E-2 Treaty Investor Visa
For ambitious foreign entrepreneurs, the E-2 Treaty Investor Visa offers one of the most direct opportunities to live and work in the United States while building and operating your own business. Unlike the H-1B and other popular visa options, the E-2 visa process is often more straightforward. However, qualifying can be complex, requiring careful preparation and legal guidance. Understanding the eligibility requirements is the first step toward determining whether this path is right for you.
If you are considering pursuing an E-2 visa, scheduling a consultation with an experienced immigration attorney at Green Card Link can help you assess your qualifications and guide you through every step of the process.
When the E-2 Visa May Be Right for You
The E-2 Treaty Investor Visa is a nonimmigrant visa available to foreign entrepreneurs whose country maintains a Treaty of Commerce and Navigation with the United States. This visa category empowers eligible investors to either establish a new business or expand the operations of an existing one within the U.S. By doing so, they actively develop, direct, and grow the enterprise while residing lawfully in the country.
E-2 Visa Requirements
To obtain E-2 classification, applicants must meet the following key requirements:
- Nationality Requirement
- You must be a citizen of a treaty country recognized by the U.S. Department of State.
- Nationals of the United Kingdom must also demonstrate residency in the U.K. to qualify.
- Residence in the treaty country is not required at the time of application, but nationality is mandatory.
- Family members do not need to share the investor’s nationality, though any essential employees brought under the E-2 visa must hold the same nationality as the principal investor.
- Substantial Investment
- Applicants must invest—or be in the process of investing—a substantial amount of capital in a bona fide U.S. enterprise.
- The investment must involve actual financial risk, meaning the funds are subject to partial or total loss if the business fails.
- Investment funds must come from legitimate sources and cannot be tied to criminal activity.
- What counts as “substantial”?
- The investment should represent a significant percentage of the total cost of purchasing or launching the business.
- A token down payment is insufficient; the amount must be large enough to demonstrate real commitment.
- The funds must be adequate to successfully establish and operate the business.
- The Proportionality Rule
- For lower-cost businesses (e.g., $100,000), a very high percentage—often 75% or more—must be invested.
- For high-cost businesses (e.g., $2 million), a lower percentage, such as 30%, may be acceptable because the dollar amount itself is substantial.
- Control of the Enterprise
- Investors must be coming to the U.S. solely to direct and develop the business.
- This is typically proven through at least 50% ownership of the company or through holding a senior managerial role with operational control.
- Bona Fide Business Requirement
- The enterprise must be an active, lawful, and profit-generating commercial venture that produces goods or services.
- Passive investments—such as purchasing property without operating a business—do not qualify.
- Not a Marginal Enterprise
- The business must have the capacity to generate more than minimal living income for the investor and their family.
- A marginal business is one that provides only enough income for basic living expenses without contributing meaningfully to the U.S. economy.
- To meet this requirement, the enterprise should demonstrate a clear ability to grow, often shown through job creation for U.S. workers.
- Under 8 CFR 214.2(e)(15), a new enterprise may still qualify if it can show a credible plan to reach profitability within five years of the investor’s E-2 status start date.
Why Work with Green Card Link?
The E-2 visa offers incredible opportunities, but it also comes with detailed requirements that demand careful attention. At Green Card Link, its immigration attorneys have the experience to help you structure your investment, document your eligibility, and present the strongest possible case to U.S. immigration authorities.
E-2 Visa Fees, Processing Time, Benefits, and Green Card Options
The E-2 Treaty Investor Visa is a powerful tool for foreign entrepreneurs who want to establish and operate a business in the United States. Understanding the fees, application process, and benefits—as well as the potential disadvantages—can help you determine whether this visa is the right fit for you and your family. At Green Card Link, its immigration attorneys are dedicated to guiding investors through every stage of the E-2 visa process.
E-2 Visa Filing Fees
Filing from Outside the U.S.
