The E-2 Visa is a non-immigrant visa that allows foreign nationals from treaty countries to live and work in the United States by making a substantial investment in a U.S. business. Designed for entrepreneurs and investors, it requires showing a significant commitment to a bona fide U.S. enterprise, along with the intent to develop and direct its operations. This visa provides renewable status, enables bringing dependents, and has no annual cap, but it does not directly lead to permanent residency. Risks include dependence on the success of the business, the requirement to maintain investment and control, and the potential uncertainty if the enterprise fails.
The application process for the E-2 Visa involves proving substantial investment, ownership or control of the business, and the business’s potential to generate more than a marginal income.

What is an E-2 Visa?

The E-2 Visa is a nonimmigrant investor visa for foreign individuals from treaty countries who wish to operate a business in the United States. A treaty country is a foreign nation that either maintains a treaty of commerce and navigation with the United States, has a qualifying international agreement, or is designated as a qualifying country by law. Eligible treaty countries include the United Kingdom, Australia, Japan, Argentina, and Ethiopia. However, certain countries, such as India, China, Vietnam, Kenya, and Dubai, do not have a treaty with the U.S. for the E-2 Visa.

How does an E-2 Visa Work?

An E-2 Visa allows foreign nationals from treaty countries to enter and work in the United States based on a substantial investment in a U.S. business. To qualify, the applicant must demonstrate that they have made, or are actively in the process of making, a significant investment in a bona fide U.S. enterprise. This includes providing evidence of ownership or control of the business, proof that the investment funds are legally acquired, and that the business has the potential to generate more than a marginal income.

The E-2 visa holder must show that they will develop and direct the operations of the business, which may require submitting a detailed business plan outlining the projected growth and employment impact. Additionally, the applicant must maintain non-immigrant intent, proving they plan to depart the U.S. once their E-2 status ends. The visa can be renewed indefinitely as long as the business remains operational and the investor continues to meet all requirements.

What are the Benefits of the E-2 Visa?

The benefits of the E-2 Visa include the ability to legally conduct business in the U.S., travel freely while the visa is valid, and bring a spouse and children under 21, with the spouse eligible to work and the children able to receive an education. The specific benefits of the E-2 Visa are listed below.
  • Conduct business legally in the US. You can be employed by the same US business that you invested in. 
  • Travel freely in and out of the US. You can travel in and out of the US as long as your E2 Visa remains valid.
  • Obtain an E-2 Visa for your dependent spouse and children below 21 years of age. Your spouse can work in the US with an Employment Authorization Document (EAD). Your children can attain US education as a dependent on the E-2 Visa.

What are the Risks of the E-2 Visa?

The risks of the E-2 Visa include the need for a substantial investment before submitting the petition, the requirement that the applicant’s country has a qualifying treaty with the U.S., and the obligation for the investor to actively manage the U.S. business and ensure its profitability. The specific risks of the E-2 Visa are listed below.
  • Investment risk. The E-2 Visa requires substantial investment made prior to the submission of the petition. 
  • Qualifying US treaty. Only countries with a treaty agreement can apply for the E2 Visa.
  • Business operations. The foreign investor should actively run the US business and ensure that it is earning.

How much does an E-2 Visa Cost?

The cost of an E-2 Visa includes a minimum investment typically over $150,000, a $460 Form I-129 fee for investors present in the U.S. ($370 for each dependent on Form I-539), and an optional premium processing fee of $2,500 for 15-day processing. For investors applying from their home country, there is a $205 fee per DS-160 form. Additional costs may include lawyer fees and expenses related to business entity formation.

The average cost for an E-2 Visa application can range from $5,000 to $10,000, excluding the minimum investment amount, depending on legal fees, business setup costs, and optional services like premium processing. To pay the E-2 Visa fee, applicants must use the U.S. Citizenship and Immigration Services (USCIS) online payment portal for forms submitted within the U.S., and pay by credit card, debit card, or electronic bank transfer. For applicants outside the U.S., the fee for the DS-160 form is typically paid online via the U.S. Department of State’s Consular Electronic Application Center or at a designated bank, depending on the consulate’s guidelines.

