E‑2
Treaty Investor Visa
U.S. Immigration Pathway for Entrepreneurs & Investors
More than 80 countries hold E-2 treaty status with the United States — if you are a national of a treaty country looking to invest in and actively manage a U.S. business, you may qualify for E-2 status regardless of where in the world you are currently based.
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The E‑2 visa is ideal for investors who want to start, purchase, or expand a U.S. business. Applicants must make a substantial, at‑risk investment in a bona fide enterprise and actively direct and develop the business.
There is no fixed minimum investment amount. Instead, adjudicators evaluate whether the investment is sufficient to make the business viable and capable of generating more than marginal income.
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To qualify, applicants must:
Be a national of a treaty country
Make a substantial, at‑risk investment in a U.S. business
Actively direct and develop the enterprise
Own at least 50% of the business or hold operational control
Show the business is real and operating, not marginal
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Franchises (restaurants, retail, service brands)
Startups and new ventures
Professional service firms
Manufacturing, distribution, or logistics companies
Hospitality, tourism, and real estate operations
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There is no fixed minimum, but the investment must be:
Sufficient to make the business viable
At risk (not passive or speculative)
Proportional to the type of business
Committed — not just planned
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Initial validity varies by country
Renewals available indefinitely
Spouses may obtain work authorization
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Business plans
Financial records
Proof of investment
Lease agreements
Organizational charts
Payroll records
Frequently Asked Questions (FAQ)
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The E‑1 visa is for individuals or companies engaged in substantial international trade with the United States. The E‑2 visa is for investors who make a substantial, at‑risk investment in a U.S. business and actively direct the enterprise.
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There is no fixed minimum investment. Instead, the investment must be substantial enough to make the business viable, operational, and capable of generating more than marginal income.
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Yes. Executives, managers, and essential employees who share the same nationality as the principal applicant or enterprise may qualify for E‑1 or E‑2 status.
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Yes — purchasing an existing business or franchise qualifies.
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If you are already lawfully present in the United States on a valid nonimmigrant visa, you may apply to change your status to E-2 without leaving the country. This is filed with USCIS as a change of status petition. However, if you travel outside the U.S. after your status is changed, you will need to apply for an E-2 visa stamp at a U.S. consulate abroad before re-entering. We recommend discussing your specific situation with an immigration attorney before filing.
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E‑visas do not directly lead to permanent residency, but many investors later transition to EB‑5, EB‑2 NIW, or L‑1A pathways.
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Yes. Spouses of E‑2 visa holders are eligible for U.S. work authorization. Children under 21 may accompany the principal applicant but cannot work.
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E‑visas can be renewed indefinitely as long as the trade or investment activity continues to meet visa requirements, making them strong options for long‑term business immigration.
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Nationals of treaty countries are eligible. The official list is available on the U.S. Department of State website.
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It depends on where you are when you apply. If you are outside the United States, you apply directly at a U.S. embassy or consulate in your home country — no USCIS filing is required. If you are already in the U.S. on a valid nonimmigrant status, you may file a change of status petition with USCIS. Most first-time E-2 applicants apply through a U.S. consulate, as the E-2 is primarily a consular visa category.
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The E-2 visa is tied to the active operation of a qualifying investment. If your business fails, closes, or no longer meets the E-2 requirements — including the requirement to generate more than marginal income — you may lose your eligibility to maintain or renew your E-2 status. It is important to notify an immigration attorney promptly if your business circumstances change significantly, so you can assess your options before your status is affected.
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Yes. As long as your E-2 visa stamp remains valid and your underlying investment activity continues to meet visa requirements, you may travel internationally and re-enter the United States. If your visa stamp expires while you are abroad, you will need to apply for a new E-2 visa at a U.S. consulate before returning. Your I-94 admission record governs the length of each authorised stay, not the visa stamp itself.
Considering other U.S. visa options?
Our firm supports professionals, founders, executives, artists, and specialized talent across multiple visa categories. Explore the full range of pathways available and compare which option best aligns with your goals, background, and long‑term plans in the United States.
Your E-2 Treaty Investor Attorney
Lauren Lantz | U.S. Immigration Attorney
— 20 years of U.S. immigration experience
— Former Senior Associate, where she spent 13 years at the world’s largest immigration law firm
— Licensed in Georgia since 2007
— American Immigration Lawyers Association (AILA) Member
— Co-author, "Theft, Drugs, Deception: Oh My!" — AILA VOICE cover story, 2011
— Practice experience in London, Sydney, and Washington D.C.
— Representing clients in the UK, Europe, Australia, and worldwide
— All consultations fully remote.
Lauren has handled E-2 matters across a wide range of countries, industries, and investment structures. Here is a snapshot of that experience.
Lauren has successfully represented E-2 investors from Germany, Austria, Switzerland, the United Kingdom, and Australia — processed through consular posts in Frankfurt, Vienna, Bern, Zurich, London, Sydney and beyond. Her clients have included first-time investors acquiring U.S. businesses, entrepreneurs launching new ventures, and founders relocating established operations to the United States. E-2 matters have spanned sectors including hospitality, retail, technology, healthcare, manufacturing, and professional services.
Investing in a U.S. Business?
Let’s Build Your E-2 Strategy
Whether you’re launching a new venture or purchasing an existing enterprise, the E‑2 Treaty Investor Visa offers flexible, renewable options for entrepreneurs.
Allow us to provide tailored guidance on your investment and visa pathway.
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