Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer. Licensed in the USA. Georgia State Bar member. AILA member.
Asked Most Often
Is there a minimum investment for an E-2 visa?
No. US law sets no minimum. The test is whether your investment is substantial relative to the total cost of the business. Consular officers in practice grow comfortable from around USD 100,000, but that figure appears nowhere in law.Full detail, with the governing citations: E-2 visa requirements.
How long does an E-2 visa take?
Filed at a consulate, the E-2 skips USCIS entirely, which makes it one of the faster business routes. Actual timing is driven almost completely by appointment backlogs at your chosen post.Current timings by consulate: E-2 visa processing times.
Can I be a passive investor on an E-2 visa?
No. This is the single most common misunderstanding we correct. The E-2 requires you to develop and direct the enterprise. Holding shares without an operational role will not support the visa, and a purely speculative investment does not qualify at all. If passive investment is what you want, EB-5 is the category built for it.Can I get an E-2 visa if my country has no treaty with the US?
Not on your current nationality, but citizenship by investment can create eligibility. Grenada and Turkey both hold E-2 treaties and both run investment-based citizenship programmes. A domicile period may apply.Does an E-2 visa lead to a green card?
Not by itself. The E-2 is a non-immigrant visa. Many holders transition later via EB-5, EB-1C or L-1A once the business has grown, but because the E-2 is not a dual-intent category that move needs planning from the start rather than improvising at renewal.Quick Answers at a Glance
If you only need the one-line version, it is below. Each row links to the guide that covers the topic in full.
| Question | Short answer |
|---|---|
| Is there a minimum investment? | No statutory minimum. Around USD 100,000 in practice. Requirements → |
| What does the whole process cost? | Government and professional fees are separate from the investment itself. Costs and fees → |
| Can I be a passive investor? | No. You must develop and direct the business. |
| Can I have a business partner? | Yes, if you can show you direct and control the enterprise. |
| Can I run it from home? | Possible, but it makes the case materially harder. |
| Can my spouse work? | Yes, for any US employer, incident to status. |
| Can I renew indefinitely? | Yes, there is no cap on renewals. Renewal guide → |
| Does it lead to a green card? | Not directly. Transition routes exist but need planning. |
| What if my business fails? | Your status rests on the business. Act before it closes, not after. |
| Am I a US tax resident? | Possibly, via the substantial presence test. Take tax advice. |
Table of Contents
E-2 Visa FAQs: Eligibility and Nationality
Who qualifies for an E-2 visa?
In short: a national of a treaty country who invests a substantial, irrevocably committed sum in a real for-profit US business that is not marginal, controls at least 50% of it, can show the funds were lawfully obtained, and states an intention to depart when status ends.
Each test, with the governing FAM citation: E-2 visa requirements.
Which countries have an E-2 treaty with the United States?
Around 80 countries hold a qualifying treaty. India and China do not. Validity periods and reciprocity fees vary considerably between them.
Full filterable list with validity and fees: E-2 treaty countries.
Can I apply for an E-2 visa while I am already in the United States?
You can apply to USCIS for a change of status to E-2, which lets you begin operating the business without leaving. But a change of status grants E-2 status, not an E-2 visa — and the two are not the same thing. Once you leave the US you will need to attend a consulate to obtain the actual visa before you can re-enter. For that reason most of our clients who intend to travel apply at a consulate from the outset. If you are already in the US and simply cannot afford to pause the business, change of status is the pragmatic route.
The two routes compared: consular processing vs change of status.
Do I have to live in the United States full time on an E-2 visa?
There is no minimum-days rule, and no requirement to relocate permanently. What you do have to do is genuinely direct and develop the business, which for most people means being present for a substantial part of the year. Investors who visit for a fortnight a quarter and leave the business to a manager tend to run into difficulty at renewal, because the file no longer shows an investor directing an enterprise. There is also a practical tension worth naming early: extended absences can weaken your E-2 case, while extended presence can create US tax residency. Those two pressures pull in opposite directions and are worth planning around before you file.
Do I need to keep a home or ties in my own country?
No. This surprises people who have been through other visa categories. Under 9 FAM 402.9-4(C) you do not need to maintain a residence abroad and you may move your household to the US. A simple statement of intent to depart when your E-2 status ends is sufficient. Some consular officers will still ask about it, so be ready to answer, but there is no requirement to prove foreign ties.
E-2 Visa FAQs: The Business Itself
What businesses qualify for an E-2 visa?
The business must be real, active and for-profit, producing goods or services. Restaurants, franchises, consultancies, logistics, light manufacturing, retail, trades and professional services all routinely qualify. What does not: non-profits and 501(c)(3) entities, purely speculative holdings, passive real-estate portfolios, and companies that exist only on paper. The test is not the sector. It is whether there is an operating enterprise that you personally direct.
What is the best type of business for an E-2 visa?
