Who can use it
E-2 is only available to nationals of a country with which the United States maintains a qualifying treaty of commerce and navigation. The list is long — it includes Mexico, Canada, the United Kingdom, Taiwan, Japan, Colombia and most of Western Europe — but some large countries are not on it, among them the People's Republic of China, India and Brazil. The State Department's treaty list is the authority, and it is the first thing we check.
The business must share your nationality: at least half of it has to be owned by nationals of the treaty country. And you must be coming to develop and direct it — through ownership of at least 50%, or through real operational control.
A 2022 change in the law means that someone who acquired a treaty country's citizenship through a financial investment must generally have been domiciled in that country for at least three years before relying on it for an E-2. Citizenship-by-investment is no longer a quick route in.
What "substantial" investment means
The regulation sets no dollar figure. The test is proportionality: the investment has to be substantial in relation to the total cost of buying or establishing the business, and large enough to make it likely you will develop it successfully. A lower-cost business needs a higher share of its cost invested; an expensive one can be supported by a smaller share.
The money must be at risk and irrevocably committed — spent on the business or held in escrow to be released when the visa is issued. Money sitting in your own account does not count, and neither does a loan secured against the business's own assets. Every dollar also has to be traced to a lawful source.
The business cannot be marginal
- A real, operating enterprise — an active commercial business producing goods or services — not a passive investment such as undeveloped land or a portfolio of stocks.
- More than a living — it must have the present or future capacity to generate more than a minimal living for you and your family, or to make a significant economic contribution. In practice that means a credible plan that includes hiring.
- A business plan that holds up — a consular officer reads it for realism. Projections that cannot be explained from the numbers are a common reason for refusal.
Family, duration and the long view
Your spouse and unmarried children under 21 can accompany you. Your spouse is authorised to work in the United States incident to their status; your children can study but not work, and a child's E-2 status ends at 21.
Admission is typically granted for up to two years at a time, and extensions can continue indefinitely while the business qualifies. The visa stamp itself is valid for a period set by the treaty country's reciprocity schedule.
E-2 is a nonimmigrant visa and does not lead to a green card on its own. Many investors use it to establish a business and later move to permanent residence through EB-5 or, as the company grows, through a multinational executive petition. If a green card is the goal, it is worth planning that route at the outset.
Questions we are asked about this
What is the minimum investment for an E-2?
There is no statutory minimum. The investment must be substantial in proportion to the cost of the particular business. We look at your business model and tell you what a credible investment looks like for it before you commit money.
I am from China. Can I apply?
Nationals of the People's Republic of China are not eligible for E-2, because there is no qualifying treaty. Taiwan is a treaty country. If you hold a second nationality, it may qualify — subject to the three-year domicile rule where it was acquired by investment. EB-5 and L-1A are often the routes we look at instead.
Can I apply from inside the United States?
If you are in the United States in lawful status, you can ask USCIS for a change of status to E-2. You would still need an E-2 visa from a consulate to re-enter after travelling abroad, so many investors apply at the consulate from the start.
Can I buy an existing business instead of starting one?
Yes. Buying an existing business is common and can make the business plan easier to support, because there is a trading history. The purchase has to be structured so that the funds are genuinely committed and you end up with the ownership or control the category requires.