Securing an E2 Visa: The Ultimate Guide for Foreign Investors
Complete Guide to the E-2 Visa
For foreign investors who want to live and work in the United States, the E-2 visa is one of the best options. This visa allows investors to move to the U.S., invest in a business, and actively manage that business.
This guide explains everything you need to know about the E-2 visa in simple terms.
1. What Is the E-2 Visa?
The E-2 visa is a non-immigrant visa that allows foreign investors from treaty countries to live and work in the United States.
A treaty country is a country that has a trade or investment agreement with the U.S., such as Portugal, the United Kingdom, or Japan.
Only citizens of treaty countries are eligible to apply.
2. Who Is Eligible for the E-2 Visa?
The E-2 visa is designed for investors who are nationals of treaty countries. It can apply to:
Individual investors
Businesses owned by treaty nationals
Certain employees of E-2 companies
E-2 Visa Requirements for Investors
To qualify, the investor must:
Be a citizen of a treaty country
Invest a substantial amount of money in a real U.S. business
Show that the investment comes from a lawful source
Place the investment fully at risk
Own at least 50 percent of the business or hold a senior management role
Actively direct and develop the business
Intend to leave the U.S. when the visa expires
The business must be legal, active, for profit, and not marginal.
3. What Is a Substantial Investment?
There is no fixed minimum investment amount.
An investment is considered substantial if:
It is enough to start or buy the business
It allows the investor to run and grow the business
It shows strong financial commitment
In some cases, investments can be as low as $50,000 depending on the business.
4. What Does “At Risk” Mean?
The investment must be fully committed to the business. This means:
The money can be lost if the business fails
The funds cannot be guaranteed or refundable
5. What Is a Marginal Enterprise?
A marginal business is one that only earns enough to support the investor and their family.
To qualify for an E-2 visa, the business must show the ability to:
Generate profit
Grow over time
Create U.S. jobs
This can be proven through financial records or a strong business plan.
6. How Long Does the E-2 Visa Last?
The E-2 visa stamp controls how long you can use the visa to enter the U.S.
It does NOT control how long you can stay once inside the U.S.
On each entry, E-2 holders are typically admitted for up to 2 years, regardless of stamp length.
Note:
Even if:
Your visa stamp is only 1 year, you can still:
Enter the U.S. during that year
Be admitted for up to 2 years per entry
Extend inside the U.S. via USCIS (status, not stamp)
7. Treaty Countries Eligible for E Visas
To qualify for an E-2 visa, the investor must be a citizen of a treaty country.
Treaty countries may qualify under different E visa categories:
E-1 for treaty traders
E-2 for treaty investors
E-3 for certain Australian professionals
Only E-2 classified countries allow investors to apply for the E-2 investor visa.
Treaty Countries Eligible for the E-2 Visa
Below is a list of countries that qualify for the E-2 investor visa. Some countries also qualify for E-1 or E-3 visas.
Countries with E-2 Investor Visa Eligibility
Albania
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahrain
Bangladesh
Belgium
Bolivia
Bosnia and Herzegovina
Bulgaria
Cameroon
Canada
Chile
China (Taiwan)
Colombia
Congo (Brazzaville)
Congo (Kinshasa)
Costa Rica
Croatia
Czech Republic
Denmark
Ecuador
Egypt
Estonia
Ethiopia
Finland
France
Georgia
Germany
Greece
Grenada
Honduras
Ireland
Israel
Italy
Jamaica
Japan
Jordan
Kazakhstan
Korea (South)
Kosovo
Kyrgyzstan
Latvia
Liberia
Lithuania
Luxembourg
Macedonia
Mexico
Moldova
Mongolia
Montenegro
Morocco
Netherlands
New Zealand
Norway
Oman
Pakistan
Panama
Paraguay
Philippines
Poland
Portugal
Romania
Senegal
Serbia
Singapore
Slovak Republic
Slovenia
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Thailand
Togo
Trinidad and Tobago
Tunisia
Turkey
Ukraine
United Kingdom
Important: Treaty eligibility can change. Always confirm using the U.S. Department of State website:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
8. Benefits of the E-2 Visa
The E-2 visa offers many advantages:
You can live and work in the U.S.
You can actively manage your business
Your spouse and children under 21 can join you
Your spouse can apply for work authorization
Your children can attend U.S. schools
No fixed minimum investment
Unlimited renewals
9. What Businesses Qualify?
The business must:
Be located in the United States
Operate legally
Be for profit
Not be marginal
Popular E-2 businesses include service companies, restaurants, startups, and franchises.
Why Franchises Are Popular
Lower investment amounts
Proven business models
Strong business plans
Easier documentation
10. Required Documents
Common documents include:
Proof of nationality
Proof of investment
Source of funds evidence
Business ownership documents
Business financial records
Business plan
Proof the business is not marginal
Applicants inside the U.S. file Form I-129.
Applicants outside the U.S. apply through a U.S. embassy using Form DS-160.
11. Application Process Overview
Inside the U.S.
Invest in the business
File Form I-129
Submit supporting documents
Pay the filing fee
Wait for approval
Premium processing is available.
Outside the U.S.
Invest in the business
Gather documents
Complete Form DS-160
Schedule an interview
Attend the interview
Receive the visa
12. Can E-2 Visa Holders Get Loans?
Yes. E-2 visa holders can apply for loans.
To improve approval chances:
Prepare all documents
Show good credit history
Explain loan use clearly
Consider a U.S. citizen co-signer
13. What If the E-2 Visa Is Denied?
Since the investment must be at risk, denial can be costly.
Using an escrow account can reduce risk. Funds are released only after approval.
14. Can You Get an SSN With an E-2 Visa?
Yes. E-2 visa holders and eligible family members can apply for a Social Security Number if they have work authorization.
15. Travel Rules for E-2 Visa Holders
E-2 visa holders can travel freely
E-2 status holders cannot travel outside the U.S.
Long absences may raise concerns
16. Can the E-2 Visa Lead to a Green Card?
The E-2 visa does not directly lead to a green card.
Possible future options include:
EB-5 investor visa
EB-1 extraordinary ability
EB-2 with National Interest Waiver
Family sponsorship
Employer sponsorship
17. What Happens When the E-2 Visa Expires?
The visa is valid for up to two years.
It can be renewed indefinitely as long as requirements are met.
18. When do you need to renew your E-2 visa?
There are two different "renewals" people confuse. Knowing the difference avoids over-renewing (or worse, falling out of status).
Renew your E-2 visa stamp (travel permission)
You renew the visa stamp when it expires and you want to travel internationally.
Issued only at U.S. embassy/consulate abroad
Validity depends on your contry of citizenship
If it expires while you're in the U.S., you can stay, but can't re-enter without a new stamp
Renew your E-2 status (permission to stay)
You renew status when your I-94 expires (usually every 2 years).
You have two ways to do this:
Option 1 - Exit & Re-enter
Leave the U.S and re-enter with a valid E-2 stamp
You're automatically admitted for another 2 years
Option 2 - USCIS Extension (inside the U.S.)
File an E-2 extension with USCIS
No travel required
Grants another 2 years of status
Does not renew your visa stamp
Best practice: File 90-120 days before your I-94 expiration.
Conclusion
The E-2 visa is an excellent option for foreign investors who want to live and work in the United States.
It allows you to run a business, bring your family, travel freely, and renew the visa without limits.
With proper planning and guidance, the E-2 visa process can be smooth, affordable, and effective.