There is no officially favoured sector, but some profiles are consistently easier to document. Businesses with premises, employees and visible trading activity make the strongest files, because they answer the marginality question by simply existing. Buying a business that already trades is often stronger than a start-up, since you can show revenue rather than project it. The weakest profiles are consultancies with one person, no premises and no staff — not because they are disqualified, but because everything then rests on the business plan. Choose the business that suits you commercially, then let us tell you where the evidential gaps will be.
Can I get an E-2 visa with a business partner?
Yes. What matters is that you can establish you direct and control the enterprise, and 50% ownership is the cleanest way to show it. Two nationals of the same treaty country can each hold 50% and both qualify for E-2 visas on the same business. Holding less than 50% can still work where the majority is held by persons of the same treaty nationality, but those structures need careful documentation of your operational control — board rights, signing authority, day-to-day management — because ownership alone will no longer carry the argument. Partnerships with a US citizen partner are common and workable; just be aware that the US partner adds nothing to your nationality case.
Can I run my E-2 business from a home office?
It is possible, but it makes the case harder and you should go in knowing that. Consular officers lean on physical premises as evidence that the enterprise is real, operational and not marginal, and a signed commercial lease is one of the most persuasive documents in an E-2 file. If your business genuinely does not need premises — software, consulting, e-commerce — expect to compensate elsewhere: signed customer contracts, employees on payroll, equipment, a demonstrable trading history, and a business plan that explains why premises are unnecessary rather than unaffordable. A co-working membership with a registered business address is a common middle path.
What happens if my E-2 business fails or closes?
Your E-2 status rests on the business. If the enterprise ceases to operate, the basis for your status goes with it, and you are expected to depart or change to another status. The important point is timing: options exist while the business is still trading and narrow sharply once it has closed. If the business is struggling, speak to an attorney at that point, not after the fact. Depending on circumstances the route forward may be selling the business to another E-2 investor, restructuring, or moving to a different category.
Can I change or sell my business after my E-2 is approved?
Yes, but not silently. A substantive change in the enterprise — a different line of business, a sale, a merger, a major restructuring — can affect the basis on which your visa was granted. Where the change is material you may need to notify USCIS or address it at your next application. Selling the business outright generally ends your E-2 basis unless you reinvest in a qualifying enterprise. Minor commercial evolution is fine and expected; consular officers do not require a business to be frozen in the shape it had at filing.
Can I buy a franchise on an E-2 visa?
Yes, and it is one of the strongest routes, because franchises come with documented costs, a proven model and a clear paper trail.
Franchise-specific guidance: E-2 visa franchises.
What is a “marginal” enterprise, and why does it keep coming up?
A business is marginal if it exists only to provide a living for you and your family. It must have the capacity to generate more than that, or to make a significant economic contribution within five years. Employing US workers is the simplest way to demonstrate it; a plan promising only future hires invites questions.
The marginality test in full: E-2 visa requirements.
Question not answered here?
Most E-2 questions turn on facts — your nationality, your capital, the business you have in mind. Thirty minutes with an attorney who files these applications will tell you more than any FAQ page can.
Request Guide to Passing E-2 Visa Interview
E-2 Visa FAQs: Money and Investment
How much does the E-2 visa process cost, separate from the investment?
Government filing and reciprocity fees, attorney fees and business-plan costs sit outside the investment itself and are non-recoverable.
Itemised breakdown and calculator: E-2 visa costs and fees.
Does the E-2 investment have to be cash?
No. Equipment, inventory, intellectual property, fit-out costs and in some cases the value of a lease can all count toward the investment. What matters is that the value is real, documented and committed to the business. Non-cash contributions need independent valuation — your own estimate of what your equipment or IP is worth will not carry weight on its own. Mixed investments are entirely normal: cash for working capital, equipment on the balance sheet, a fitted-out lease.
Where do my funds have to be held before the interview?
They must be irrevocably committed, which means money sitting in your personal bank account does not qualify. Escrow is the standard solution and is returnable if the visa is refused.
How E-2 escrow works: E-2 visa escrow.
Can I borrow the money for my E-2 investment?
Partly. Funds secured against your own personal assets can qualify, because you personally bear the risk. Funds borrowed against the assets of the US business itself generally cannot, because the enterprise rather than you is at risk — and putting your capital at risk is the point of the category. Gifts from family are acceptable provided the gift is genuine and unconditional and the donor can show a lawful source. Whatever the route, the paper trail from origin to the business account matters more than the amount.
E-2 Visa FAQs: Family and Work
Can my spouse work on an E-2 visa?
Yes, for any US employer, in any role, incident to status — no separate work permit needed in most cases. It is one of the most valuable features of the category.
Can my children study, and can they work?
