Who this is for
- Nationals of a country that has a treaty of commerce and navigation (or similar agreement) with the U.S. that covers E-2
- Investors who have put, or are actively putting, a substantial amount of their own capital at risk in a real, operating U.S. business
- Investors coming to develop and direct the business, usually with at least 50% ownership or operational control
- Businesses that are active and more than marginal — able to support more than just the investor's family
- Certain key employees of the E-2 business who have the same treaty nationality
Forms involved
| Form | Official name | What it does |
|---|---|---|
| DS-160 | Online Nonimmigrant Visa Application | The general visa application each applicant completes before the consular interview. |
| DS-156E | Nonimmigrant Treaty Trader/Investor Application | The E visa application that describes the business and investment, submitted with the consular case. |
| I-129 | Petition for a Nonimmigrant Worker | Used with the E supplement to request a change of status to E-2 or an extension from inside the U.S. |
| I-539 | Application to Extend/Change Nonimmigrant Status | Used by a spouse or children in the U.S. to change to or extend E-2 dependent status. |
Step by step
- Confirm treaty nationalityCheck that the investor (and the business ownership) holds the nationality of an E-2 treaty country on the State Department list.
- Invest in a real businessCommit the investment funds to buying or starting an active business, so the money is at risk and not just held in an account.
- Prepare the business caseGather evidence of the investment, the source of funds, ownership, and a business plan showing the company is not marginal.
- Apply at a consulate or file with USCISMost investors file the DS-160 and E visa application and attend an interview abroad; some in the U.S. instead file Form I-129 to change status.
- Enter and run the businessOnce approved, the investor enters in E-2 status and directs the business. Family members may come as dependents.
- Renew as neededThe visa and status can usually be renewed as long as the business keeps operating and meeting E-2 requirements.
Documents usually requested
- Passport showing treaty country nationality
- Proof of investment, such as bank transfers, purchase agreements, leases and receipts
- Source-of-funds evidence showing how the investor obtained the money
- Business formation and ownership documents
- Detailed business plan with hiring and revenue projections
- Evidence the business is operating, such as licenses, contracts, payroll or tax filings
- Résumé showing the investor's ability to develop and direct the business
- Marriage and birth certificates for family members
How long it takes
Timing depends mostly on the consulate's workload and appointment availability, or on USCIS processing for change-of-status cases. Each embassy may have its own E visa procedures and document format.
Government filing fees
The DS-160 visa application carries a State Department fee, and some nationalities pay an extra reciprocity fee when the visa is issued; Form I-129 and Form I-539 carry USCIS fees. Fees change, so check the State Department and the USCIS fee schedule (G-1055).
Working and traveling while you wait
The investor may work only for the E-2 business. E-2 spouses are generally authorized to work incident to their status (their I-94 is usually annotated to show this), while children can study but not work. Investors can travel with a valid E-2 visa stamp.
Common mistakes to avoid
- Applying with nationality from a country that does not have an E-2 treaty
- Keeping funds in a bank account instead of committing them to the business
- Investing too little relative to the cost of the business, or having a business that only supports the investor's family
- Weak or missing source-of-funds records
- Assuming E-2 leads directly to a green card — it is a temporary visa
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
How much do I need to invest for an E-2 visa?
There is no fixed minimum; the investment must be substantial relative to the total cost of the business. A lower-cost business generally needs a higher percentage of its cost to be invested, and an attorney can help assess a specific plan.
Which countries qualify for the E-2 visa?
Only nationals of countries that have a qualifying treaty with the U.S. can apply. The State Department keeps the official list of treaty countries.
Can my spouse work on an E-2 visa?
Yes, E-2 spouses are generally authorized to work because of their status, and the I-94 record is usually annotated to show this. Children of E-2 investors can attend school but generally cannot work.
Can I get a green card through the E-2 visa?
Not directly. E-2 is a temporary visa, but some E-2 investors later qualify for a green card through another path, such as EB-5 or an employer or family petition.
Can I apply for E-2 from inside the U.S.?
Yes, in some cases. A person in valid status can ask USCIS to change to E-2 by filing Form I-129, but travel abroad later usually requires getting an E-2 visa stamp at a consulate.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.