If you are applying from abroad, you will need to file Form DS-160. This comes with a $315 government filing fee. Each family member or employee who applies under your case must also file a separate DS-160 form with the same fee.
Filing from Inside the U.S.
Applicants already in the United States must file Form I-129, which has a filing fee of $1,015. However, if you qualify as a Small Employer or Nonprofit Organization, the reduced filing fee is $510.
Premium Processing Option
For those seeking a faster decision, USCIS offers premium processing. By filing Form I-907 and paying an additional $2,805, your petition will be reviewed within 15 business days.
E-2 Visa Processing Times
Applying Outside the U.S.
When filing at a U.S. consulate or embassy abroad, processing times vary by location. Some consulates process applications within a few weeks, while others may take several months depending on local backlogs.
Applying Within the U.S.
If you are already in the country and filing with USCIS, standard processing for Form I-129 typically takes three to four months. However, delays can occur depending on the caseload at your assigned service center. Premium processing is available to reduce this timeline to just 15 business days.
Benefits of the E-2 Treaty Investor Visa
The E-2 visa offers significant advantages to investors, their families, and even certain employees:
- Freedom of Travel: You can freely enter and exit the United States.
- Work Authorization: You are authorized to work for your U.S. business.
- Long-Term Stay: You may remain in the U.S. with the option to extend your stay in two-year increments.
- Bring Your Team: Eligible employees who share your nationality can accompany you under E-2 status.
- Family Benefits: Your spouse and children under 21 can join you in the U.S. Spouses automatically qualify for work authorization, while children can attend U.S. schools and universities without needing an F-1 student visa.
Disadvantages of the E-2 Visa
While the E-2 visa is highly flexible, there are some limitations to consider:
- Available only to nationals of countries that have treaties with the U.S.
- You must work exclusively for the business tied to your E-2 visa.
- Approval is granted in two-year increments only.
- Your investment funds must be “at risk,” meaning you cannot simply keep money in a bank account. Instead, funds should be committed to business expenses such as leasing property, marketing, or escrow deposits.
E-2 Visa Period of Stay
Although your visa may be issued for three months to five years (depending on your country’s reciprocity agreement), your actual authorized stay in the U.S. is two years at a time. Extensions are available indefinitely in two-year increments, as long as you continue to maintain your business and comply with visa requirements.
Every time you travel abroad and re-enter the U.S., you are typically granted a fresh two-year admission period.
How to File for the E-2 Visa
Inside the U.S.
If you are in the U.S. under another nonimmigrant visa, you must file Form I-129 with USCIS to change your status to E-2.
Outside the U.S.
Applicants residing abroad must complete Form DS-160 with the Department of State and attend a visa interview at their local U.S. embassy or consulate. During the interview, an officer will carefully review your supporting documents and business plan to verify the legitimacy of your investment. Honesty and full disclosure are critical.
Bringing Family and Employees on the E-2 Visa
One of the greatest benefits of the E-2 visa is the ability to bring both family members and essential employees.
- Family Members: Spouses and children (under 21) are eligible for derivative E visas regardless of their nationality.
- Employees: To qualify, employees must share the same nationality as the primary E-2 investor.
Transitioning from E-2 Visa to Green Card
Although the E-2 visa is a nonimmigrant visa, many investors explore ways to transition to permanent residency. This process is delicate because of the E-2’s nonimmigrant intent requirement.
When moving from an E-2 visa to a green card, investors must file Form I-508, which waives certain rights under the treaty between the U.S. and the investor’s home country.
The most common pathways include:
- Employment-Based Green Cards
- Investment-Based Green Cards (EB-5)
- National Interest Waiver (EB-2 NIW)
At Green Card Link, its immigration attorneys carefully evaluate each client’s situation to determine the best green card strategy while maintaining compliance with U.S. immigration law.
