How to Get an E-2 Visa in the USA - Who Qualifies and How to Apply

The E-2 visa is a nonimmigrant visa for an entrepreneur who invests personal funds in a US business and runs it themselves. Only citizens of countries that have a qualifying treaty with the US can apply. There is no fixed investment amount - the consulate looks at whether the funds are enough to start and run that specific business, and whether the business is real. Below, you will find who qualifies by citizenship, how much to invest, which forms and documents you need, what the visa costs, and how to extend status with your family.

What Is the E-2 Visa and What Rights Does It Give

The E-2 visa is often called the investor visa or the E-2 business visa. Calling it a "visa for money" is wrong. The money goes into a specific business under real commercial risk, and the investor runs that business personally.

Investing money alone is not enough for the E-2 visa - you have to show the funds have economic substance. A US consulate abroad issues the visa. USCIS handles E-2 only inside the US, when someone changes status or extends their stay on Form I-129.

What E-2 status gives you:

• live in the US, run the business you invested in, and take income from it;
• work only in that business - a different job is not allowed under investor status;
• enter and leave while the visa is valid; visa length and the number of entries depend on your citizenship;
• extend your stay with no limit on the number of times, as long as the business keeps running; once the visa expires, you get a new one at a consulate.

The investor's spouse and unmarried children under 21 can come along. The spouse can work right away, children can study but not work - more on family status below.

E-2 does not lead to a green card on its own. It is a temporary status that lasts as long as the business runs. If your goal is permanent residence, compare E-2 with an EB-5 green card. The investment there is higher, but the result is permanent resident status.

For many entrepreneurs, E-2 is a first step, but it is only one of the lawful ways to move to the US. Moving to another program later is possible, with one condition. An E-2 holder has to intend to leave the US once the status ends. A pending immigrant petition by itself is not a reason to deny an E-2 extension inside the US, but at a consulate you will need to convince the officer that you will leave when your status ends.

Who Can Get an E-2 Visa - Citizenship and Business Control

The first filter is citizenship. You can apply for E-2 if you are a citizen of a country that has a trade and navigation treaty or a bilateral investment treaty with the US. A few countries got E-2 status through a separate law - Israel, New Zealand, and Portugal. A residence permit, a long stay in another country, or a passport from a country without a treaty will not help. A second citizenship from a treaty country works.

E-2 is available to citizens of Poland, Turkey, Israel, Latvia, Lithuania, Estonia, Mongolia, and several other countries with a qualifying treaty - the full, current list is in the State Department's treaty countries list. If your country of citizenship has no treaty, that citizenship alone will not qualify you - the only route is a second citizenship from a treaty country. No new countries were added in 2025-2026; the most recent addition, through a separate law, was Portugal in March 2024.

The business's citizenship has to match the investor's. The company has to be at least 50% owned by citizens of that same treaty country. Control means owning 50% or more, an equal partnership between two owners with full rights (negative control), or managerial control. The spouse and children can hold any citizenship, but E-2 employees have to hold the same citizenship as the owner.

The investor makes the key decisions and shapes company strategy. A passive stake, where the money is invested but someone else runs the business, does not qualify for E-2. If the owner loses control or the business closes, the status is lost. How much time is left to leave or change status after that is covered in the section on renewal below.

Main E-2 Criteria - Investment, Control, and a Real Business

Officers weigh the whole picture. The consulate checks whether the money is invested and at risk, whether the investor runs the company personally, and whether the business can generate income. A business that exists only for the visa fails on any of these points.

How Much to Invest and What Money Counts

There is no fixed minimum investment for E-2. The rule is proportionality - the investment has to be enough to launch and run that specific business in that specific field. The cheaper the overall project, the larger the share the investor has to fund personally.

The investment has to be:

• already made or irrevocably committed (buying a business on the condition the visa is granted counts if the funds sit in escrow);
• under real commercial risk;
• spent on the business, not just sitting in an account.

