E-2

Treaty Investor
Work Visa

The E-2 Treaty Investor visa allows nationals of treaty countries to live and work in the United States by investing a substantial amount of capital in a US business. It is renewable indefinitely and is one of the most practical paths for entrepreneurs and business owners from treaty countries.

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Quick facts
Form (USCIS)I-129 (status change/extension)
Form (consular)DS-160 + DS-156E
TypeNonimmigrant (renewable)
Treaty country requiredYes (80+ countries)
Min. investmentNo fixed amount ("substantial")
Initial periodUp to 5 years (varies by treaty)
RenewalsUnlimited 2-year extensions

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E-2 case workflow

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What is the E-2 visa?

The E-2 Treaty Investor visa is a nonimmigrant visa that permits a national of a country with a bilateral commerce or navigation treaty with the United States to enter and work in the US, solely to develop and direct a business in which the investor has placed — or is actively in the process of placing — a substantial amount of capital. The E-2 is not a path to a green card on its own, but many E-2 holders eventually transition to EB-5, EB-1C, or other immigrant categories. Unlike EB-5, the E-2 has no minimum investment amount set by statute — USCIS evaluates whether the investment is "substantial" relative to the total cost of the enterprise.

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Treaty Country National
The investor must be a national of a country that has a qualifying treaty of commerce or navigation with the United States. Over 80 countries qualify, including the UK, Germany, Japan, Canada, and Australia. Chinese and Indian nationals generally do not qualify.
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Substantial Investment
The investment must be proportionally substantial relative to the total cost of the enterprise — typically at least 50% for lower-cost businesses, and higher thresholds for expensive businesses. Minimum amounts often cited: $100K–$200K in practice, though no statutory floor exists.
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Active, Bona Fide Enterprise
The business must be a real, operating enterprise — not a passive investment or a marginal business that only generates enough income to support the investor's family. A strong business plan demonstrating growth and US job creation significantly strengthens the application.

How the E-2 process works

01
Confirm treaty country eligibility
Verify the investor's nationality qualifies under a US bilateral treaty. The investor must hold citizenship (not just residency) in the treaty country. Review the State Department's list of E-2 treaty countries.
02
Structure the investment and entity
Establish or acquire the US business entity. The investor must own at least 50% of the enterprise and have control over it. Document the source and amount of investment capital — funds must be at risk in a commercial sense.
03
Prepare the business plan and evidence package
A professionally prepared business plan is essential — it must demonstrate that the enterprise is not marginal, will generate income beyond supporting the investor, and will create US jobs. Assemble investment documentation, leases, contracts, and financial projections.
04
Apply at US consulate or change status
Most E-2 applications are filed at a US consulate in the investor's home country (DS-160 + DS-156E). Those already in the US may file Form I-129 with USCIS to change or extend status, though consular processing is often preferred for maximum visa validity.
05
Maintain status and renew
E-2 status can be renewed indefinitely as long as the investor continues to operate the business and maintain treaty country nationality. Renewal applications require updated financial statements and evidence of ongoing investment activity.

E-2 FAQ

Is there a minimum investment amount for the E-2 visa?

No statutory minimum exists. USCIS and consular officers evaluate whether the investment is "substantial" relative to the total cost of the enterprise, and whether the business is not "marginal." In practice, investments below $100,000 are difficult to qualify unless the business model is low-cost by nature. See USCIS E-2 guidance.

Can E-2 holders bring family members to the US?

Yes. An E-2 investor's spouse and unmarried children under 21 may accompany or follow the investor on E-2 dependent visas. The spouse receives an Employment Authorization Document (EAD) permitting unrestricted work authorization in the US — a significant advantage over many other visa categories.

Does the E-2 lead to a green card?

The E-2 is a nonimmigrant visa and does not directly lead to a green card. However, many E-2 holders transition to EB-5 (if the investment scales), EB-1C (if they become a multinational executive), or EB-2 NIW. The E-2 is often used as a long-term bridge while building credentials for an immigrant visa category.

Which countries are NOT eligible for the E-2?

China, India, Brazil, Pakistan, Russia, and Vietnam are among the larger countries that do not have qualifying bilateral investment treaties with the United States and therefore cannot qualify for E-2 visas. Nationals of these countries often pursue EB-5 or other investor routes instead.