For entrepreneurs
E-2 Investor Visa
E-2 is for citizens of treaty countries making a "substantial" investment in a real U.S. business. It can be renewed indefinitely while the business operates, and the spouse gets work authorization.
Key facts
Duration
Up to 5 years, renewable indefinitely
Cost
$315 fee + the investment itself (typically $100,000+)
Processing time
2–4 months via consulate; 2–8 weeks with premium processing for status change
Path to green card
Not direct — must separately apply for EB-5 or another category
Who this is for
- •Citizen of a treaty country (most of Europe, Japan, etc.; Russia is not on the list).
- •Ready to invest $100,000+ in a real business (no fixed minimum but "substantial" relative to the business).
- •The business creates jobs and is not "marginal" (not just supporting your family).
- •You own at least 50% and actively manage the business.
Who this is NOT for
- •You're a citizen of a non-treaty country (e.g. Russia — but a second treaty-country passport solves it).
- •You want to buy a passive asset (rental real estate) — not an active business.
- •You're ready to invest only $20,000–30,000 — usually too little to pass the substantiality test.
Step-by-step process
- 1
Check nationality
Confirm your passport country is on the E-2 treaty list. If not — consider a second passport.
- 2
Build a business plan
5-year plan covering hiring, revenue, expenses. This is the key document for USCIS.
- 3
Form a U.S. company
LLC or Corporation, open a bank account, get EIN, lease office or premises.
- 4
Make the investment
Funds must be transferred to the U.S. and "at risk" — committed to assets, equipment, lease etc.
- 5
File DS-160 or I-129
Via consulate (DS-160) or change of status in U.S. (I-129). Need a full package including source of funds.
- 6
Interview and visa
At the interview, prove the business is real, the investment is substantial, and the plan is viable.
Required documents
- ›5-year business plan with financial projections
- ›Company formation documents (Articles of Organization, EIN)
- ›Source of funds documentation (statements, contracts, tax returns)
- ›Proof of funds transferred to the U.S.
- ›Lease agreement for office/premises
- ›Contracts, invoices, equipment estimates
- ›DS-156E (for consulate)
- ›Passport
Common mistakes
- ⚠Buying a paper business with no real operations.
- ⚠Failing to document the source of funds.
- ⚠Investment too small relative to the business type.
- ⚠A business plan that's just for show, with no real financial model.
Frequently asked questions
Can I work in my own business?+
Yes — that's the whole point of E-2. You must actively manage the business, not just be a passive investor.
Can my spouse work?+
Yes! E-2 spouses automatically receive work authorization upon admission (separate EAD no longer required since 2022).
Important: This page is a general overview, not legal advice. U.S. immigration law is complex and changes often. Consult a licensed attorney before filing.
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