E-2 Visa Requirements in 2026: Complete Eligibility, Investment Rules, Treaty Countries & Legal Guide
Updated 02 December, 2025 by Mark I. Davies, Esq.
This page focuses on E-2 Treaty Investor visa requirements.
The E-2 Treaty Investor Visa allows nationals of certain treaty countries to invest in and direct a U.S. business. It is widely used by entrepreneurs, small business owners, and international investors seeking to live in the United States while operating an active commercial enterprise.
Three Kinds of E-2 Visas
There are three kinds of E-2 treaty investor visas:
- E-2 Principal Investor Visa
- E-2 Employee Visa
- E-2 Derivative Visa for Spouses and Dependent Children
Guide to E-2 Treaty Investor Visa
If you are looking for a broader overview of how the E-2 visa works, including benefits, processing times, and strategic considerations, you may wish to read our
comprehensive E-2 Visa Guide before reviewing the detailed legal requirements below.
To qualify for an E-2 visa, applicants must satisfy the statutory and regulatory standards set out in
8 CFR 214.2(e) and interpreted through the
USCIS Policy Manual, Volume 2, Part B. These requirements define the evidentiary standards for investors, enterprises, employees, and dependents.
E-2 Requirement Summary: Overview of the Seven Core E-2 Visa Requirements
Every E-2 applicant must satisfy the first six of the following qualification categories:
1. What is the E-2 Visa Nationality Requirement?
The E-2 nationality requirement means the investor or qualifying enterprise must hold the citizenship of a U.S. treaty country.
2. What is the E-2 Visa Investment Requirement?
The E-2 investment requirement means the applicant must make a substantial, At Risk, and irrevocably committed investment into a real U.S. business.
3. What Is the E-2 "Real and Operating Business" Requirement?
The E-2 enterprise requirement means the business must be a real, active, and operating commercial venture that is not marginal.
4. What Is the E-2 Source and Control of Funds Requirement?
The E-2 source-of-funds rule requires that all invested capital be lawfully obtained, fully traceable, under the investor's control, and subject to loss.
5. What is the E-2 Development and Direction Requirement?
The E-2 development-and-direction requirement means the investor must come to the United States solely to direct, develop, and control the enterprise.
6. What is the E-2 Marginality Requirement?
The E-2 marginality requirement means the business must have the present or future capacity to generate more than minimal living income and create U.S. jobs.
7. What are the E-2 Visa Requirements for Employees?
(Cases involving employees only)
E-2 employees qualify only if they share the enterprise's nationality and hold executive, supervisory, or essential-skills roles.
8. Is there a Special Rule for UK Applicants (E-2 "Inhabitant" Requirement)?
(UK cases only)
Yes. The E-2 U.K. inhabitant rule requires that British nationals were resident in the United Kingdom on the date the treaty entered into force.
E-2 TREATY COUNTRIES, COMPANY NATIONALITY AND RECIPROCITY
E-2 Visa Treaty Country List
The
nationality requirement is the first and most fundamental eligibility criterion for the E-2 Treaty Investor Visa.
To qualify, the investor — and the business entity through which an E-2 employee applies — must hold the
citizenship of a country that maintains a qualifying treaty of commerce and navigation with the United States. For a guide to qualifying
countries follow this link.
This rule is strictly defined in
8 CFR 214.2(e)(2)(i) and elaborated in the
USCIS Policy Manual, Volume 2, Part B.
Business Nationality
A business is deemed to have the nationality of its owner(s). At least 50% of the business must be owned by treaty nationals with the same nationality as the E-2 visa applicant for the nationalities to match.
In the case of public businesses, a business is deemed to have the nationality of the country in which its shares are listed. Owing to heavy utilization of the E-2 employee visa by the Japanese motor industry, Japan is the largest source of E-2 visa applications.
Where a business is owned 50/50 by persons of different nationalities the business has the nationality of both owners.
