E-2 Treaty Investor Visa: A Practical Guide
The E-2 visa is a nonimmigrant option for entrepreneurs who make a substantial investment
in a U.S. business and will develop and direct that enterprise. This page explains eligibility, the typical consular process,
change-of-status issues, and what you should prepare before filing.
If you want a tailored plan, we offer free consultations.
What is the E-2 Treaty Investor Visa?
The E-2 is a nonimmigrant visa for entrepreneurs who are nationals of certain treaty countries and who make a
substantial investment in a U.S. business. The investor must typically show they will develop and direct
the enterprise and that the business is a real operating company (not a passive investment).
operational plans, and supporting documentation.
List of treaty countries
To qualify, the principal applicant generally must be a national of an E-2 treaty country. The U.S. Department of State
maintains the official list.
Treaty Countries for E-1/E-2
Step-by-step process (typical consular filing)
- Confirm eligibility: treaty nationality, substantial investment plan, and investor/control structure.
- Complete Form DS-160: online nonimmigrant visa application.
- Build the E-2 packet: investment evidence, business plan, source of funds, ownership/control, and operational proof.
- Schedule the interview: at the U.S. embassy/consulate with jurisdiction (procedure varies by post).
- Attend the interview: be prepared to explain the business, investment, and your role in the enterprise.
- Decision and visa issuance: processing times vary by consulate and case complexity.
DS-160 portal:
CEAC
often matter as much as the raw dollar amount.
Applying from within the United States
If you are already in the U.S. in another lawful nonimmigrant status, you may be able to pursue an E-2 change of status
through USCIS. One common route is filing Form I-129 (when eligible), rather than applying for the visa at a consulate.
Travel planning and strategy should be addressed before filing.
Forms and documentation required
Core forms
- Form DS-160 (consular processing)
- Form I-129 (if seeking a change of status in the U.S., when applicable)
Typical supporting documentation
- Proof of nationality from a treaty country.
- Evidence of a substantial investment in a real operating U.S. business.
- Ownership and control evidence (entity docs, cap table, operating agreement, stock certificates, etc.).
- Source of funds documentation and transfer trail.
- Business plan and operational support (leases, invoices, contracts, payroll plan, hiring timeline).
- Evidence you will develop and direct the enterprise (role, duties, org chart).
Government fees (common examples)
Fees can change and may vary based on how you file. Always confirm the current amounts on the official agency pages.
- DS-160 visa application fee: commonly shown as $205 (confirm at the time you file).
- Form I-129 filing fee: varies depending on the classification and USCIS fee schedule (confirm at the time you file).
Renewing and maintaining E-2 status
E-2 is typically granted in limited periods (depending on where and how it is issued) and can often be renewed as long as the business remains
active and continues to meet E-2 requirements. Renewals are usually stronger when the business shows real operations: revenue, employees,
contracts, and credible growth.
Spouses and children of E-2 visa holders
Spouses and unmarried children under 21 may qualify for E-2 dependent status. In many situations, spouses can apply for work authorization,
and children can attend school. The document plan should cover each dependent’s identity, relationship evidence, and travel/filing strategy.
Want help building a clean E-2 filing strategy?
E-2 cases often succeed or fail on documentation, structure, and narrative consistency. If you want help confirming eligibility, planning the investment trail,
and assembling a professional filing, schedule a consultation.
General information only. Not legal advice.