United States E2 Visa

The E-2 visa is reserved for nationals of treaty countries, meaning countries that maintain a treaty of commerce and navigation with the United States. The principal investor's family can obtain derivative E-2 visas, and the visa can also be extended to the investor's employees if they meet certain requirements.

The list of treaty countries is published on the U.S. Department of State's Treaty Country page.

Yes, you can apply for the E-2 treaty investor visa if you were born in a non-treaty country and now a citizen of a treaty country.

The benefits include the ability to work legally in the U.S. for your own invested company, to travel freely in and out of the U.S. on a valid visa, and to access unlimited extensions as long as a valid E-2 investment is maintained. You can bring your dependents, meaning a spouse and unmarried children under 21, to live with you; your spouse can seek work with any employer by applying for an employment authorization document; and your minor children can attend U.S. public schools tuition-free. Unlike the H-1B visa, the E-2 requires no specific educational background, only that you have invested in an enterprise and will manage and control it. Approvals tend to be fast compared with other visas and are not subject to annual caps or quotas.

Yes. You must document every source of the funds, and the total amount used to fund the enterprise needs supporting evidence such as bank statements, loan documents, and employment records.

Owning assets helps show that you have the required funds, and loans secured against your personal assets are also a legitimate source of funds.

The investment must be substantial, must be in a real and operating business rather than a paper company or idle speculation, and may not be marginal. You must also control the funds used to purchase or operate the business and bear the risk of the investment.

The investment must be enough to ensure the successful operation of the enterprise, proportional to the total value of the particular business, and an amount normally considered necessary to establish a viable enterprise of that type. The business location and the nature of the investment are all considered in deciding whether it is substantial.

The regulations set no minimum amount. An amount in the range of USD 250,000 would typically suffice depending on the nature of the business, and in some exceptional cases a lower amount may be accepted.

You can do either, keeping in mind that if you have partners you must own at least 50 percent of the business.

This relates to the marginality requirement, since the enterprise should not exist solely to make a living for you and your family. Hiring local employees shows the business has an impact on the local economy and is not marginal. Many new E-2 companies have no employees at the time of application, in which case the business plan must detail the number of employees needed and a hiring timetable.

Yes. The same requirements apply to a franchise, whether new or existing. Franchises tend to be acceptable because they typically have their own minimum standards that exceed the E-2 business requirements.

Yes. Joint ventures with a professional business partner who can help the business succeed are generally acceptable investments for E-2 purposes.

Yes. You do not need to own 100 percent of the business and may have partners and shareholders, as long as you own at least 50 percent of the enterprise and are one of the controlling and managing parties.

Relevant business experience is always helpful, but a strong business plan that clearly outlines your operations, marketing, and finances and shows precise planning can help overcome a lack of experience.

Your spouse and unmarried children under 21 are eligible for derivative E-2 visas.

No. They can apply even after you are approved. Interviews can be held together, or separately if they wish to follow you later.

Yes. The spouse can separately apply for and receive an Employment Authorization Document (EAD) and may work for the E-2 business or any other company. Other dependents are not eligible to work.

Yes. The spouse and children do not need the same citizenship as the principal applicant, and dependents of E-visa holders can hold derivative E-2 visas to accompany the principal applicant to the United States.

They can no longer stay under your E-2 status but can change status on their own. E-2 children typically change to F-1 status to attend college.

If you are a national of a treaty country living outside the U.S., you apply through the embassy or consulate closest to where you live.

The process generally involves confirming the business investment arrangements, applying for an interview, paying administrative fees, having fingerprints taken, attending an interview with a consular officer, and having your case adjudicated, which can take varying lengths of time depending on complexity.

Times and procedures vary widely between embassies and consulates, ranging from as little as a week to several months depending on whether additional information is needed. Because each post differs, country-specific information should be considered in advance.

A one-year visa is typically granted initially to those entering in the E category, and this can be extended for periods of up to five years indefinitely, as long as the underlying investment exists and the enterprise remains operational.

No. You may extend as many times as you wish. Each extension is reviewed and adjudicated anew, so it is important to maintain your status and ensure the business continues to meet all E-2 requirements.

You must show that you have maintained the terms and conditions of your E-2 status and that you were physically present in the United States when filing the extension application.