E-2Timeline: 2-4 months for consular processing

Treaty Investor Visa

The E-2 Treaty Investor visa allows nationals of treaty countries to live and work in the United States based on a substantial investment in a U.S. business. There is no minimum dollar amount, but the investment must be enough to ensure the business is operational and not marginal. The E-2 is popular with entrepreneurs who want to start or acquire a business in the U.S. and can be renewed indefinitely.

How we approach the E-2

We evaluate your career history and accomplishments with you to create a unique narrative that captures your achievements, and document them in a way that the government can understand.

Requirements & Criteria
(in plain english)

We're looking for 3 or more of the following accomplishments. Most people don't know what counts and assume the bar is higher than it really is. A consultation can help you understand which criteria you meet, or could meet with some work:

01You are a national of a country with an E-2 treaty with the United States
02You have invested or are in the process of investing a substantial amount of capital
03The investment is in a bona fide, operational enterprise (not a paper company)
04The business is not marginal (it must generate income beyond supporting your family)
05You will develop and direct the business (typically at least 50% ownership)
06You intend to depart the U.S. when your E-2 status terminates
07Funds are from a legitimate source and are irrevocably committed to the business
08The enterprise creates jobs or has the capacity to generate significant economic impact

E-2 Visa Overview

2 years per admission, unlimited renewals
No annual cap or lottery
Spouse receives work authorization
Available to nationals of 80+ treaty countries
Processing Time
2-4 months for consular processing
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Frequently Asked Questions

Common questions

What counts as a "substantial" investment?
There is no fixed dollar amount. Substantiality is measured relative to the total cost of the business. An investment of $100,000 into a $120,000 business is substantial. An investment of $100,000 into a $5 million business likely is not. Most successful E-2 petitions involve investments of $80,000 or more.
Which countries have E-2 treaties with the U.S.?
Over 80 countries have E-2 treaties, including the UK, Canada, France, Germany, Japan, South Korea, Australia, and many others. Notable exclusions include India, China, and Brazil. Check the Department of State treaty list for the full and current list.
Can my spouse work on an E-2?
Yes. E-2 dependent spouses are eligible for an Employment Authorization Document (EAD) and can work for any U.S. employer in any occupation, not limited to the treaty enterprise.
Can the E-2 lead to a green card?
The E-2 does not directly lead to a green card, as it is a non-dual-intent visa. However, E-2 holders often transition to other visa categories (such as EB-5 or EB-1C) or obtain employer sponsorship through other means to pursue permanent residence.
Can I buy an existing business for an E-2?
Yes. You can either start a new business or acquire an existing one. Purchasing an existing business, franchise, or going concern is a common and effective E-2 strategy, as it demonstrates an immediate operational enterprise.

Ready to begin?

Tell us about your situation and we'll map out the best path forward. Most consultations happen within 48 hours.

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