How to Apply for an E-2 Visa?

To apply for an E-2 Visa, follow the specific instructions of the U.S. embassy or consulate, complete Form DS-160, pay the application fee, schedule an interview, gather the necessary documents, and attend the interview, while also preparing a detailed business plan and investment description if required. The steps to apply for an E-2 Visa are listed below.

  1. Fill out the Online Nonimmigrant Visa Application (Form DS-160).
  2. Upload your photo when filling out Form DS-160.
  3. Pay the application fee and print out the receipt.
  4. Wait for an electronic confirmation after completing the online application.  Print the confirmation sheet, as you will need this along with the receipt for your interview at the consulate or U.S. embassy. The confirmation sheet has a barcode so immigration officials can easily find your application.
  5. Schedule an interview with the US embassy or consulate in your area.
  6. Complete the required documents for the E2 Visa application.
  7. Attend the visa interview in the designated US embassy or consulate.

You can apply online for an E-2 Visa by completing Form DS-160 and paying the application fee through the U.S. Department of State’s Consular Electronic Application Center.

How is the process of E-2 Visa?

The process of obtaining an E-2 Visa includes completing Form DS-160, paying the application fee, scheduling an interview, and attending the interview at a U.S. embassy or consulate. The processing time for an E-2 Visa generally takes 2 to 3 months but may vary depending on the specific U.S. embassy or consulate. While some applicants may experience quicker processing times, delays can occur based on individual circumstances and consular workload, so it is advisable to plan ahead and account for potential delays.

What are the Requirements for an E-2 Visa?

The requirements for an E-2 Visa are that the applicant must be a national of a treaty country, have made a substantial investment in a U.S. business, and be actively involved in its operation. The E-2 Visa documents checklist for both employer and employee is listed below.

For the Employer:

  • Proof of treaty country nationality.
  • Evidence of substantial investment in the U.S. business.
  • Documentation showing the business is operational and generating income.
  • A business plan outlining the investment and potential for growth.
  • Proof of ownership or control of the U.S. business.

For the Employee:

  • Proof of nationality from a treaty country.
  • Employment letter detailing job role and responsibilities.
  • Evidence of the employer’s E-2 Visa status.
  • Documentation supporting the employee’s qualifications for the position.

What are the interview questions of E-2 Visa?

The interview questions of the E-2 Visa include inquiries about the nature of the business, the amount and source of investment, management and control of the business, and the details of the business plan and projected outcomes. The five common interview questions for an E-2 Visa are listed below.

1. What is the nature of your business and how did you choose it?

The business should be a bona fide enterprise and the applicant should describe how it aligns with their investment goals and expertise.

2. How much capital have you invested in the business?

The applicant must provide specific figures and evidence showing that the investment is substantial and directly related to the business operations.

3. What is the source of the funds for your investment?

The applicant must demonstrate that the investment funds are legally acquired through proper documentation and financial records.

4. How will you manage and control the business operations?

The applicant should explain their role in the business, including their responsibilities and how they will ensure the business is successfully managed and developed.

5. What is your business plan and what are its projected outcomes?

The applicant should present a detailed business plan outlining the objectives, market analysis, financial projections, and expected growth of the business.

See Dates to Meet in-Person

What are the Statistics on E2 Visa Approval?

The statistics on E-2 Visa approval show it has a higher acceptance rate compared to other nonimmigrant visas at 89%. The list of the top 10 countries with the highest number of E2 approvals are listed below.

