| Area | Details |
|---|---|
| Education | JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW) |
| Financial Training | Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting |
| Legal Practice | Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England & Wales | Former CMBS lawyer at one of the world’s largest international law firms |
| Immigration Track Record | 15+ years advising HNW investors | Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally |
| Recognition | Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023) |
| Professional Engagements | Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences |
E-2 Visa Options for Indian Nationals in 2026
US Visa OptionsOpening a US BusinessE2 Visa ProcessE2 Visa Renewal
Executive Summary
Can an Indian citizen get a US E-2 visa? Not as the investor on an Indian passport. India has no E-2 treaty with the United States (see the list of E-2 treaty countries). Indian-born applicants hold E-2 status in two ways.- As a family member. The spouse, and unmarried children under 21, of an E-2 investor or employee receive E-2 visas in their Indian passports. Family members do not need the treaty nationality (State Department guidance on E visas).
- As the investor, with a treaty nationality. An Indian-born investor who holds the nationality of a treaty country, whether by descent, by naturalisation in a country such as Canada, Australia or the United Kingdom, by marriage, or through citizenship by investment, applies as a national of that country.
Table of Contents
- Are Indian Nationals Eligible for an E-2 Visa?
- How Much Do I Have to Invest to Obtain an E-2 Visa?
- What Businesses Qualify for an E-2 Investor Visa?
- How Does an Indian National Qualify to Apply for an E-2 Visa?
- Routes and Timelines for Indian-Born Applicants
- The Amigos Act Three-Year Domicile Rule
- Other US Routes for Indian Founders
- Frequently Asked Questions
What is an E-2 Investor Visa?
An E-2 Investor Visa allows a qualified person to come to the United States for the purpose of “directing and controlling” a business. Many investors and businesspeople use the E-2 Visa to open and operate a new U.S. business.What is an E-2 Employee Visa?
An E-2 employee Visa allows a worker with specialist skills who holds the same nationality as their U.S. E-2 employer to work for that employer in the United States.Key Takeaways:
India is not an E-2 treaty country. Indian-born applicants obtain E-2 status in one of these ways:- As the spouse, or unmarried child under 21, of an E-2 visa holder, with the visa issued in the Indian passport.
- As the investor, after acquiring a treaty nationality: by descent, by naturalisation (Canada, Australia, the UK and others), by marriage to a Grenadian citizen, or through Grenadian citizenship by investment (whether the Grenada donation counts as a “financial investment” under the Amigos Act has not been decided).
- Turkish citizenship by investment is also used, but the Amigos Act domicile rule makes it slow (information only; we do not practise Turkish law).
Since 6 September 2025, the visa application must generally be made in the applicant's country of nationality or residence.
Are Indian Nationals Eligible for an E-2 Visa?
E-2 visas are generally available for the nationals of E-2 visa treaty countries. India does not currently have an E-2 visa treaty with the United States.Despite this, many Indians are surprised to learn that there are Indian nationals with an E-2 Visa in their Indian passport.
There are two ways an Indian-born applicant may obtain an E-2 Visa for the USA:
- As the spouse or child of an E-2 visa holder. This is how an Indian national gets an E-2 visa in an Indian passport.
- As the investor, after obtaining a qualifying nationality such as Grenadian, Canadian, Australian or British. Where the nationality was bought, the Amigos Act adds a three-year domicile requirement.
How Much Do I Have to Invest to Obtain an E-2 Visa?
While there is no minimum required investment for an E-2 Visa, the investment must be “substantial” in relation to the size of the business. While lower investment amounts are approved, most lawyers guide their clients to an investment of One Hundred Thousand United States Dollars (USD 100,000.00).
Read more about the E-2 visa requirements and the full cost of an E-2 visa.
What Businesses Qualify for an E-2 Investor Visa?
Read more about choosing an E-2 business and preparing the business plan
Any business properly formed and legitimately operating in the United States potentially qualifies for the E-2 investor Visa. The business can be in any industry and located anywhere in the United States of America.It is highly advisable to select an E-2 business which has:
- One or more employees
- A place of business suitable for the business involved to operate from
What Businesses Have Indian-Born E-2 Visa Applicants Used?
Our Indian-born E-2 clients have bought and started businesses across a wide range of industries. Two published examples show the two routes in practice:- Retail acquisition in Southern California. An Indian-born client who owned a restaurant franchise in Australia applied as an Australian national to buy and run a retail business in California. His wife, an Indian passport holder, received her E-2 visa as his spouse.
- Grenada citizenship followed by an E-2 visa. A couple first took Grenadian citizenship and then applied for E-2 visas as Grenadian nationals.
How Does an Indian National Qualify to Apply for an E-2 Visa?
Only the nationals of E-2 treaty countries can qualify as the principal E-2 Visa applicant. At the current time, India is not on this list, so the route runs either through a spouse or through a second nationality.Spouses of E-2 Visa Holders
An Indian national who is married to an E-2 Visa holder can receive a derivative E-2 Visa in their Indian passport. The Indian spouse of an E-2 Visa applicant can apply for an E-2 Visa in their Indian passport at the same time as their qualifying spouse or at any time thereafter. Spouses in E-2 status are authorised to work in the United States incident to that status. We still advise spouses to apply for an employment authorisation document, because many US employers will not hire without one.
