E-2Visa

Detailed explanation of E-2Visa based on official information from USCIS・国務省. Insurance Management

Published: January 12, 2026

E-2 Treaty Investor Visa: A Comprehensive Guide

1. Overview

The E-2 Treaty Investor Visa is a non-immigrant visa category that allows citizens of countries with which the United States maintains a treaty of commerce and navigation to enter the U.S. to develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital. This visa is crucial for fostering international trade and economic growth by enabling qualified foreign investors to manage their U.S.-based businesses. It supports job creation and contributes to the U.S. economy while providing a lawful pathway for investors and their employees to live and work in the United States.

2. Applicable Objects & Scenarios

The E-2 visa applies to:

  • Treaty Country Nationals: Individuals who are citizens of a country that has a qualifying treaty of commerce and navigation with the United States. The list of treaty countries is maintained by the U.S. Department of State.
  • Investors: Those who have invested or are in the process of investing a substantial amount of capital in a bona fide enterprise in the United States.
  • Essential Employees: Key employees of the treaty investor’s enterprise, who are either executives, supervisors, or possess specialized skills essential to the operation of the enterprise. These employees must have the same nationality as the treaty investor.
  • Family Members: Spouses and unmarried children under 21 years of age of the principal E-2 visa holder.

When it’s needed: This visa is required when a qualifying national seeks to enter the U.S. to develop and direct their investment enterprise or to work for such an enterprise in an essential capacity.

3. Core Conclusions

  • The E-2 visa is a temporary, renewable non-immigrant visa, not a direct path to permanent residency (green card).
  • The investment must be substantial, proportional to the total cost of the enterprise, and sufficient to ensure the investor’s financial commitment and the successful operation of the business.
  • The enterprise must be a real, operating commercial or entrepreneurial undertaking that generates services or goods for profit; speculative or idle investments do not qualify.
  • The investor must demonstrate they will develop and direct the enterprise. If the applicant is not the principal investor, they must be employed in an executive, supervisory, or essential skills role.
  • There is no strict minimum dollar amount for the investment; the key test is whether the capital is substantial in the context of a viable enterprise.

4. Procedures & Steps

Step 1: Preparation

  • Verify Treaty Country Status: Confirm your country of citizenship is on the U.S. Treaty Countries list.
  • Develop a Business Plan: Create a detailed plan for a bona fide U.S. enterprise. This should include financial projections, job creation plans, market analysis, and evidence of the substantial investment.
  • Secure Investment Funds: Ensure the capital is invested or is irrevocably committed to the enterprise. The funds must be at risk for the purpose of generating a return.
  • Gather Documentation: Compile evidence of the source of funds, proof of investment (e.g., bank transfers, invoices, leases), business registration documents, and your personal qualifications (resume, credentials).

Step 2: Application & Submission

The process differs depending on whether you are applying from outside or inside the United States.

For applicants outside the U.S.:

  1. File Form DS-160: Complete the Online Nonimmigrant Visa Application.
  2. Pay Fees: Pay the non-refundable visa application fee (Machine Readable Visa Fee). Please verify the current amount with official sources.
  3. Schedule Interview: Book an appointment for a visa interview at a U.S. Embassy or Consulate in your home country.
  4. Prepare for Interview: Gather all required documents, including:
    • Valid passport.
    • Form DS-160 confirmation page.
    • Application fee payment receipt.
    • Photo meeting U.S. visa requirements.
    • A detailed treaty investor application letter.
    • Comprehensive business plan and full financial documentation.
    • Evidence of treaty country nationality.
  5. Attend Visa Interview: A consular officer will determine your eligibility.

For applicants in the U.S. seeking to change status or extend stay:

  1. File Form I-129: The U.S. enterprise (or the investor) must file Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS), along with the E-2 Classification Supplement and supporting evidence.
  2. Pay Filing Fees: Submit the required filing fee for Form I-129. Please verify the current amount with official sources.

Step 3: Review & Confirmation

  • Consular Processing: After a successful interview, the consular officer will approve the visa, which will be placed in your passport. You may be subject to administrative processing, which can take additional time.
  • USCIS Adjudication: For change of status petitions, USCIS will review the Form I-129. If approved, they will issue a Form I-797, Notice of Action.
  • Entry into the U.S.: Upon arrival at a U.S. port of entry with a valid E-2 visa, a Customs and Border Protection (CBP) officer will make the final admission decision and issue an Arrival/Departure Record (Form I-94) noting your E-2 status and duration of stay.

5. Frequently Asked Questions (FAQ)

Q1: How long can I stay in the U.S. on an E-2 visa? A1: Initially, E-2 visas are typically valid for up to 5 years, but the maximum period of admission granted by CBP at the port of entry is usually 2 years. However, you may request extensions of stay in increments of up to 2 years each indefinitely, as long as you continue to maintain the requirements of the E-2 status.

Q2: Can my spouse work in the United States? A2: Yes. The spouse of a principal E-2 visa holder may apply for an Employment Authorization Document (EAD) from USCIS and can work for any employer in the United States without restriction once the EAD is granted.

Q3: Can my children attend school? A3: Yes. Unmarried children under 21 years old holding E-2 dependent status may attend public or private schools in the United States without needing a separate student visa.

Q4: Is there a minimum investment amount? A4: U.S. immigration law does not specify a fixed minimum dollar amount. The investment must be "substantial," meaning it is sufficient to ensure the investor's financial commitment and the enterprise's successful operation. It should be proportional to the total cost of either purchasing an established business or creating a new one.

Q5: Can I apply for a Green Card (Permanent Residency) from an E-2 visa? A5: The E-2 is a non-immigrant visa with the requirement of maintaining a foreign residence you do not intend to abandon. It does not directly lead to a green card. However, an E-2 investor may separately apply for an immigrant visa (green card) through another category, such as the EB-5 Immigrant Investor Program or employment-based sponsorship, without affecting their current E-2 status, provided they continue to meet all E-2 requirements.

Q6: Can I be employed by another company while on an E-2 visa? A6: No. The principal E-2 visa holder must work only for the treaty investment enterprise that formed the basis of their visa approval. Engaging in unauthorized employment is a violation of status.

6. Risks & Compliance

  • Maintaining Status: You must continually maintain the investment enterprise and your role in developing and directing it. Failure to do so may result in the loss of your E-2 status.
  • Substantial Investment at Risk: The capital must be genuinely at risk in a commercial for-profit enterprise. Passive or marginal investments do not qualify.
  • Non-Immigrant Intent: You must maintain a residence abroad and demonstrate intent to depart the U.S. upon termination of your E-2 status, even though extensions are possible.
  • Compliance with All Laws: You must comply with all U.S. federal, state, and local laws, including tax and business regulations.
  • Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration laws and policies are complex and subject to change. You should consult with a qualified immigration attorney or verify all information directly with official U.S. government sources before making any decisions or applications.

7. References & Sources

8. Related Topics

  • EB-5 Immigrant Investor Program: For investors seeking permanent residency (green card) through a qualifying investment.
  • L-1 Intracompany Transferee Visa: For executives, managers, or employees with specialized knowledge transferring to a U.S. office of their foreign employer.
  • H-1B Specialty Occupations Visa: For professionals in specialty occupations requiring theoretical or technical expertise.
  • Maintaining Nonimmigrant Status: General guidelines on complying with the terms of a U.S. visa.
  • Employment Authorization Document (EAD): How dependent spouses of certain visa holders, including E-2, can apply for work permission.
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