United States of America · investor
E-2 Treaty Investor
Non-immigrant treaty investor visa for nationals of countries with a qualifying treaty of commerce and navigation with the US.
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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.
Processing time
Consular: 2–6 months depending on post. Change of status inside US: several months.
See source window: 2 weeks – 4 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.
Primary source
USCIS — E-2 Treaty Investors · U.S. Citizenship and Immigration Services
Link last verified:
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
Step 1
Confirm treaty-country nationality
Verify the applicant holds a passport from an E-2 treaty country.
Step 2
Commit investment and document
Transfer funds irrevocably into the US enterprise and document the source.
Step 3
File DS-160 or I-129
Apply at US consulate or change status inside the US.
Step 4
Renew indefinitely
Extend in 2-year increments as long as the business operates.
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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.
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