Examples of E-2 Business Nationality
| Ownership Structure |
Resulting E-2 Enterprise Nationality |
| 100% UK ownership |
UK enterprise |
| 60% Italian / 40% Singaporean |
Italian enterprise |
| Japanese public company |
Japanese enterprise |
| 50% Japanese / 50% Singaporean |
Japanese enterprise and Singaporean enterprise |
Maximum E-2 visa validity also depends on nationality and is stated in the U.S. Department of State’s reciprocity tables. An amalgamated version of the tables can be read by
following this link.
Evidence Required to Prove E-2 Nationality
For E-2 visa cases, it is often necessary to evidence the nationality of the E-2 business as well as the individual applicants. A business is given the nationality of its majority owners. Typical acceptable evidence includes:
- For Individuals:
- For Businesses:
- Corporate share certificates (for businesses)
- Articles of Incorporation / Operating Agreement
- Capitalization table (cap table)
- Shareholder register
- Ultimate beneficial ownership disclosures for layered entities
- Notarized ownership affidavits (if necessary)
Where holding companies are used, you must document ownership
all the way up the chain to show treaty-country control.
Common Mistakes That Lead to Nationality-Related Denials
-
✘
Relying on residence instead of citizenship: A permanent residence of a treaty country does not qualify unless they hold citizenship.
-
✘
Using a business with unclear or mixed ownership: If treaty-country owner falls below 50 percent, even temporarily, the business loses E-2 qualification.
-
✘
Incorrect structure holding companies: Layered corporate structures must be fully documented.
-
✘
Employee nationality mismatch: Employees must match the enterprise nationality, not the principal investor personal nationality (if different).
E-2 Visa Investment Requirement
To qualify for an E-2 visa, an investor must make a
substantial,
lawful,
At Risk, and
irrevocably committed investment in a U.S. enterprise. This requirement is defined in
8 CFR 214.2(e)(12) and further interpreted in the
USCIS Policy Manual – Qualification Requirements.
The goal of the investment requirement is to ensure that the applicant is genuinely engaged in launching or operating an active commercial business and that the investment is sufficient to make the enterprise viable.
What Counts as a “Substantial” E-2 Investment
To qualify for an E-2 visa, the investor must make a
substantial investment in a real and operating enterprise.
A substantial E-2 investment is one that is large enough to ensure the business successful operation and is not a marginal enterprise.
What is the test of a “Substantial” E-2 Business?
The regulations do
not define a fixed minimum dollar amount. Instead, substantiality is determined using two key tests:
- The Proportionality Test
USCIS evaluates the relationship between the amount invested and the total cost of purchasing or creating the business.
- For low-cost service businesses, the investment must approach 100 percent of the start-up cost.
- For higher-cost businesses, the investment may be a reasonable percentage of the total cost.
This flexible test ensures that the level of investment aligns with the nature of the enterprise.
- Magnitude Sufficient for Success
The investment must be enough to ensure the business is viable, not undercapitalized.
In practice:
- Successful E-2 investments often fall between USD 100,000 and 300,000.
- But lower investments may qualify if supported by strong business plans and operational evidence.
(There is
no statutory minimum — USCIS and consulates only evaluate proportionality and viability.)
How Officers Evaluate E-2 Investment Substantiality
Using the proportionality test:
- Low-cost businesses: investment approaches 100% of total start-up cost.
- Higher-capital businesses: investment can be a reasonable percentage of project cost.
- There is no minimum dollar threshold.
Evidence That Helps Prove E-2 Investment Substantiality
- Invoices, receipts, wire transfers
- Executed lease + deposit
- Equipment and inventory purchases
- Franchise fees and licensing costs
- Escrow agreements conditioned on E-2 approval
- Business formation documents
- Five-year financial plan and cost breakdown
Common Mistakes That Lead to Substantiality Denials
- ✘ Investment too low for the business type
- ✘ Funds sitting unused on personal accounts
- ✘ Contingent or speculative commitments
- ✘ Undercapitalized businesses models
- ✘ Unsupported or inflated cost estimates
- ✘ Loan secures by business assets (not personal assets)
Examples of Substantial Investments (Illustrative Only)
Below are realistic fictional examples showing how different business models meet the substantiality standard:
Example 1: Boutique Café Acquisition — Total Cost $310,000
- $280,000 paid toward asset purchase
- $18,000 in equipment upgrades
- $12,000 in initial inventory and supplies
Result: Substantial. Investor has committed over 90% of the acquisition cost and is fully capitalized for launch.
