E-2 Treaty Investor Visa
United States USA
The E-2 Treaty Investor Visa allows nationals of treaty countries to enter and work in the United States based on a substantial investment in a bona fide US business. Unlike the EB-5, this is a non-immigrant visa with no direct path to permanent residency, but it can be renewed indefinitely in two- to five-year increments as long as the business remains operational. The investor must direct and develop the enterprise and own at least 50% of the business.
Program Details
- Category
- Investment
- Processing Time
- 3 months
- Application Fee
- $315
- Minimum Income
- N/A
- Minimum Investment
- $100,000
- Family Included
- Spouse and unmarried children under 21 included; spouse may apply for work authorization
- Path to PR
- No
- Path to Citizenship
- No
- Physical Presence
- Must maintain active direction and development of the enterprise; extended absences may jeopardize status
- Dual Citizenship
- Allowed
- Tax Impact
- E-2 holders who meet the Substantial Presence Test become US tax residents subject to worldwide income reporting
No formal minimum, but investment must be 'substantial' relative to the business; typically $100,000+ is considered sufficient
Key Requirements
- ✓Nationality of a country with a US bilateral investment or commerce treaty
- ✓Substantial investment (typically $100,000+) proportional to total business cost
- ✓Investment must be in a real, active, for-profit enterprise — not a passive or marginal operation
- ✓Investor must own at least 50% of the business or hold a controlling interest
- ✓Business must generate more income than merely supporting the investor and family
- ✓Investor must direct and develop the enterprise
Nationality Restrictions
This program restricts applications from nationals of: Only nationals of countries with a qualifying bilateral commerce treaty with the US are eligible; approximately 80 treaty countries