Countries 2016 2017 2018 2019 2020 2021 2022 2023
Japan 13,609 14,360 13,399 13,562 8,662 15,847 15,018 16,730
Germany 4,329 4,367 3,807 3,025 1,496 2,324 3,504 4,157
Canada 3,004 2,854 3,254 4,244 2,504 1,852 3,841 6,622
France 3,199 2,857 3,081 2,903 1,280 973 2,874 3,154
Great Britain and Northern Ireland 2,969 2,862 2,740 3,253 1,256 643 5,580 3,534
South Korea 2,020 2,126 2,361 2,554 1,974 4,411 8,156 8,644
Italy 2,054 1,911 1,799 1,789 691 698 1,222 1,759
Mexico 2,621 2,438 1,578 2,028 879 2,206 2,810 3,020
Spain 1,522 1,402 1,312 1,417 566 728 2,495 1,637
Taiwan 463 561 585 642 390 335 2,698 3,050
Others 8,453 8,035 7,265 7,777 3,687 n/a n/a n/a

What are the countries that can apply for an E-2 Visa?

Countries that can apply for an E-2 Visa include the United Kingdom, Australia, Japan, Canada, Germany, France, Italy, Argentina, South Korea, and the Netherlands. However, there are countries where an E-2 Visa cannot be obtained, such as India, China, Vietnam, Kenya, and Dubai, due to the absence of a qualifying treaty or agreement with the United States.

What are the differences between E-2 Visa and EB-5 Visa?

The difference between E-2 Visa and EB-5 Visa is that E-2 Visa requires a substantial investment, typically over $150,000, while the EB-5 Visa requires a significantly higher investment of $900,000 or $1.8 million. Additionally, the E-2 Visa does not directly lead to permanent residency, whereas the EB-5 Visa provides a pathway to a green card for the investor and their family. Furthermore, the processing time for the E-2 Visa is generally quicker, usually ranging from 2 to 3 months, compared to the EB-5 Visa, which can exceed a year or more.

What are the differences between E-2 Visa and H1-B Visa?

The difference between E-2 Visa and H1-B Visa is that E-2 Visa is designed for investors and requires a substantial investment in a U.S. business, while the H-1B Visa is intended for skilled workers and does not involve an investment requirement. The E-2 Visa is for nationals of treaty countries and provides a pathway for managing a business, whereas the H-1B Visa is available to foreign workers with specialized skills and requires a U.S. employer to sponsor the visa. Additionally, the E-2 Visa does not lead to permanent residency, whereas the H-1B Visa can be a step toward a green card if the worker is sponsored by their employer for permanent residency.

How Long Can I Stay in the US with an E-2 Visa?

You can stay in the US with an E-2 Visa for up to two years at a time, with the possibility of indefinite renewals as long as you continue to meet the visa requirements. The visa is granted initially for a period of up to two years, but you can apply for extensions before the expiration date. Each renewal can also be issued for up to two years. The key condition for maintaining E-2 status is that you continue to operate and direct the U.S. business in which you have invested, and you must demonstrate that the business remains viable and meets all E-2 requirements.

Can I Work on an E-2 visa?

Yes, you can work on an E-2 visa because it permits you to be employed by the U.S. business in which you have invested. The E-2 Visa is designed for investors and allows you to manage, direct, and develop your business operations. This means you can actively work in the business that is the basis for your visa status. However, the E-2 Visa does not allow you to work for any other employer outside of your investment enterprise. The work you do must be directly related to the business you have invested in and must be necessary for the operation and growth of that enterprise.

Can immigration lawyer speed up the process of E-2 Visa?

No, an immigration lawyer cannot speed up the process of E-2 Visa. What an immigration lawyer (attorney) does is provide comprehensive services for migration, citizenship, business immigration issues, and the process for obtaining work. An Immigration Attorney helps avoid issues that can cause delays in your E2 Visa application.

Can I apply for a Green card with an E-2 Visa?

No, you cannot directly apply for a Green Card with an E-2 Visa because the E-2 Visa is a non-immigrant visa specifically designed for temporary stay and does not provide a direct pathway to permanent residency. The E-2 Visa allows you to live and work in the U.S. as long as you maintain your investment and manage your business, but it does not automatically lead to a Green Card. To transition from an E-2 Visa to permanent residency, you would need to apply for a different type of visa or immigration status, such as an employment-based immigrant visa or family-sponsored Green Card, and meet the requirements for those immigration options.