E-2 Visa
The E-2 visa is a non-immigrant work visa for nationals of countries that maintain a treaty of commerce and navigation with the United States. It allows qualified investors to enter the U.S. to establish, purchase, or invest in a real, operating business, and to manage and grow the enterprise.
E-2 Visa Eligibility Requirements:
Nationality
The applicant must be a citizen of a treaty country with the U.S. (e.g. Taiwan, Japan, South Korea, the United Kingdom, Canada, etc.).
Substantial Investment
The applicant must have already invested – or be in the process of investing – a substantial amount of capital in a U.S. business. While there’s no official minimum, investments of $100,000-$200,000+ are generally recommended. The required amount depends on the type, size, and operating costs of the business.
Lawful Source of Funds
The investment must come from a legal source, and the applicant must provide clear documentation tracing the origin and transfer of funds. Funds must already be invested or be irrevocably committed—intent along is not sufficient.
Non-Marginal Business
The business must not be marginal, meaning it must have the capacity to generate more than just minimal income for the investor and their family.
Ownership & Control
The applicant must come to the U.S. to develop and direct the business and must demonstrate either at least 50% ownership or a position of executive/operational control.
How to Apply for the E-2 Visa?
Change of Status (If Already in the U.S.):
If you’re already in the U.S. under another valid non-immigrant status, you may apply to change your status to E-2 by filing with USCIS.
Consular Processing (If Outside the U.S.):
Most first-time applicants apply at a U.S. embassy or consulate in their home country or another third country via the visa interview process.
Visa Validity & Extensions
E-2 visas are typically valid for up to five years, depending on your country’s treaty terms. However, each U.S. entry only allows a maximum stay of two years. The visa can be renewed indefinitely, as long as the business continues to operate and visa compliance is maintained.
Dependents
Spouses and unmarried children under 21 can accompany the primary E-2 holder. Spouses may apply for work authorization (EAD) and work for any U.S. employer. Children may attend U.S. public schools, but once they turn 21, they are no longer eligible for dependent E-2 status.