EB-5 Green Card for Foreign Investors
For many E-2 visa holders, the EB-5 investor green card is one of the most accessible pathways to permanent residency, thanks to its comparable investment requirements. To qualify for an EB-5, you must commit at least $1,050,000 into a U.S. business, or a reduced amount of $800,000 if your investment is made in a Targeted Employment Area (TEA), which can include certain rural regions or infrastructure projects.
The first step in the EB-5 process begins once you’ve made the qualifying investment. You will need to file Form I-526 with U.S. Citizenship and Immigration Services (USCIS) along with the required filing fees.
Once USCIS receives your petition, that submission date becomes your priority date. It is critical to track this date carefully and monitor it against the monthly Visa Bulletin released by the Department of State. When your priority date matches or surpasses the final action date for your specific green card category and country of origin, it will be considered current, and a visa number will be made available to you.
When your priority date becomes current, you generally have two options to continue your green card process:
- Adjustment of Status – If you are already in the United States under a valid nonimmigrant visa, such as an E-2, you can file Form I-485 to adjust your status from nonimmigrant to immigrant. While this is usually the more straightforward route, it often takes between six to twelve months and may involve additional costs depending on factors like your age.
- Consular Processing – Alternatively, you may choose to process your EB-5 visa through a U.S. consulate in your home country.
The EB-1 Green Card
The EB-1 green card is designed for individuals who have demonstrated extraordinary ability, outstanding professors or researchers, and multinational executives or managers. Unlike many employment-based visas, the EB-1 category allows you to apply without an employer sponsor. To start, you must file Form I-140 with USCIS.
The EB-2 Green Card
The EB-2 green card is available to professionals who hold advanced degrees or possess exceptional ability in their field. Although it is less common for E-2 visa holders to pursue the EB-2 route, it remains a viable option, particularly through the PERM Labor Certification process or the National Interest Waiver (NIW). Like the EB-1, the EB-2 process requires filing Form I-140 with USCIS.
What Happens After an E-2 Visa Denial
A major concern for many applicants is the possibility of an E-2 visa denial or rejection. Understanding the difference between the two and knowing your options is essential.
Denial vs. Rejection
- A rejection occurs during the initial review stage if USCIS finds that your petition is incomplete, missing required documents, or filed with incorrect fees. Rejections are generally administrative errors that can often be corrected and refiled, though new filing fees will apply.
- A denial happens when an officer reviews your case on its merits and determines that you do not qualify. Common reasons include investments deemed insubstantial or insufficient evidence of your ability to develop and direct the enterprise. Sometimes, USCIS may issue a Request for Evidence (RFE) before making a final decision.
In either case, working with an immigration attorney at Green Card Link is vital to identifying the issue, correcting deficiencies, and pursuing the best path forward.
Options After an E-2 Visa Denial
If your E-2 petition is denied, you still have potential remedies, including:
- Motion to Reopen – If new facts, documentation, or evidence could change the outcome, you may request that USCIS reopen your case.
- Motion to Reconsider – If you believe the decision was legally or factually incorrect, you (through your attorney) may ask USCIS to reconsider the denial.
- Administrative Appeal – In some cases, you can appeal the decision to the Administrative Appeals Office (AAO), which has the authority to review and overturn USCIS denials.
Each option requires careful strategy, and it is crucial to proceed under the guidance of an experienced immigration attorney.
How Green Card Link Can Help
Investors understand the risks of failing to protect their financial commitments. The same principle applies to immigration: overlooking details in your E-2 or EB-5 process can result in significant losses of both time and money. That’s why securing knowledgeable representation is essential.
At Green Card Link, its immigration attorneys have extensive experience guiding entrepreneurs and investors through the complexities of E-2 visas, EB-5 green cards, and other U.S. immigration options. The immigration attorneys at Green Card Link can help you prepare your filings according to USCIS and Department of State requirements, identify the most effective strategies for your case, and provide solutions if you face unexpected challenges such as a denial or RFE.
Whether you are starting your investment journey, exploring green card opportunities, or dealing with a visa setback, Green Card Link is here to help you achieve your U.S. immigration goals.