US Visa
E-2 Treaty Investor Visa
Invest in and operate a US business if your country has a commerce treaty with the United States.
What is it?
The E-2 Treaty Investor visa allows nationals of countries that maintain a commerce and navigation treaty with the United States to enter and work in the US based on a substantial investment in a US business. The investor must own at least 50% of the enterprise or have operational control. E-2 is renewable indefinitely in 2–5 year increments as long as the business is active.
Who needs it?
Nationals of E-2 treaty countries who have invested or are actively investing a substantial amount of capital in a bona fide US enterprise and are directing and developing that enterprise. Common nationalities include UK, Germany, Japan, South Korea, Italy, and many others. Indian and Chinese nationals cannot currently obtain E-2 (no treaty).
Required Documents
- DS-160 visa application form
- Evidence of treaty country nationality (passport)
- Evidence of investment: bank wire transfers, invoices, contracts, lease agreements, purchase documents
- Business plan with financial projections (5 years)
- Evidence the investment is 'at risk': active business operations, inventory, equipment
- Proof of ownership: articles of incorporation, operating agreement
- Evidence the investment is substantial relative to the total cost of the business
- Evidence the business is more than 'marginal' — must support more than just the investor and family
Common Mistakes to Avoid
- Investment amount too low — 'substantial' is judged proportionally; a $50K franchise may qualify, a $50K restaurant may not
- Funds not 'at risk' — money in a bank account without being actively committed to the business doesn't qualify
- Business is 'marginal' — it must have the capacity to generate income beyond supporting just the owner
- Investor does not own at least 50% of the enterprise
- Applying from a non-treaty country — check the treaty country list before applying
Approval Tips
- Franchises are popular E-2 investments — the established model helps demonstrate non-marginality
- A detailed, professionally prepared business plan significantly strengthens the application
- Document every dollar invested with paper trails (wire transfers, receipts)
- E-2 spouses automatically receive E-2 dependent status and can apply for an EAD to work
- Consult an immigration attorney familiar with E-2 — the substantiality test is nuanced