| 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
Table of Contents
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:
While India is not an E-2 visa country, Indians may be able to obtain an E-2 visa by:- Marriage to an E-2 visa holder.
- Obtaining Grenadian nationality through donation or marriage.
- Obtaining an E-2 visa through Turkish Nationality (which became very difficult with the passage of the Amigos Act).
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 circumstances where an Indian national may obtain an E-2 Visa for the USA:
- If an Indian national is married to an E-2 visa holder. This is when an Indian national can get an E-2 visa in their Indian passport.
- If an Indian obtains a qualifying nationality, such as Grenada or Turkey, they may be able to apply for an E-2 visa. This became more complicated with the passage of the Amigos Act.
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 qualifying for an E-2 visa.
What Businesses Qualify for an E-2 Investor Visa?
Read more about selecting an E-2 Business
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 firm has been privileged to assist Indian-born nationals obtain E-2 Visas in a great variety of industries. A small selection of examples of businesses used in successful E-2 cases can be viewed by following this link.How Does an Indian National Qualify to Apply for an E-2 Visa?
Only the nationals of E-2 treaty countries can qualify as an E-2 Visa applicant. At the current time, India is not on this list.There are two ways an Indian national can obtain an E-2 Visa for the USA:
- As the spouse of an E-2 Visa holder; and
- By obtaining the nationality of a qualifying E-2 Visa country.
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.
Obtaining a Qualifying Nationality
Two countries, Grenada and Turkey, allow Indian nationals to acquire citizenship by investment. Grenada has four Citizenship by Investment Programs starting at USD 150,000. Turkey has many more Citizenship by Investment programs, including the bank deposit option which allows investors to retain control of their funds throughout the process.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.
A free guide to obtaining an E-2 Visa qualifying nationality for Indian investors can be requested here.
How to Obtain an E-2 Visa: Step-by-Step for Indian-Born Applicants
| Step | Success Pointers | Timeline |
|---|---|---|
| Application for Qualifying Nationality | Apply to obtain a qualifying nationality through a non-investment route to meet the domicile requirement. | 0-6 Months |
| Domicile or Spousal Route | Ensure that the qualifying nationality was obtained through a non-investment route OR arrange for spousal naturalization using the Grenada route. | 0-12 Months |
| Select a US Business | Have a franchise lawyer fully review any franchise agreement(s). | 1-3 Months |
| Prepare Thorough Business Plan | This is the single most critical step in an E-2 Visa application. Allow your E-2 Visa lawyer to be a full part of the team preparing the business plan. | 1 Week - 2 Months |
| Incorporate US Business | You will need to evidence proper formation of your business. | 1-4 Weeks |
| Obtain Necessary Licenses | The US Consulate will not issue an E-2 Visa unless you have the licenses and permits necessary for your business to legally operate. | 0-8 Weeks |
| WAIT | Wait until an E-2 Visa qualifying nationality has been obtained. | 0-6 Months |
| Investment Stage | Primary Applicant needs to make a "substantial" investment in the business or escrow investment. Funds can either be spent on items necessary for the business or placed in escrow. | Varies |
| COS or E-2 Visa Decision | Decide whether to apply for Change of Status to E-2 Visa status if you are already in the US or apply for an E-2 Visa if you are outside the US. | 0-3 Months |
| Filing | File E-2 Visa Application or Change of Status Application. | Varies |
Is there a post-approval Residency Requirement to Obtain an E-2 Visa?
No, there is no residency requirement.The U.S. Amigos Act did introduce a 3-year domicile requirement:
- Domicile and residency are not the same. Under Grenadian law domicile does not require residency; under Turkish law it does.
- This requirement applies to residency by investment only.
- As of February 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.
| Issue | Turkey | Grenada |
|---|---|---|
| Definition of Domicile | Requires 6 months residency in Turkey each year. | Not defined under Grenadian law. Liberally interpreted and does not require residency. |
| Spousal Citizenship | Requires residency in Turkey. | No residence required. The spouse of a Grenadian citizen is entitled to Grenadian citizenship. |
| Citizenship through Donation | Not available. | Available. |
Frequently Asked Questions
Where is the Best US Consulate to Apply for my E-2 Visa?
Most Indian-born E-2 Visa applicants choose which U.S. consulate will process their E-2 Visa application. Choices include:- 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).
- In 2025, the U.S. State Department amended guidance encouraging consulates to process non-immigrant visas only for those who are either relevant nationals or residents.
- Any third country willing to accept the filing. This is helpful when India has significant processing delays, as processing can be faster in other Asian cities such as Singapore and Ho Chi Minh City.
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 approximately 20,000 Euros for those qualifying by descent or using the Turkish Bank Deposit Program, up to 6 million Euros for programs such as Austrian Citizenship by Investment.
- 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.
Where Can I Apply for a US E-2 Visa in India?
List of United States Embassies, Consulates and USCIS in India| Location & Contact | Details | Official Website |
|---|---|---|
| US Embassy in India, New Delhi | Address: Shanti Path, Chanakya Puri 110021 Phone: +91-11-2419-8000 Fax: +91-11-2419-8587 |
Visit Website |
| US Consulate in India, Mumbai (Bombay) | Address: C-49, G-Block, Bandra Kurla Complex, Bandra East, Mumbai 400051 Phone: (22) 2672-4000 |
Visit Website |
| US Consulate in India, Chennai (Madras) | Address: 220 Anna Salai, Gemini Circle, 600006 Phone: +91-44-2857-4000 Fax: +91-44-2811-2027 |
Visit Website |
| US Consulate in Kolkata (Calcutta) | Address: 5/1 Ho Chi Minh Sarani, 700071 Phone: +91-33-3984-2400 Fax: +91-33-2282-2335 |
Visit Website |
| US Consulate in Hyderabad | Address: Paigah Palace, 1-8-323, Chiran Fort Lane, Begumpet, Secunderabad 500 003 Phone: +91-40-4033-8300 |
Visit Website |
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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