Unmarried children under 21 hold derivative E-2 status and may attend school at any level, from primary through university, generally paying in-state tuition where they meet residency rules. They may not work. That restriction catches families out when a teenager wants a summer job.
What happens when my child turns 21?
Derivative E-2 status ends. There is no age-out protection in this category equivalent to the Child Status Protection Act provisions some immigrant categories enjoy, so the date is hard. Families generally plan for one of three routes: the child moves to F-1 student status to continue studying, qualifies for their own work visa, or is included in a parallel immigrant petition timed to conclude before the birthday. All three take months to arrange, so the conversation belongs a year or two ahead of the date rather than in the month before it. If you have a child aged 18 or over, raise it at your first consultation.
Can I employ people from my own country on the E-2?
Only if they share your treaty nationality. The E-2 employee visa covers executives, supervisors and essential-skills employees who hold the same nationality as the investor. It is not a general route for bringing in a foreign workforce, and staff of other nationalities will need their own basis to work in the US.
Can I work for another company while on an E-2 visa?
No. Your E-2 authorises work in the treaty enterprise only. Taking a salaried role elsewhere is unauthorised employment and puts your status at risk. This differs from your spouse, who faces no such restriction.
E-2 Visa FAQs: Status, Tax and Refusals
How long is an E-2 visa valid, and how many times can I renew?
Initial validity follows the reciprocity schedule for your nationality and runs from 3 to 60 months. There is no cap on renewals.
Renewal process and what has changed for 2026: E-2 visa renewal.
Do E-2 visa holders get an alien registration number (A-number)?
Usually not. A-numbers are generally assigned in immigrant and certain employment-authorisation contexts, and most E-2 holders coming through consular processing never receive one. You may be issued one if you later file for adjustment of status or apply for an EAD in another capacity. If a form asks for an A-number and you do not have one, that is normal — write “N/A” rather than inventing a number or leaving the field blank. Your I-94 record and visa foil are the documents that matter for E-2 purposes.
Am I a US tax resident on an E-2 visa?
Possibly, and this is the question clients most often get wrong. Unlike green card holders, E-2 holders are not automatically taxed on worldwide income by virtue of their status. But the substantial presence test can make you a US tax resident based purely on days physically present, regardless of visa type. Spend enough time in the US and you will be treated as a resident for tax purposes whatever your immigration category says. This is a question for a US tax adviser, not an immigration attorney, and it is worth asking before you arrive rather than in your first April.
What happens if my E-2 application is refused?
Consular decisions are usually “refusals” under section 221(g) rather than outright denials, and many are curable — the officer identifies what is missing and you supply it. There is, however, no formal appeal from a consular decision, which is why getting the filing right first time matters more in this category than in most. Escrowed funds are returnable if the visa is refused. If you have been refused elsewhere, bring the refusal paperwork to your consultation; the reason given usually tells us exactly what the next filing needs to address.
Can I reapply after an E-2 refusal?
Yes. There is no bar on reapplying and no waiting period, but reapplying with the same file usually produces the same result. Since the March 2026 update to 9 FAM 403 confirmed consular records are digitised and retained, officers can see your earlier filing — so a second application needs to visibly address what went wrong, not simply resubmit and hope for a different officer.
Country Specific E-2 Guides:
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E2 Visa for Australian nationals -
E2 Visa for British nationals -
E2 Visa for Korean nationals -
E2 Visa for Italian nationals -
E2 Visa for Indian nationals -
E2 Visa for Vietnamese nationals -
E2 Visa for Israeli nationals -
E2 Visa for Egyptian nationals -
E2 Visa for Czech nationals -
E2 Visa for Chilean nationals -
E2 Visa for Ukrainian nationals -
E-2 Visa for German Nationals -
E-2 Visa for Taiwanese Nationals -
E-2 Visa for Filipino Nationals -
E-2 Visa for Mexican Nationals -
Visa E2 pour les ressortissants français
About the Authors
Mark I. Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
Latest case studies
- June 2024 - E2 treaty investor visa application approved for a UK citizen
- July 2024 - E-2 Treaty investor visa application approved for a UK citizen
- July 2024 - E2 Treaty Investor Visa Application approved for a UK citizen
- Change of status application from F-1 to E-2 treaty investor
- E-2 Essential Employee: Singapore
- E-2 treaty investor Visa application approved for a UK national
- E-2 Treaty investor visa approved for a Bangladesh citizen
- E-2 Treaty investor visa for a UK national valid for 5 years
- E-2 Visa application approved for an Australian citizen
- 5-Year E-2 treaty investor visa issued to a Filipino citizen
- E-2 Visa in the “essential employee category” approved for a Singaporean national.
- U.S. visas for critical employees of a Singapore-based wealth management company
- E-2 for Footwear / Fashion | Germany Visa Lawyers Davies & Associates LLC
- Change of Status E2 Treaty Investor: Pakistan
- E-2 Status for Indian-born purchaser of Retail Business with Australian Passport
- E-2 Treaty Investor Visa Application approved for a UK citizen
- E-2 Treaty investor Visa application approved for a Filipino investor.