Example 2: Consulting Firm Start-Up — Total Cost $85,000
- $45,000 committed to first-year salaries and contractors
- $18,000 office lease + deposit
- $12,000 equipment and software
- $10,000 marketing and client acquisition
Result: Substantial. Even at a lower cost, investment covers nearly all start-up needs and is essential to viability.
Example 3: Franchise Fitness Studio — Total Cost $420,000
- $150,000 franchise fee + build-out deposit
- $180,000 equipment purchase
- $40,000 marketing and pre-sales
- $50,000 working capital
Result: Substantial. Funds are proportional to a high-cost venture and demonstrate readiness to operate.
Example 4: E-Commerce Retail Business — Total Cost $120,000
- $65,000 inventory purchased
- $25,000 warehouse lease + deposits
- $20,000 software, website, and fulfillment systems
- $10,000 logistics and marketing
Result: Substantial. Fully committed funds for inventory and logistics meet E-2 standards.
Example 5: Rock Climbing Business — Total Cost $80,000 (example based on a real, approved case)
- $40,000 escrowed cash for business operations
- $10,000 climbing equipment
- $25,000 specialized video equipment
- $5,000 pre-paid lease costs
Result: Substantial. Investment is sufficient to open and run the business.
E-2 Visa Investments Must Be “At Risk”
For E-2 purposes, funds are at risk when the investor is personally and primarily liable for any losses the business might incur.
The funds must be:
- Legally owned by the investor
- Personally committed
- Vulnerable to partial or total loss if the business fails
The “At Risk” requirement means that speculative or passive investments do not qualify for E-2 visa purposes.
The following
do not qualify as “At Risk”:
- Funds secured by business assets (rather than personal assets)
- Promissory notes not backed by the investor’s personal property
- Contingent investments that depend on visa approval
- Passive equity holdings without operational involvement
The requirement is codified in
8 CFR 214.2(e)(12).
Investment Must Be Irrevocably Committed
The regulations require that funds be
“irrevocably committed” to the enterprise before visa issuance.
Funds are "irrevocably committed" when the investor has taken steps that are legally binding or demonstrate a clear intent to complete the investment and would be unable to withdraw the funds at will.
Examples of investments which are ‘irrevocably committed’ include:
- Executed leases
- Equipment purchases
- Inventory purchases
- Franchise fees paid
- Deposits in escrow with release upon visa issuance (allowed only in very specific structures)
- Transfers of capital into the business bank account followed by expenditure
- Contracts signed with personal liability
Not acceptable:
- Funds merely sitting in a personal bank account
- Uncommitted personal savings
- Investment “plans” without executed transactions
Why Top E-2 Visa Lawyers Use Escrow: The Most Underappreciated Way to Prove Funds Are “At Risk”
An E-2 escrow agreement is a legally binding contract in which the investors funds are held by a neutral thid party and automatically released to complete the investment only if the E-2 visa is approved.
Escrow remains one of the most underused yet powerful tools in E-2 visa strategy. Although many investors overlook it, both
USCIS and the
Department of State (especially
9 FAM 402.9-6(B)) confirm that properly structured escrow satisfies the requirement that funds be
“at risk” for E-2 purposes.
A well-drafted escrow agreement makes the investor
legally obligated to proceed if the visa is approved, while still allowing the funds to be returned if the visa is refused.
Benefits of Escrow to an E-2 Investor
- Proves funds are committed and at risk without exposing the investor to unnecessary financial loss.
- Protects the investor by ensuring funds are returned automatically if the visa is denied.
- Satisfies consular expectations under 9 FAM 402.9-6(B).
- Creates clear documentation that strengthens the E-2 application.
- Allows purchase or start-up expenditures to be finalized only upon visa approval.
Why Escrow Helps Prove an E-2 Investment Is “At Risk”
- Meets 8 C.F.R. § 214.2(e)(12) requirements.
- Binds the investor to complete the investment upon approval.
