United States of America · investor
E-2 Treaty Investor
By Sam Parks · Last reviewed:
Non-immigrant treaty investor visa for nationals of countries with a qualifying treaty of commerce and navigation with the US.
- Processing time
- Consular: 2–6 months depending on post. Change of status inside US: several months.
- Government fees
- DS-160 USD 315 (reciprocity-adjusted); I-129 USD 1,015 (for in-country change of status).
- Typical duration
- Initial up to 2 years at port of entry (5-year visa stamp for many nationalities); renewable indefinitely.
- Sponsorship required
- No
- Leads to permanent residency
- No
Overview
The E-2 permits nationals of E-2 treaty countries to invest a substantial amount of capital in a US business and direct its operations. There is no fixed minimum, but the investment must be substantial relative to the cost of the business and sufficient to ensure commitment. E-2 is renewable indefinitely but is not a direct pathway to permanent residence.
Guidance by nationality
Specific information for applicants from these countries. Don’t see yours? The general eligibility criteria above apply to everyone.
British applicants
British nationals qualify for E-2 as treaty investors — a route widely used post-Brexit as an alternative to the narrowe…
Japanese applicants
Japanese nationals are among the highest-volume E-2 applicants. The US consulate in Tokyo adjudicates the majority of ca…
South Korean applicants
South Korean nationals qualify for E-2 (and E-1 trader) under the KORUS framework. Franchises and small-to-medium operat…
Turkish applicants
Turkish nationals qualify under the US–Turkey Treaty of Commerce and Navigation (1933) — Turkey is one of the highest-vo…
Filipino applicants
Filipino nationals qualify as treaty investors under the longstanding US–Philippines treaty. Manila consular processing …
Additional sources
Primary source
US Department of State — Treaty Countries ↗ · U.S. Department of State
Link last verified:
Eligibility
Typical criteria
- ✓Applicant is a national of an E-2 treaty country.
- ✓Investment of substantial capital (irrevocably committed) in a bona fide US enterprise.
- ✓Enterprise is real, operating, and not marginal (capable of generating more than minimal living for the investor).
- ✓Applicant develops and directs the enterprise (or works in an executive/supervisory/essential-skill role).
Common blockers
- !Applicant is a national of a non-treaty country.
- !Passive investments (real estate for personal use, speculative holdings).
Typical evidence
- ·Source-of-funds documentation and proof funds are irrevocably committed.
- ·Business plan demonstrating marginality test is met.
- ·Corporate documents, lease, licences, and hiring evidence.
Application pathway
Confirm treaty-country nationality
Verify the applicant holds a passport from an E-2 treaty country.
Commit investment and document
Transfer funds irrevocably into the US enterprise and document the source.
File DS-160 or I-129
Apply at US consulate or change status inside the US.
Renew indefinitely
Extend in 2-year increments as long as the business operates.
Official application links
Where to actually go next
These are the official pages to use for this route. Open them before preparing documents: the forms, fees, appointment systems, and sponsor steps can change without warning.
- Official guidanceApplicantCheck E-2 filing route ↗
Treaty investors use this USCIS page to confirm E-2 eligibility and whether to file with USCIS or a consulate.
U.S. Citizenship and Immigration Services · verified
Fees and processing time
Indicative government fees: DS-160 USD 315 (reciprocity-adjusted); I-129 USD 1,015 (for in-country change of status).. A decision then typically takes 2 weeks – 4 months. Both change over time, so the dedicated pages below carry the itemised breakdown and the current official figures.
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Related routes
EB-5 Immigrant Investor Program
Permanent residence through investment in a new US commercial enterprise that creates at least 10 full-time jobs.
L-1A Intracompany Transferee (Executive or Manager)
Intracompany transfer for executives or managers moving to a US office of a related multinational employer.
Frequently asked questions
Is E-2 dual intent?+
No. E-2 is a non-immigrant visa and is not formally dual-intent. Filing for a green card can make renewals more difficult, though it is not an automatic bar; many E-2 holders transition to EB-1, EB-2, or EB-5.
Can I use US real estate as my E-2 treaty investor investment?+
Passive investments such as real estate held for personal use or speculative holdings do not qualify for the E-2. The investment must be substantial capital, irrevocably committed, in a bona fide, real and operating US enterprise that the investor develops and directs. Confirm the requirements on the official USCIS source before committing funds.
Can I get an E-2 visa if I'm not from a treaty country?+
No. The E-2 requires you to be a national of a country with a qualifying E-2 treaty with the US, and being a national of a non-treaty country is a listed common blocker. If you don't hold treaty-country nationality, the E-2 is not available regardless of how much you invest; confirm your country's treaty status on the official source.
Does the E-2 treaty investor visa lead to a green card the way EB-5 does?+
No. The E-2 is a non-immigrant visa that is renewable indefinitely while the business operates, but it is not a direct pathway to permanent residence. The EB-5 immigrant investor program, by contrast, grants conditional permanent residence leading to an unconditional green card. Many E-2 holders later transition to EB-1, EB-2, or EB-5.
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