E-2 treaty investor visas
For nationals of treaty countries who invest a substantial amount in a U.S. business and come to develop and direct it.
Overview
The E-2 treaty investor visa lets a citizen of a treaty country live in the U.S. to develop and direct a business in which they have invested a substantial amount of money. Key employees of the same nationality may also qualify.
E-2 is a temporary visa, but it can be renewed as long as the business keeps qualifying. Your spouse may work in the U.S., and your unmarried children under 21 may attend school.
Only citizens of treaty countries qualify. Taiwan is a treaty country. Mainland China is not. A person with a second citizenship from a treaty country may apply through that country, but a special three-year domicile rule applies if the citizenship was obtained by investment.
Key requirements
- Treaty nationality: you must be a citizen of a country on the State Department’s E-2 treaty list, and at least 50% of the business must be owned by people of that nationality. U.S. green card holders do not count toward the 50%.
- Control: you must own at least 50% of the business or have operational control (for example, through a management position) so you can develop and direct it.
- Substantial investment: there is no fixed minimum. Consular officers use a proportionality test, which works like an inverted sliding scale: the cheaper the business, the higher the percentage of the cost you must invest.
- At risk and committed: the funds must be irrevocably committed and at risk of loss. Loans secured by the business’s own assets do not count. Funds held in escrow until the visa is issued may be acceptable.
- Real, operating business: the business must be an active commercial enterprise, not passive investments like undeveloped land or stocks.
- Not marginal: the business must have the present or future ability to earn more than a minimal living for you and your family, or to make a significant economic impact.
- Lawful source of funds: you must show the money came from lawful sources.
- Citizenship by investment: if you got your treaty-country citizenship through a financial investment program, you generally must have been domiciled in that country for at least three continuous years before applying.
At a glance
What it is
- A renewable nonimmigrant visa tied to an active U.S. business
- Spouses may work; children may study
- Requires nationality of a country with a qualifying treaty
Who it fits
- Business owners buying or starting a U.S. company
- Investors whose country has an E-2 treaty with the U.S.
- Employees of E-2 companies in executive or essential roles
How we help
- Treaty-country and investment review
- Business plan and investment documentation
- Consular or USCIS filings and renewals
- Check treaty nationality and the citizenship-by-investment domicile rule before you invest
- Prepare business plans and investment records for the consular interview
How the process works
Confirm treaty eligibility
Check your nationality, and any second citizenship, against the treaty list and the domicile rule.
Form the company and invest
Set up the U.S. company, sign leases and contracts, and put the funds at risk (or into a proper escrow).
Timing: Often 1–3 months
Prepare the application package
Build a business plan, ownership records, proof of investment and source of funds.
Apply at a U.S. consulate
Complete the online DS-160. E-2 executives, managers and essential employees also file the DS-156E. The State Department generally requires you to apply in your country of nationality or residence. Taiwan nationals usually apply at the American Institute in Taiwan.
Form: DS-160; DS-156E (managers/essential employees)Timing: Varies by post
Attend the interview
E visa applicants now generally need an in-person interview.
Enter the U.S. and maintain status
E-2 visitors are usually admitted for up to two years at a time. If you are already in the U.S., a change of status may be requested from USCIS instead.
Form: I-129 (change or extension of status in the U.S.)Timing: Admission up to 2 years; extensions in up to 2-year increments
Documents to gather
- Passport showing treaty-country nationality (and all other passports)
- Company formation documents and ownership records (stock certificates or operating agreement)
- Proof of investment: bank statements, wires, receipts, lease, equipment purchases
- Source-of-funds records (salary, business income, sale of property, gifts)
- A detailed business plan with five-year projections and hiring plans
- Business lease or purchase agreement
- For an existing business purchase: purchase agreement, prior tax returns and valuation
- Resume showing your ability to develop and direct the business
- Marriage and birth certificates for your spouse and children
Common problems to avoid
- Applying with a mainland Chinese passport, which does not qualify for E-2.
- Keeping most of the money in a bank account instead of spending or committing it to the business.
- Investing too little relative to the cost of the business, or in a business that only supports your own family.
- Borrowing money secured by the business’s assets and counting it as your investment.
- Owning exactly 50% with a partner of another nationality without setting up clear control.
- Assuming E-2 status leads to a green card on its own.
What has changed lately
Starting September 2, 2025, and as updated effective October 1, 2025, interview waivers were narrowed. E visa applicants generally must attend an in-person consular interview, including for renewals.
Nonimmigrant visa applicants, including E-2 applicants, generally must apply at a U.S. embassy or consulate in their country of nationality or residence. Applying in a third country may lead to long waits and fees are not refunded.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
How much do I need to invest for an E-2 visa?
There is no legal minimum. The investment must be substantial compared to the total cost of buying or starting the business. Smaller businesses usually require a higher percentage of the total cost to be invested.
Can my spouse work?
Yes. The spouse of an E-2 investor is authorized to work incident to status. The I-94 record is annotated “E-2S” and can be used as proof of work authorization, so a separate work permit is not required.
I am from Taiwan. Do I qualify?
Taiwan (listed as “China (Taiwan)”) is an E-2 treaty country. If you hold a Taiwan passport and meet the other requirements, you may apply, usually through the American Institute in Taiwan.
I have a mainland Chinese passport and a second citizenship. Can I apply?
You may be able to apply through the treaty country. If the second citizenship was obtained through an investment program, federal law generally requires three continuous years of domicile in that country before you apply.
Can I buy an existing business?
Yes. Buying an existing business is common. You must show the purchase price is substantial, the funds are yours and at risk, and the business is not marginal.
How long can I stay?
Each admission is usually for up to two years, and you can seek extensions. The visa can be renewed as long as the business continues to qualify and you intend to leave when your status ends.
- 9 FAM 402.9 – Treaty Traders, Investors and Specialty Occupations
- U.S. Department of State – Treaty Trader and Investor Visas
- U.S. Department of State – Treaty Countries
- 8 CFR 214.2(e) – Treaty traders and investors
- USCIS – E-2 Treaty Investors
- USCIS Policy Manual, Vol. 10, Part B, Ch. 2 – Employment Authorization for E and L Spouses
- State Department – Interview Waiver Update (Sept. 18, 2025)
- State Department – Adjudicating NIV Applicants in Their Country of Residence
- James M. Inhofe NDAA for FY2023 (Pub. L. 117-263), E visa domicile rule
Information current as of September 2026. General information only, not legal advice.
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General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.