- E-2 Visa for Design and Decorating Enterprise
- E-2 Visa for a Founder/CEO of a Real Estate Investment Firm
- E-2 Visas for UK nationals valid for 5 years
- E-2 for Real Estate Development
- E-2 for Real Estate Start-Up Firm
- E-2 for a Recreational Water Sports Company
- E-2 treaty investor visa for a UK national valid for 5 years
- E2 Treaty Investor - Rug & Carpet Retail and Wholesale
- E2 Treaty Investor Visa for Aviation Industry
- E2 visa for Commercial Lighting Fixtures
- Grenada CBI Coupled with a USA E-2 Visa
- भारत में जन्मे ऑस्ट्रेलियाई के लिए कैलिफोर्निया में स्टोर खोलने के लिए E-2 वीजा
- E 2 Visa 2026: Three Visas With USD 50,000 Cash
- August 14th, 2024. E-2 treaty investor visa approved for a UK national
- August 15th, 2024. E-2 visa application approved for a UK national
- August 2024. E-2 Visa Approved for Yet Another Employee of a Wealth Management Company
- August 2024. Renewal application for E-2 Visa approved for a Canadian Citizen
- August 2024. U.S. Consulate issues immigrant visas to Indian EB-5 investor and family
- E 2 Visum Fallstudie 2026: 3 Visa genehmigt
- E-2 Visa for Coffee Shop for Couple from La Rochelle - USD 85,000 Escrowed Investment
- E-2 Visa for French Wine Producer from Lyon - USD 60,000 wine stock used as investment
- E-2 Visa for Leading Fashion Designer
- E-2 Visa validity based on reciprocity schedule
- E-2 Visas issued by the us embassy in London to the principal applicant and to his spouse and child
- E-2 treaty investor visa for an Italian citizen issued by the U.S. Embassy in Singapore
- E-2 visa for a UK citizen and E-2 derivative visas for his wife and son
- Five (5) E-2 visas issued by the U.S. Embassy in Manila
- Le visa E2 pour un café emmène un couple de La Rochelle à Miami
- UK national: E-2 Treaty Investor Visa application approved
- Visa E2 pour un producteur de vin français
Why make Davies & Associates Your E2 Visa Lawyers
Davies & Associates has helped hundreds of families move to the United States on the E-2 visa.
In fifteen years, no E-2 application we prepared has been denied when clients followed our advice.
Our attorneys were among the first to obtain a CBI-based E-2 visa. We did this through the Grenada Citizenship by Investment Program and Turkish Citizenship by Investment.
Awards
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E-2 Visas for UK Citizens
E-2 Visas for Italians
E-2 Visas for Australians
E-2 Visas for Singaporeans
E-2 Visas in New York City
E-2 Visas for Canadians
E-2 Visas from the UAE
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E-2 Visas for French
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Looking to acquire an E2 Visa?
We are known for our creative solutions that obtain "impossible" visas. We solve the most complex immigration problems for businesses, investors, individuals, and families.
E2 Visa Immigration lawyer near meSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.
Individual seeking 'Impossible' TN VisaD&A was very detail-oriented and very thorough in what they did. They worked on my case 24/7 and were very patient in answering all my questions.
E-2 Visa ClientMy case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.
E2 + CBI ClientD&A was my guiding light through the entire EB-5 process.
EB-5 Visa ClientI would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E-2 visa. The most important thing is a good team behind you. With Davies & Associates, you're in safe hands... you need someone who can support you on the ground and, again, you are well taken care of by D&A. The people are really warm, very helpful and quite open-minded when it comes to business... Not to mention as a passport it's great from a travel perspective... It's just 4 to 5 hours from New York.
Grenada CBI + E2 Visa ClientThe entire process of getting an EB-5 visa is handled in a professional way by Mark Davies and his team. EB-5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H-1B route for my children, but it became unreliable and so I looked to the EB-5 visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.
Parent of 2 EB-5 visa holdersI'm in the process of extending my L-1 visa. I submitted a few questions regarding my case, and he contacted me back almost immediately, both by email and telephone. Unlike other attorneys I met before, he gave me the impression of knowing off the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.
L-1B Visa HolderMark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.
E2 Visa for Small Professional Business With International OfficesDavies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in a highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.
Complex Fiancée Visa Need Involving Multiple International JurisdictionsSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.
Individual Seeking 'Impossible' TN VisaI was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.
Doctor Seeking J1 Visa WaiverI am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.
U Visa Applicant, A Victim of CrimeLooking to relocate or having trouble with a visa application?
We are known for our creative solutions that obtain "impossible" visas. We solve the most complex immigration problems for business, investors, individuals and families.
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