E-2 Visa for Business Investors: Requirements, Benefits, and Application Guide
If you are a foreign investor planning to apply for an E-2 visa to start or expand a business in the United States, you must first be a citizen of a country that has a Treaty of Friendship, Commerce, or Navigation with the U.S. In addition, you must show clear evidence of your investment—or your intent to invest—in a bona fide U.S.-based company. If these conditions apply to your situation, the E-2 investor visa may be the right path for you.
Why Choose the E-2 Visa for Business Investment?
The E-2 visa is one of the most popular options for entrepreneurs because it allows you to live in the United States and work for the company you invest in. With this visa, you can freely travel in and out of the U.S. while maintaining your investment. Even better, your spouse and dependents under the age of 21 can accompany you, and your spouse may apply for work authorization.
One of the most attractive features of the E-2 visa is its flexibility. While the initial approval is typically valid for two years, you may apply for unlimited extensions as long as you continue to meet the eligibility requirements. This makes the E-2 visa an excellent choice for long-term investors who want to establish a stable business presence in the United States.
For those from countries without the required treaty, or for investors who wish to expand their opportunities beyond a single enterprise, the EB-5 green card may be a better option. At Green Card Link, its immigration attorneys can evaluate your situation and help determine the most effective path for your immigration and business goals.
Key Qualifications for an E-2 Visa
When applying for an E-2 visa, you must demonstrate that you meet several qualifications set by U.S. Citizenship and Immigration Services (USCIS):
1. Investment in a Bona Fide Business
Your funds must be directed toward a real, active, and operating business that produces goods or services for profit. A business that does not generate enough income to support you and your family will be considered “marginal” and result in denial.
2. Substantial Investment Requirement
USCIS requires that your investment be “substantial,” though no fixed dollar amount is set. Typically, the percentage of your contribution compared to the overall value of the business is used to evaluate whether your investment qualifies. For example, investing 10% of a large enterprise, such as a hotel chain, may be sufficient, while purchasing a small bakery may require nearly 100% ownership. As a general guideline, a minimum of $150,000 is often considered acceptable.
3. Proof of Legitimate and Irrevocable Funds
You must show that your capital comes from lawful sources and that it is fully committed
to the business. Evidence may include:
- Tax returns from abroad
- Employment or property records
- Loan or mortgage documents
- Wire transfers, money orders, or canceled checks
4. Ability to Direct and Develop the Business
Applicants must prove they have the authority to manage and influence the company. Acceptable evidence includes a stock purchase agreement, partnership agreement, company by-laws, or documents showing at least 50% ownership or a controlling interest.
How to Apply for an E-2 Visa
Most applicants apply for an E-2 visa through a U.S. Consulate abroad. However, if you are already in the U.S. under another nonimmigrant visa, you may request a change of status to E-2 by filing Form I-129 before your current visa expires. Failing to do so could result in denial, removal, or a ban on reentry.
If you plan to bring your spouse and children, they must also apply to change their status. This can be done by filing a separate I-129 for each family member, or through a single Form I-539. Additionally, your spouse can apply for work authorization by submitting Form I-765 with the appropriate fee.
Supporting documentation is critical. You should provide all available evidence of your investment, ownership, and financial capability. Submitting insufficient evidence could delay or jeopardize your petition, so it is often better to include more documentation than required.
E-2 Visa Processing Time
On average, E-2 petitions filed with USCIS take approximately six months to process. However, this can vary based on workload at the service center or U.S. consulate handling your case. For faster results, you may request premium processing, which shortens the review time to just 15 calendar days for an additional fee. Keep in mind, however, that premium processing does not affect your chances of approval—it only speeds up the decision.
If you are already inside the United States, your status will automatically change to E-2 once your petition is approved. If you are abroad, you will need to go through consular processing, which includes scheduling an interview. The timing of this step depends entirely on the U.S. Embassy or Consulate in your home country.
Get Professional Guidance for Your E-2 Application
Navigating the E-2 visa process requires careful preparation, detailed documentation, and a clear business plan. At Green Card Link, its immigration attorneys are experienced in guiding business investors through every stage of the application process. Whether you are establishing a new enterprise or investing in an existing company, the right legal strategy can help you secure your visa and achieve your entrepreneurial goals in the United States.
E-2 Visa Cost
One of the advantages of the E-2 treaty investor visa is that it is relatively affordable compared to many other U.S. visa options—especially when you set aside the actual business investment requirement. The primary mandatory expenses include the $460 filing fee for Form I-129 and, if applying through a U.S. consulate, the cost of the online visa application fee.
Additional E-2 Visa Costs to Consider
While the required government filing fees are straightforward, there are also optional or situational costs that applicants should take into account:
- Travel Expenses: Any costs related to international travel for consular appointments or business purposes.
- Premium Processing Fee: For applicants who want faster case review, USCIS offers premium processing for $1,440.
- Immigration Attorney Fees: Legal fees vary depending on the complexity of your case and the level of service provided. At Green Card Link, its immigration attorneys offer transparent flat-rate fees for E-2 visa services to help clients plan with confidence.
Summary: The E-2 Visa for Businesses
If you believe your enterprise qualifies as an E-2 treaty investor business, the most important step is to work with an experienced immigration attorney at Green Card Link who can guide you through the process. Filing an E-2 visa requires precise documentation, careful preparation of investment evidence, and compliance with U.S. immigration regulations—areas where professional guidance makes a significant difference.
It is also worth noting that your business model or investment plan may be better suited for a different visa category. Immigration attorneys at Green Card Link have extensive experience helping entrepreneurs, startups, and established companies determine the best path forward. By scheduling a consultation, you can receive a tailored evaluation of your eligibility, explore alternative options if necessary, and take the right steps toward successfully securing your U.S. visa.