Visa Library
E-2 Treaty Investor Visa
Treaty investor visa for nationals of treaty countries who direct a substantial US investment — renewable indefinitely, but no path to a green card.
You hold citizenship in a country with a US Treaty of Commerce and Navigation, and you can direct a substantial, at-risk US investment in a real operating business.
Editorial summary
For nationals of treaty countries who direct a substantial US investment.
Who it's for
- Founders and investors from treaty countries (UK, Germany, France, Japan, etc.)
- Acquirers of existing US businesses
- Franchisees of established US franchises (with treaty-country citizenship)
Eligibility
- Citizenship of a treaty country (full list at US Department of State).
- Substantial investment that is at risk and committed, not just promised.
- The business must be real and operating, not marginal (sole-purpose-of-supporting-the-investor).
- The investor must direct and develop the enterprise.
Process
Step 1
Confirm treaty-country eligibility
Country list is maintained by the State Department; not every country qualifies.
Step 2
Make and document the investment
Funds must be irrevocably committed and at risk. Loans secured by the business itself do not count.
Step 3
Document the operating business
Lease, employees, business plan, financial projections.
Step 4
Apply at a US consulate
E-2 cases are typically filed at the consulate in the home country.
Timeline
- Consular processing: 2-12 weeks depending on post and case complexity
- Renewals at consulates or via I-129 inside the US
Cost
- MRV visa fee: $315
- I-129 if filed in US: $1,015 + Asylum Program Fee
- Investment cost itself: variable, typically $100K-$500K to comfortably qualify
- Attorney fees: $7,000-$15,000 typical
Where it works
- Renewable indefinitely
- Spouse work rights
- No lottery and no statutory cap
- Allows full operational control of the US business
Where it breaks
- Must be a treaty-country citizen — Indian and Chinese nationals do not have a treaty
- No direct path to permanent residence
- Investment must be substantial and at-risk; recoverable amounts do not count
- Marginality test can defeat small businesses
Frequently asked
How much do I have to invest?
There is no statutory minimum. USCIS uses a 'proportionality' test — the investment must be substantial relative to the cost of establishing the enterprise. In practice, $100K is a common floor for service businesses; capital-heavy businesses may need more or less.
Can I bring employees on E-2?
Yes — E-2 employees of the same treaty nationality can come on E-2 employee visas if they hold executive, supervisory, or essential-skills roles.
Why isn't there a green card path?
E-2 is a non-immigrant visa with treaty origins. Most E-2 holders eventually pivot to EB-2, EB-1A, or EB-5 if permanent residence is the goal.
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Where to go next
The Library curates the best of external research and the four sister properties used to act on the evidence above.
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