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US Visa

E-2 Treaty Investor Visa

Invest in and operate a US business if your country has a commerce treaty with the United States.

What is it?

The E-2 Treaty Investor visa allows nationals of countries that maintain a commerce and navigation treaty with the United States to enter and work in the US based on a substantial investment in a US business. The investor must own at least 50% of the enterprise or have operational control. E-2 is renewable indefinitely in 2–5 year increments as long as the business is active.

Who needs it?

Nationals of E-2 treaty countries who have invested or are actively investing a substantial amount of capital in a bona fide US enterprise and are directing and developing that enterprise. Common nationalities include UK, Germany, Japan, South Korea, Italy, and many others. Indian and Chinese nationals cannot currently obtain E-2 (no treaty).

Required Documents

  • DS-160 visa application form
  • Evidence of treaty country nationality (passport)
  • Evidence of investment: bank wire transfers, invoices, contracts, lease agreements, purchase documents
  • Business plan with financial projections (5 years)
  • Evidence the investment is 'at risk': active business operations, inventory, equipment
  • Proof of ownership: articles of incorporation, operating agreement
  • Evidence the investment is substantial relative to the total cost of the business
  • Evidence the business is more than 'marginal' — must support more than just the investor and family

Common Mistakes to Avoid

  • Investment amount too low — 'substantial' is judged proportionally; a $50K franchise may qualify, a $50K restaurant may not
  • Funds not 'at risk' — money in a bank account without being actively committed to the business doesn't qualify
  • Business is 'marginal' — it must have the capacity to generate income beyond supporting just the owner
  • Investor does not own at least 50% of the enterprise
  • Applying from a non-treaty country — check the treaty country list before applying

Approval Tips

  • Franchises are popular E-2 investments — the established model helps demonstrate non-marginality
  • A detailed, professionally prepared business plan significantly strengthens the application
  • Document every dollar invested with paper trails (wire transfers, receipts)
  • E-2 spouses automatically receive E-2 dependent status and can apply for an EAD to work
  • Consult an immigration attorney familiar with E-2 — the substantiality test is nuanced
Official US Visa Resource
This guide is for informational purposes only and is not legal advice. Immigration rules change frequently — always verify current requirements at the official government websites or consult a licensed immigration attorney.