E-2 Treaty Investor Visa: Benefits, Costs, and Application Guide
The E-2 treaty investor visa is a non-immigrant visa designed for entrepreneurs from countries that maintain a Treaty of Trade and Commerce with the United States. By making a qualifying E-2 visa investment, you gain the ability to live and work in the U.S. while managing and developing a business that benefits from your financial contribution.
Although the E-2 visa offers numerous advantages, each comes with specific requirements that applicants must meet. Understanding these requirements is essential to making a strong E-2 visa application.
Top 6 Advantages of the E-2 Visa
1. Legal Work Authorization in the U.S.
One of the most significant benefits of the E-2 visa is the ability to work legally in the U.S. for the business you invest in. Whether you are launching a new enterprise or taking over an existing company, you must play an essential role in developing and directing the operations.
To qualify, you must demonstrate either ownership of at least 50% of the company or substantial control through a key managerial role. Typically, this is verified with ownership documentation signed by all stakeholders showing that you have a controlling interest in the enterprise.
2. No Fixed Minimum Investment Requirement
To qualify, you must demonstrate either ownership of at least 50% of the company or substantial control throughaUnlike other visa categories, the E-2 visa does not mandate a fixed minimum or maximum investment amount. Instead, the investment must be considered “substantial” in proportion to the business type. While many applicants succeed with investments between $50,000 and $100,000, the government evaluates whether the business will generate meaningful economic impact rather than focusing only on dollar amounts. a key managerial role. Typically, this is verified with ownership documentation signed by all stakeholders showing that you have a controlling interest in the enterprise.
Smaller businesses may be rejected if deemed “marginal” with limited economic effect. Conversely, investors who contribute $500,000 to $1,000,000 may qualify for a U.S. green card through the EB-5 immigrant investor program, which is aimed at creating jobs and lowering unemployment.
3. Work Authorization for Spouses
Spouses of E-2 visa holders are eligible to apply for work authorization through an Employment Authorization Document (EAD). With an approved EAD, your spouse can work for any U.S. employer or even start their own business. Applications are made using Form I-765, and employment is not restricted to your E-2 enterprise.
4. Education Benefits for Children Under 21
Dependent children under age 21 can attend school in the U.S. under an E-2 dependent visa. This provides more flexibility than an F-1 student visa since they can enroll in a variety of accredited institutions. However, once children turn 21, they must apply for their own visa status to remain in the United States.
5. Freedom to Travel
E-2 visa holders and their dependents can travel in and out of the United States without restrictions, as long as the visa remains valid. This flexibility makes it easier to manage international business obligations while maintaining a base in the U.S.
6. Unlimited Extensions of Stay
Although the E-2 visa is initially valid for two years, extensions can be requested an unlimited number of times, allowing investors and their families to remain in the U.S. indefinitely as long as business operations continue and visa conditions are met. Dependents must also file extensions before their current visa expires to maintain lawful status.
How to Apply for an E-2 Visa
To begin, you must file Form I-129, Petition for a Nonimmigrant Worker. Processing times vary depending on whether you apply from within the U.S. or through a U.S. consulate abroad. Standard processing typically takes about six months.
If applying from outside the U.S., you must complete consular processing, which involves an interview at a U.S. embassy or consulate. During this interview, you will be asked about your background, your investment, and your plans for managing the business in the U.S.
Premium Processing Option
If six months is too long, you may choose premium processing by paying an additional fee. This reduces USCIS processing time to 15 calendar days for Form I-129. However, it only accelerates USCIS review and does not guarantee approval or speed up consular processing. An immigration attorney at Green Card Link can help you determine whether premium processing is the right strategy for your case.
E-2 Visa Costs
Applicants should be prepared for the following costs:
- Form I-129 filing fee: $460
- DS-160 fee (for consular processing): $205
- Biometrics fee (if applicable): $85
- Premium processing fee (optional): $1,440
- Attorney fees: Vary depending on the complexity of the case. At Green Card Link, its immigration attorneys provide clear, upfront guidance on costs.
Other expenses, such as travel or business setup, may also apply depending on your situation.
Adjusting from E-2 to EB-5 Investor Status
If your long-term goal is permanent residency, you may transition from E-2 status to an EB-5 green card. This requires an investment of $1 million, or $500,000 in a targeted employment area (rural or high-unemployment region), along with proof that your business will create jobs and strengthen the U.S. economy.
The process includes filing Form I-526 (Immigrant Petition by Alien Investor) followed by Form I-485 (Application to Register Permanent Residence or Adjust Status) once your priority date is current. Both forms can take several months, and premium processing is not available for EB-5 petitions.
Because the process is highly detailed, working with immigration attorneys at Green Card Link ensures your petition is carefully prepared to maximize your approval chances.
Get Professional Guidance from Green Card Link
The E-2 investor visa offers powerful opportunities for entrepreneurs to establish and grow businesses in the United States. However, success depends on meeting USCIS requirements, making the right level of investment, and strategically preparing your petition.
The immigration attorneys at Green Card Link specialize in E-2 and EB-5 investor visas and can guide you every step of the way—from preparing your business documentation to ensuring compliance with all USCIS rules.
Schedule a consultation today with an immigration attorney at Green Card Link to discuss your E-2 visa investment options and begin your path toward U.S. residency.