Obtaining a Qualifying Nationality
Important: Davies & Associates does not practise Turkish law. The information on this page about Turkey is provided for information purposes only and does not constitute legal advice. Clients are advised to take advice from a lawyer licensed to practise in Turkey. Two countries, Grenada and Turkey, allow Indian nationals to acquire citizenship by investment. Grenada has four Citizenship by Investment Programs, now subject to a regional minimum of US$200,000 agreed by the five Eastern Caribbean programs in September 2025 (Government of St. Kitts and Nevis). Turkey has many more Citizenship by Investment programs, including a bank deposit route, under which the funds must be converted into Turkish lira and kept in lira for a three-year period. The Turkish property route starts at USD 400,000 and the bank deposit route at USD 500,000.Other Indian clients of our firm have obtained Canadian citizenship, Australian citizenship, and UK citizenship and gone on to obtain an E-2 Visa. The citizenship route through these countries is not direct, requires residency, and takes many years.
Request our free guide to E-2 qualifying nationalities for Indian investors.
Routes and Timelines for Indian-Born Applicants
The timeline depends far more on how the treaty nationality is held than on the business steps. Plan around the route that applies to you.| Route | Who it suits | Key point | Time before the E-2 filing |
|---|---|---|---|
| Spouse or child of an E-2 holder | Indian nationals married to, or the unmarried child under 21 of, an E-2 investor or employee | Visa issued in the Indian passport. Apply with the principal or later. | None beyond the principal's application |
| Treaty nationality already held, not by investment | Indian-born citizens of Canada, Australia, the UK and other treaty countries | The Amigos Act domicile rule does not apply. | Only the business steps below |
| Grenada citizenship by investment | Investors with no other treaty nationality | Three continuous years of domicile in Grenada before the first E-2 application, if the investment is a “financial investment”. Whether the donation route is caught has not been decided. | Citizenship in up to 6 months, then up to three years of domicile |
| Grenada spousal route | Couples where one spouse acquires Grenadian citizenship by investment | The other spouse may register as a Grenadian citizen by marriage and apply as the E-2 investor. Whether a consular officer treats that nationality as acquired through investment has not been tested. | Up to 12 months |
| Turkish citizenship by investment (information only) | Investors who prefer a property or deposit route | Three continuous years of domicile in Turkey before the first E-2 application. | Three years or more |
Once the nationality is settled: the business steps
| Step | Success Pointers | Timeline |
|---|---|---|
| Select a US Business | Have a franchise lawyer fully review any franchise agreement(s). | 1-3 Months |
| Prepare Thorough Business Plan | The business plan carries most E-2 applications. Allow your E-2 Visa lawyer to be a full part of the team preparing it. | 1 Week - 2 Months |
| Incorporate US Business | You will need to evidence proper formation of your business. | 1-4 Weeks |
| Obtain Necessary Licences | The US Consulate will not issue an E-2 Visa unless you have the licences and permits necessary for your business to operate legally. | 0-8 Weeks |
| Investment Stage | The principal applicant must make a “substantial” investment, either spent on items necessary for the business or placed in escrow. | Varies |
| Change of Status or Visa | Decide whether to apply for a Change of Status to E-2 if you are already in the US, or for an E-2 Visa if you are outside the US. | 0-3 Months |
| Filing | File the E-2 Visa application or the Change of Status application. | Varies |
The Amigos Act Three-Year Domicile Rule
There is no requirement to live in the treaty country once the E-2 visa is issued. The U.S. Amigos Act did, however, introduce a three-year domicile requirement before the first application:- The requirement applies only to an applicant who acquired the treaty nationality through a financial investment and has not previously held E status. That applicant must have been domiciled in the treaty country for a continuous period of at least three years at any point before applying (8 U.S.C. § 1101(a)(15)(E); section 5902 of Public Law 117-263).
- The statute does not define domicile, and the requirement is a question of US law, not of Grenadian or Turkish law. Domicile is a different concept from residence. Our view is that it can be established without living in the country full time, but no consular post has yet applied the rule in a way that tests this.
- As of October 30, 2026, we know of no instance where the Amigos Act has been used to enforce the domicile requirement; this position could change at any time.
- The State Department's Foreign Affairs Manual (9 FAM 402.9, revision of February 17, 2026) contains no guidance on the domicile requirement.
