supervisory role or have skills essential to the business.
Applying at a consulate or with USCIS
There are two ways to get E-2 status:
- E-2 visa at a U.S. embassy or consulate abroad. You submit the application and business documents to the consulate and attend an interview. Each consulate has its own document format and wait times, so check its website. The visa’s validity depends on the reciprocity schedule for your country and can range from a few months to several years.
- Change of status with USCIS. If you are already in the U.S. in another lawful nonimmigrant status, you can file Form I-129 with USCIS to change to E-2. Premium processing is available. A change of status does not give you an E-2 visa stamp: if you travel abroad, you will need to apply for the visa at a consulate before returning.
For more background, see E-2 visa explained and how an E-2 lawyer helps you invest in the U.S.
Your spouse and children
Your spouse and unmarried children under 21 can come with you in E-2 dependent status, even if they do not share your nationality. Children can attend school.
Spouses of E-2 investors and employees are employment authorized incident to their status. They do not need to file for a work permit (EAD), although they may still choose to. Since January 30, 2022, USCIS and CBP have issued spouses a Form I-94 with the code “E-2S,” and an unexpired I-94 showing E-2S status is acceptable proof of work authorization for Form I-9. This applies to spouses, not children. See the USCIS E-2 page for details.
How long the E-2 lasts and how renewals work
- Each admission to the U.S. in E-2 status is generally for up to two years, even if your visa is valid for longer.
- You can ask USCIS to extend your stay in increments of up to two years, and travelers who leave and return generally receive a new two-year admission.
- There is no limit on the number of extensions or renewals, as long as the business still qualifies and you still intend to leave when your E-2 status ends.
- At renewal, officers look at how the business has actually performed: revenue, payroll, tax returns and whether it is still more than marginal. Keep good records from day one.
The E-2 is not a green card: paths to permanent residence
The E-2 is a temporary visa. It does not lead to a green card on its own, and you must intend to leave the U.S. when your status ends. If you later become the beneficiary of a green card petition, that can make an E-2 renewal harder, so plan the timing with an attorney. Common paths onward include:
- EB-5 investor green card. Requires an investment of $1,050,000, or $800,000 in a targeted employment area or infrastructure project, that creates at least 10 full-time jobs. See our EB-5 visa lawyer page.
- EB-1C multinational manager or executive, if your U.S. company has a qualifying related company abroad where you worked for at least one year in the three years before.
- Other employment-based categories, such as EB-2 with a national interest waiver for some business owners. See our employment immigration services.
- Family-based green cards through a U.S. citizen or permanent resident relative. See our family immigration services.
How our E-2 visa attorneys in Atlanta help
We confirm that your nationality and the business’s ownership qualify, review a purchase, franchise or startup plan before you commit funds, document the source and path of your money, prepare the consular application or USCIS petition, and prepare you for the interview. After approval, we handle renewals, E-2 employees, dependents and green card planning.
E-2 visa lawyer FAQ
Do I need an E-2 visa lawyer?
The law does not require one, but most E-2 problems start before the application, when money has already been spent on a business that does not qualify or funds that cannot be traced. An E-2 attorney can review the plan before you commit.
How much do I need to invest for an E-2 visa?
There is no fixed minimum. The amount is measured in proportion to the cost of the business you are buying or starting. A lower-cost business generally requires you to invest a larger share of its total cost.
Can Indian or Chinese citizens get an E-2 visa?
Not on their Indian or mainland Chinese nationality, because neither country is an E-2 treaty country. A person who also holds citizenship of a treaty country may qualify on that nationality, subject to the three-year domicile rule for citizenship obtained by investment.
Do you work with E-2 investors outside Atlanta?
Yes. E-2 is a federal immigration matter, so we can represent investors whose businesses are anywhere in the U.S., and we meet clients online as well as at our Norcross office.
Consultations
A consultation is a 30-minute appointment for $175, at our Norcross office or online. Bring your passport, a description of the business and the investment, and any purchase agreement, lease or business plan you have. See how to prepare for an immigration lawyer consultation.
Book a consultation online or call 678-292-6111.
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
