What is the E-2 treaty investor visa?

The E-2 nonimmigrant visa allows nationals of countries with which the US has a commerce and navigation treaty to invest in and manage a US business. The investor must make a substantial investment in a real, operating enterprise and must be coming to the US to develop and direct the investment. E-2 is not available to nationals of all countries; it depends on treaty status.

There is no defined minimum investment, but USCIS evaluates whether the investment is substantial in relation to the total cost of the business. As a guideline, investments above $100,000 are more likely to be viewed as substantial, though some successful E-2 cases involve lower amounts in low-cost businesses. The investment must not be marginal, meaning it must generate more than just enough income to support the investor and family.

E-2 visa holders can manage their business, and E-2 employees of treaty enterprises can also obtain E-2 status. Spouses of E-2 holders are work-authorized. The visa is renewable indefinitely in two or five year increments as long as the enterprise continues. E-2 does not directly lead to a green card, but investors may pursue separate immigrant visa categories.

This is general information only, not legal advice. Consult a qualified immigration lawyer or registered migration agent for your specific situation.