- Proclamation 10998 of December 16, 2025 restricted visas for nationals of Antigua and Barbuda and Dominica because their programs offered citizenship without residency. Grenada and Turkey are not affected, E visas are not named, and the list is reviewed every 180 days.
| Issue | Grenada | Turkey (information only) |
|---|---|---|
| Is the investment a “financial investment”? | The real estate route: yes. The National Transformation Fund donation: not decided. | Yes, for the property and deposit routes. |
| Citizenship through a spouse | The spouse of a Grenadian citizen is entitled to register as a citizen, with no residence requirement. | Available only after at least three years of marriage under Turkish law. |
| Citizenship through a donation | Available. | Not available. |
| How domicile is judged | Under the US statute, not local law. There is no State Department guidance and no reported consular decision yet. | |
Other US Routes for Indian Founders
If no treaty nationality is available, or the three-year wait is too long, these are the routes Indian founders and executives most often compare. Each is open on an Indian passport except the E-2.| Visa | Indian passport? | Core requirement | Status it gives |
|---|---|---|---|
| E-2 | Not as the investor | Treaty nationality and a substantial investment; USD 100,000 is a common guideline | Temporary, renewable |
| L-1A | Yes | A company abroad that has employed you as a manager or executive for one continuous year in the last three, and a related US company | Temporary, up to seven years |
| EB-5 | Yes | USD 800,000 in a targeted employment area or USD 1,050,000 elsewhere, creating ten US jobs | Green card; check the Visa Bulletin for India |
| EB-1C | Yes | Multinational manager or executive with a qualifying US affiliate | Green card; subject to the India queue |
| EB-2 NIW | Yes | Advanced degree or exceptional ability, and work in the US national interest | Green card without an employer; subject to the India queue |
Frequently Asked Questions
Where is the Best US Consulate to Apply for my E-2 Visa?
The choice of U.S. consulate is now limited. The options are:- The city in which the E-2 Visa applicant is resident.
- The U.S. Consulate covering the country of nationality (for Grenadian applications, this is Barbados; for Turkey, the consulate is in Istanbul).
- Since September 6, 2025, the State Department has required nonimmigrant visa applicants to apply at the U.S. embassy or consulate in their country of nationality or residence, with limited exceptions (State Department announcement).
- A third country, such as Singapore or Vietnam, only where the applicant is legally resident there. Filings by applicants who are not resident are generally no longer accepted.
Which Business is Best for an E-2 Visa?
The best business for an E-2 Visa is the business that you understand and can most competently operate.There are minimal requirements for an E-2 Visa, but a business that: (1) has employees; (2) has a place of business; and (3) requires an investment of at least USD 100,000 can be considered a good guideline.
Can an E-2 Visa Holder Work for Another Company?
Yes and no.- Yes: The spouse of an E-2 Visa holder can lawfully work for any company in the United States.
- Yes: It is possible for a PROPERLY STRUCTURED E-2 Visa business to diversify into multiple businesses, allowing an E-2 Visa investor to potentially work for multiple related companies.
- No: A primary E-2 Visa holder (as opposed to the E-2 Visa holder’s spouse) cannot work for a business or company that is NOT a subsidiary of the E-2 Visa business.
Where Have Indian-Born E-2 Visa Applicants Come From?
We have assisted successful Indian-born E-2 Visa applicants who have been resident in: Canada, Australia, Chandigarh, Delhi, Mumbai, Pune, Singapore, Bangalore, Hyderabad, Dubai, the United States, and the United Kingdom.How Much Money do I Need for an E-2 Visa Application?
The costs of an E-2 Visa for an Indian national fall into several categories:- Obtaining a Qualifying Nationality: Costs range from modest legal and filing fees for those qualifying by descent, through to USD 400,000 for the Turkish property route (USD 500,000 for its bank deposit route), and more for other programs.
- Incorporation and Business Set-Up Fees: Properly setting up your U.S. business is critical. These costs are likely to be USD 2,500 and up.
- Your US Business: You must purchase or fund your business. Investment can include cash, inventory, and donated property. We recommend a total investment exceeding USD 100,000.
- Legal Fees: E-2 Visa lawyers typically charge between USD 5,000 and USD 20,000. It is important to understand the lawyer experience and scope of work.
Can I Apply for My E-2 Visa in India?
Yes, if you live in India. An Indian-born investor who applies as, for example, a Grenadian national may apply in India where India is the country of residence, or at the post covering the country of the new nationality. Check the US Mission India visa pages for the post that interviews E visa applicants for your place of residence.List of United States Embassies, Consulates and USCIS in India
| Location & Contact | Details |
|---|---|
| US Embassy in India, New Delhi | Address: Shanti Path, Chanakya Puri 110021 Phone: +91-11-2419-8000 |
| US Consulate in India, Mumbai (Bombay) | Address: C-49, G-Block, Bandra Kurla Complex, Bandra East, Mumbai 400051 Phone: (22) 2672-4000 |
| US Consulate in India, Chennai (Madras) | Address: 220 Anna Salai, Gemini Circle, 600006 Phone: +91-44-2857-4000 |
| US Consulate in Kolkata (Calcutta) | Address: 5/1 Ho Chi Minh Sarani, 700071 Phone: +91-33-3984-2400 |
| US Consulate in Hyderabad | Address: Paigah Palace, 1-8-323, Chiran Fort Lane, Begumpet, Secunderabad 500 003 Phone: +91-40-4033-8300 |
About the Authors
Mark I. Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.E2 Visa Solutions by Country of Nationality or Residency
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