E-2 Treaty Investor Visa
United States USA
The US E-2 Treaty Investor Visa is a non-immigrant investment route for nationals of roughly 80 countries holding a qualifying commerce treaty with the US—notably excluding Indian and Chinese nationals (a Grenada CBI is a common workaround).
The defining requirement is a substantial investment, typically $100,000+ and proportional to total business cost, in a real, active, for-profit enterprise the investor owns at least 50% of and actively directs; passive real estate or portfolio holdings do not qualify. There is no formal minimum. Application costs about $315, with realistic first-year outlays of $20,000–45,000 excluding the business investment.
Processing is around three months, but consulate waits range 8–40 weeks. Spouse and unmarried children under 21 are included, and the spouse may work. It is renewable indefinitely but does NOT lead to a green card or citizenship. Extended absences can jeopardize status, and children lose status at 21. Holders who meet the Substantial Presence Test become US tax residents on worldwide income, with FATCA reporting.
Program Details
- Category
- Investment
- Processing Time
- 3 months
- Application Fee
- $315
- Minimum Income
- —
- 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
Am I eligible for E-2 Treaty Investor Visa?
Quick self-check based on the published criteria. Not legal advice. No data leaves your browser.
Nationality eligibility
Select your nationality to check.
Minimum investment / capital
Programme requires $100,000.
Fill in the fields above to see a verdict.
This is a heuristic, not a determination. Final eligibility depends on full documentation and immigration-officer discretion.
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
Application Process — Step by Step
- 01
Verify treaty country eligibility
home countryE-2 requires applicant to be a national of a country with a US treaty of commerce/navigation (~80 countries). Not India or China. Grenada CBI is the only Caribbean CBI granting E-2 eligibility.
Typical duration: 1 weeksource ↗
- 02
Make substantial investment in US business
destinationNo statutory minimum but typically $100,000+ required. Investment must be "at risk", active (not passive real estate), and create jobs for Americans beyond the applicant.
Typical duration: 4-16 weeks
- 03
File E-2 application at US consulate or via I-129
home countryConsular processing at US embassy abroad OR change of status within US via I-129. Business plan, 5-year projections, investor CV, source of funds.
Typical duration: 2-5 months
- 04
Receive E-2 visa + enter US
destinationInitial period up to 5 years (some treaty countries longer/shorter). Indefinitely renewable as long as investment + business continue.
Typical duration: 1-2 weeks after issuance
Documents Required
| Document | Issued By | Apostille | Translate to | Validity (days) |
|---|---|---|---|---|
| Valid passport from treaty country | Home country | No | — | 180 |
| Source of funds + investment proof | Bank/legal | Yes | en | 90 |
| Business plan with 5-year projections | Applicant/business plan writer | No | — | 90 |
| Incorporation + business registration proof | US state authority | No | — | 30 |
Realistic Costs
Some figures below are industry estimates rather than officially verified: lawyer_fee_low, lawyer_fee_high, translations, apostilles, health_insurance_first_year, relocation_misc, total_first_year_low, total_first_year_high, total_5_year_low, total_5_year_high.
Excludes the business investment itself. Business plan + immigration lawyer typically essential.
Realistic Timeline
- Consulate wait8–40 weeks
- Decision → arrival2 weeks
- Total to residence card10–42 weeks
E-2 consulate waits vary wildly: some UK/Canadian consulates 3-6 weeks, some emerging markets 6-12 months.
Renewal
- First renewal after
- 60 months
- Subsequent cycle
- 60 months
- Renewal fee
- $460
- Requirements
- Continued substantial investment + active business + non-marginal operations.
Path to Permanent Residency — Details
- Years required
- 0
- Integration test
- Not required
Path to Citizenship — Details
- Years required
- 0
- Language test
- No
- Civic test
- Not required
- Oath
- Not required
- Dual citizenship
- Allowed
Tax Residency
- Trigger
- 183 days/year of presence
- Taxation scope
- Worldwide income
- Exit-tax country
- No
Health Insurance
- Mandatory
- No
- No co-pay required
- No
Examples: Aetna, Blue Cross, Cigna, UnitedHealthcare
Banking Setup
Some details in this section are industry estimates or general guidance rather than officially verified — confirm against the official source before relying on them.
- Open account before arrival
- Not typically possible before arrival
Bridge fintechs
Local banks accepting applicants
Chase, Bank of America, HSBC US
Family Specifics
- Spouse work rights
- Spouse receives automatic work authorization (EAD not required as of Nov 2021)
- Child school enrolment
- Full access to US public schools
- Parent inclusion
- Not eligible
- Sibling inclusion
- Not eligible
Gotchas — Things to Watch For
- ⚠E-2 does NOT lead to green card — indefinite renewable but non-immigrant status
- ⚠Not available to Indian or Chinese nationals (no treaty). Grenada CBI is a workaround for E-2 access.
- ⚠"Marginality" rule: business must be more than sole income source for investor family
- ⚠E-2 spouse can work (2022 automatic extension); children lose status at 21
- ⚠US tax residency kicks in via substantial presence — worldwide income + FATCA
What This Visa Does NOT Allow
- ×Passive real estate or portfolio investment
- ×Employment with employers other than the E-2 business
- ×Direct path to permanent residency
Before You Arrive — Checklist
- Confirm treaty eligibility
- Identify + purchase or establish US business
- Retain immigration counsel + business plan writer
After You Arrive — Checklist
- Operate business + employ US workers
- File annual tax returns
- Track E-2 "marginality" — business must grow beyond sustaining only the investor family
Conversion Paths
Can lead to
Common Rejection Reasons
- •Investment deemed non-substantial or passive
- •Business plan lacking genuine operations
- •Source of funds not clearly traced
- •Applicant nationality not eligible (no treaty)
Recent Legislative Changes
2022-03-15
EB-5 reform indirectly affected E-2: Grenada CBI route to E-2 remained, and some E-2-to-EB-5 upgrade paths clarified.source ↗
Last known legislative update for this programme: 2022-11-01.
Frequently Asked Questions
Can Indian or Chinese nationals get E-2?+
Not directly — no bilateral treaty. Common workaround: Grenada CBI (~$150k donation) grants Grenadian citizenship, which is E-2 treaty eligible. Turkey CBI also works for E-2. Total cost comparable to or less than EB-5.
Does E-2 lead to a green card?+
No. E-2 is non-immigrant, indefinitely renewable. Common upgrade paths: EB-5 (invest additional capital to $800k+), EB-1 extraordinary ability, EB-2 employment-based if applicant qualifies. Many E-2 holders remain in E-2 for decades.
Good Fit For
Applying from a specific country? Your home-country tax rules, banking access, and dual-citizenship options affect every programme differently. Browse nationality guides → for tax obligations, renunciation rules, and second-passport routes.
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Sources & last verified
- Official source
- Last verified
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