The money can come from savings, a gift, an inheritance, or a loan secured by personal assets, including assets in the US. A loan secured by the business's own assets does not count as investment. The source of funds has to be lawful, and the investor has to control the money. The consulate checks where the money came from, how it moved, and what it was spent on, so transfers without real spending behind them do not count as investment.

Besides the business itself, budget for your family's living costs in the first months. There is a detailed breakdown in how much money you need to move to the US.

Marginal Business - What You Need to Show

The business cannot be marginal. It has to generate, now or within five years, more than what covers a minimal living for the investor and their family, or make a real contribution to the economy, for example by creating jobs. A growth plan is not required for E-2.

The business plan needs to show:

• expected revenue and cost structure;
• jobs the business will create;
• state licensing and permit requirements.

Revenue numbers alone are not enough. You need to explain why the model works in the US, in that specific state, and what the owner actually does in it.

If any part of this looks like a formality or is not backed by documents, E-2 requirements count as unmet, even with a full stack of paperwork.

Who E-2 Fits - Applicant Profiles and Business Scenarios

Most often, E-2 goes to owners of small and mid-size businesses who are ready to invest their own money and run the US company themselves. A typical applicant is an entrepreneur with experience in their field. They either start a business from scratch or buy a running one and grow it.

Buying an existing business is allowed, and the purchase price counts as the investment. In practice, a financial track record makes it much easier to prove the business is not marginal. When starting from scratch, everything rests on the business plan, and the numbers in it have to match your contracts, expenses, and interview answers.

E-2 also fits a company that already operates abroad and is opening a branch or subsidiary in the US. The condition is that the US company is at least 50% owned by citizens of a treaty country. Employees come over on E-2 as managers or essential specialists of the same citizenship. If your country of citizenship has no E-2 treaty, a manager can transfer to the US branch on an L-1 visa, with the family on L-2.

If E-2 does not fit by citizenship or budget, compare other US visas for business and investors.

Preparing Documents - What Goes Into the E-2 Business Package

The business package answers the officer's questions - who owns the company, where the money came from, how the business runs, and how the investor controls it. Collecting the papers is not enough - they need to tell a consistent story. When sections of the package contradict each other, the officer can request more evidence or deny the case.

Corporate Documents and Ownership Structure

Registration documents, bylaws or an operating agreement, and beneficial ownership records. These show the consulate who the actual owner is, how shares are split, and whether the controlling person holds citizenship in a treaty country. The same papers show that the owner actually runs the company, not just holds a title.

Finances, Source of Funds, and Proof of Investment

Bank statements, purchase agreements, invoices, payment records, and contracts show the money is already invested and at risk. Separately, you have to document where the funds came from, from savings or a gift to a transfer into the US company's account. The chain needs to read without gaps.

Operations - Lease, Contracts, Staff, Licenses

Lease agreements, contracts with suppliers and clients, licenses, permits, and staffing records. These prove the company operates, not just exists on paper. You will need the same documents at every renewal, so keep them updated from day one.

How to Apply for an E-2 Visa at a Consulate - Forms and Interview

If the owner is outside the US, you apply through a consulate - you cannot file the I-129 petition from abroad. The steps are:

1. Complete the DS-160 form and answer the questions in the E Visa section.
2. Pay the consular fee.
3. Schedule an interview in your country of citizenship or residence.
4. Submit the business package the way the embassy requires.
5. Attend the interview.

You can hand off the document package and interview prep to us - details on the E-2 investor visa service page.

The E Visa Section of DS-160 and Form DS-156E

The main form is DS-160. The investor-owner no longer files a separate DS-156E - the business questions now sit in the E Visa section inside DS-160. DS-156E is still filed by E-1 applicants and E-2 employees, meaning managers and essential specialists. The spouse and children do not need it. That is set out in the State Department's guidance for consular officers on E visas (9 FAM 402.9).

Your answers in the E Visa section have to match your business plan and documents - investment amount, ownership share, role in the company. Any mismatch in the numbers can turn into an interview question.

