E-2 Treaty Investor Visa: Requirements, Investment, and Steps

You can only get an E-2 if you are a citizen of a country that has a qualifying treaty with the US. The State Department publishes the official treaty countries list, which shows the E-2 start date for each country. Check it first, because nationality is the one requirement you can't fix with better paperwork.

Some important countries are not on the E-2 list, including India, China, and Brazil. Citizens of those countries often look at EB-5 or the Gold Card instead.

If you got your treaty-country citizenship through an investment program, US law requires that you were domiciled (lived) in that country for at least 3 years before applying. Ask a lawyer how this applies to your case.

Loans secured by the business's own assets don't count as your investment. Personal loans secured by your own assets can.

Employees who share the investor's nationality can also get E-2 status if they work in an executive or supervisory role, or have skills essential to the business.

The law sets no minimum. Consular officers use a "proportionality" test: the smaller the total cost of the business, the higher the percentage you are expected to have invested.

In practice, many small-business E-2 cases involve at least tens of thousands of US dollars, and businesses with employees are easier to approve. Treat any single number you see online as a rule of thumb, not a legal threshold. Your business plan should show how the money will be spent and how the company will grow.

• Stay: up to 2 years per admission. Extensions and new admissions come in 2-year steps with no maximum, as long as the business keeps qualifying.
• Visa validity: set by reciprocity with your country. Some nationalities get a 5-year visa stamp; others get much shorter validity.
• Spouse: can work for any employer. Since January 2022, their I-94 shows "E-2S", which counts as proof of work authorization.
• Children: unmarried and under 21, can attend school but cannot work. Status ends at 21, so plan an F-1 or other status for older children.

Family members don't need to share your nationality.

• Your investment: the largest cost, set by your business plan.
• Visa application fee: $315 for E visas as of September 2026, plus any reciprocity fee.
• Visa integrity fee: A $250 visa integrity fee, created by a 2025 law, is charged when a visa is issued. As of September 2026, consulates have rolled it out unevenly, so check your embassy's fee page.
• Change of status inside the US: Form I-129 with USCIS. As of September 2026, the fee for E and TN petitions is $1,015 on paper or $965 online ($510 for small employers and nonprofits), plus the Asylum Program Fee of $600 ($300 for small employers, $0 for nonprofits). Premium processing is $2,965. See the fee schedule.
• Professional fees: lawyers, accountants, and business plan writers are common costs.

Check the State Department's fee page before you apply.

The E-2 has no direct route to a green card. Common next steps are:

• EB-5: a larger investment that leads to permanent residence. Note the grandfathering deadline of September 30, 2026.
• EB-1C: if your company also has a qualifying business abroad and you are an executive or manager.
• The Gold Card.
• Family-based options, if they apply.

Compare the investor routes in E-2 vs EB-5 vs Gold Card. Because E-2 requires intent to leave, time any immigrant filing with a licensed immigration lawyer.

• Money is not yet committed or at risk, for example still sitting in a personal account.
• The business looks marginal, with no realistic plan to support more than the investor's family.
• Unclear source of funds.
• The investor doesn't have 50% ownership or real control.
• Nationality problems, such as a second citizenship that isn't from a treaty country.

See visa denials and waivers if you are refused.

Travel ban. Proclamation 10998 took effect on January 1, 2026, and has no end date. It limits visas for nationals of 39 countries: for 19 countries it suspends almost all visas, and for the other 20 it suspends immigrant visas plus B, F, M, and J visas. USCIS is also holding many pending cases from these countries for extra review. Check Travel ban status before you pay fees or book travel.