The E-2 visa is for a foreign citizen of an “investor treaty” country who comes to the U.S. to manage the operations of an enterprise in which the investor has invested a “substantial amount” of capital. Key employees of the business may also obtain this visa.

There is no set amount in the Regulations that qualifies as substantial. A minimum investment of at least $100,000 is usually required.

To qualify for an E-2 visa, an applicant:

  • Must be a citizen of the country that has an investor treaty with the U.S.
  • Must be serving the company in a capacity that is managerial or executive in nature or involves skills essential to the operation of the business (key employee); or is a 50% owner of the company
  • Personally invest or the company has invested substantial amount that is “at risk” (subject to potential loss if the business does not succeed) in a bona fide enterprise in the U.S.
  • Must invest in a US company that will participate in active trade or provide services
  • Intend to depart out of the U.S. at the conclusion of business-related duties in the U.S.

An advantage of the E-2 visa over work visas like H-1B is that no specific educational background is required. An E-2 visa holder may also travel in and out of the U.S. or remain in the U.S. continuously until the E-2 visa expires. The E-2 visa may be valid up to 5 years, with the opportunity for a 2-year extension. The E-2 visa may be extended indefinitely.

The E-2 investor trader visa is only provided to people from countries with which the U.S. has a treaty. The Department of State maintains a complete list of those countries. See

It is important to note that you do not need to be currently living in the treaty country in order to qualify for an E-2. You simply need to be a national from that country. Additionally, any workers or family members that you bring through your E-2 status do not need to be from your treaty country.

Advantages of E-2 Treaty Investor Visa

There are a number of privileges that an investor can enjoy on E-2 visa including:

  • Ability to travel freely in/out of the United States
  • Work legally in the U.S. with the company
  • Remain in the U.S. for a prolonged time based on extensions
  • Have workers accompany you under your E-2 status
  • Have dependents accompany you while working in the U.S.
    • Dependents are able to attend school in the U.S., as well as colleges and universities without need for an F-1 visa
    • Spouse and dependents can also apply for EADs (employment authorization documents) to obtain permission to work in the U.S.

Contact Donald Gross Law for a free 30-minute consultation to start the application process for your E-2 investor visa.