Embassy Checklist and Submitting the Package

There is no universal template. Every US embassy publishes its own checklist with a package structure, file format, and submission order. Some ask you to send the package ahead of time, others accept it at the interview. Biometrics can be collected with document submission or separately. Before you assemble the package, check the instructions for the embassy where you will interview.

Where the Interview Takes Place

Since October 1, 2025, an in-person interview is mandatory for almost everyone, including E-2 renewals and children under 14. You need to schedule it in your country of citizenship or residence. You can apply in another country, but the wait is usually longer, and the fee is not refunded.

You interview at the US embassy or consulate in your country of citizenship or residence. Presidential Proclamation 10998, in effect since January 1, 2026, does not restrict E-2 issuance for the treaty countries covered in this article.

The Interview - What Officers Ask and Check

The officer reviews the whole case. Expect questions about where the money came from, how the company is structured, what it does day to day, and what the plans are for the next few years. The main thing officers assess is whether the owner understands the business and can run it. Your answers have to match the business package.

After the interview, the visa is either issued, denied, or sent for administrative processing.

How Much Does an E-2 Visa Cost, and How Long Is It Valid in 2026

The consular fee for an E-2 visa is $315. If you are already in the US and changing status or extending your stay, you pay USCIS fees instead.

Companies with 25 or fewer employees pay $510 for I-129 and $300 for the Asylum Program Fee. With premium processing, USCIS decides an I-129 in 15 business days; there is no premium processing for a family member's I-539. Starting November 9, 2026, USCIS only accepts the edition of Form I-129 dated September 9, 2026 (09/09/26 on the form).

Visa validity and length of stay are two different things. How long the visa is valid, and how many times you can enter on it, depends on your citizenship. Each entry gives you up to 2 years, even if the visa itself is valid for less. For example:

The spouse and children get a visa based on reciprocity with their own citizenship, if it is from a treaty country. If not, the length and number of entries follow the investor's citizenship.

E-2 for Family Members - Spouse, Children, and Documents

The investor's family under E-2 means a spouse and unmarried children under 21, and their citizenship can be anything. Their status lasts as long as the investor keeps theirs.

The spouse can work right away. Since January 30, 2022, the right to work is built into the status - proof is the I-94 record with code E-2S. No separate work permit is needed; an EAD card through Form I-765 is optional. The spouse can work for any employer, not only the investor's business.

Children can study at public and private schools and colleges, but they cannot work. At 21, a child loses derivative status, and continuing school needs a change of status, for example to F-1.

For the family, prepare marriage and birth documents, a copy of the investor's visa and status, and a DS-160 for each person - DS-156E is not needed for family members. You can file together with the investor or later, once the investor already has a visa. The consulate checks that the marriage and family relationship are genuine.

After the Visa Is Issued - Entry, Maintaining Status, and Extending E-2

The visa in your passport lets you travel to the US, but the border officer decides on entry. That officer also sets your length of stay on the I-94, up to 2 years per entry.

The conditions under which the visa was issued apply for the whole period. The investor keeps running the company and keeps control, and the company keeps actually operating. Officers review the business and the owner's role at every renewal. The size of the investment is usually not re-evaluated if ownership has not changed. Keep your statements, contracts, and records as if an audit were coming tomorrow.

You can extend your stay two ways:

• inside the US, with an I-129 petition, and I-539 for family (how USCIS extends your stay);
• leave and re-enter on your valid visa - at the border, you usually get a new period of up to 2 years.

There is no limit on the number of extensions. If your visa has already expired, you get a new one at a consulate, with a fresh review of the business.

When the grounds for status disappear, you have to leave the US or change status. After the I-94 expires, you get up to 10 days. If the business closed earlier, you get up to 60 days, once per period of stay. On September 11, 2026, DHS proposed eliminating that 60-day period, but for now it is only a proposal.

E-2 status does not lead to US citizenship. You can apply for citizenship only after a green card, which comes through a separate program.