- Prevents withdrawal of funds except if the visa is denied.
- Explicitly recognized in 9 FAM 402.9-6(B).
Using Escrow to Purchase an Existing Business
Escrow can hold the full purchase price or agreed portion.
- Funds are released automatically upon E-2 approval.
- Funds return to the investor if the visa is denied.
Using Escrow for Start-Up Costs of a New Business
Escrow may hold:
- Inventory
- Equipment
- Contractor payments
- Lease deposits
- Franchise fees
USCIS and DOS have confirmed this method is acceptable when the investor is
bound to proceed once approved.
Loans and E-2 Visa Financing Restrictions
Loans are permitted
only if:
- They are secured using the investor’s personal assets (e.g., a mortgage on their home), and
- The investor is personally liable.
Loans
not permitted:
- Secured by business assets.
- Secured by assets of the E-2 enterprise itself.
- With no personal liability.
This derives from the requirement that the investor’s personal capital must be at risk.
Timing of the Investment
The investment must be:
- Already made
- Actively in the process of being made, or
- In Escrow
"Intent to invest" alone is not enough but “irrevocably committed funds” which have not yet been spent are sufficient.
USCIS considers:
- Signed contracts
- Proof of funds transferred
- Evidence of expenditures
- Leases executed
- Inventory orders
- Operational preparations
The governing standard is described in the
USCIS Policy Manual, Chapter 2.
What Evidence Can be Used to Prove the Investment?
Typical documentation includes:
- Bank statements
- Wire transfers
- Sales contracts
- Asset purchase agreements
- Franchise agreements
- Invoices and receipts
- Escrow agreements
- Copies of checks
- General ledger entries
- Proof of personal liability for loans
- Business formation documents
- Start-up or acquisition cost breakdowns
Common Reasons for E-2 Investment-Related Denials
- ✘ Investment not committed: Funds left untouched in a personal account or not yet deployed.
- ✘ Insufficient investment for business type: For example, trying to open a restaurant with a USD 30.000 investment.
- ✘ Business deemed undercapitalized: Lack of working capital, unrealistic financial projections, or inadequate start-up funding.
- ✘ Funds not at risk: Loans secured by business assets or contingent investment structures.
- ✘ Failure to document sources and path of funds: Missing bank records, missing sale agreements, unclear transfer history.
E-2 Visa Marginality Requirement: The Business Must Not Be Marginal
To qualify for an E-2 visa, the U.S. business must show it is
not marginal.
How to Demonstrate the Enterprise Is Not Marginal
A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.
- Credible five-year financial projections
- A hiring plan or existing employees
- Contracts, letters of intent, supplier or client pipeline
- Realistic market analysis showing the business can scale
What Evidence of Marginality do E-2 Visa Consular Officers Look for?
- Will the business employ U.S. workers soon?
- Does it have realistic revenue potential?
- Is it funded well enough to grow?
- Is it more than a one-person, self-employment model?
Examples of Marginal Enterprises
- Solo service providers with no expansion plan
- Undercapitalized businesses with low revenue potential
- Unrealistic projections unsupported by evidence
- Businesses relying on hoped-for future clients only
What Common Mistakes That Lead to E-2 Marginality Refusals?
- ✘ self-employement with no hiring plan
- ✘ Inflated or unsupported financial projections
- ✘ Insufficient working capital
- ✘ Weak operational or market evidence
- ✘ Business models that cannot scale beyond supporting the investor
E-2 Visa Business / Enterprise Requirement
The E-2 Visa Enterprise Must Have Necessary Operational Infrastructure
An enterprise is "immediately capable of creating operations" when it has secured the necessary premises, inventory, equipment, etc., to begin business operations.
USCIS examines whether the business is operational or “immediately capable of commencing operations”.
Operational businesses generally have:
- Relevant licenses and permits
- Leases or virtual office agreements (depending on business type)
- Relevant equipment, inventory, or tools
- A website and business email
- Vendor or supplier contracts
- Insurance policies
- Operating agreements
- Payroll systems
- Corporate bank accounts
A business with no infrastructure or operational footprint is likely to be considered speculative.
Evidence to Prove the Enterprise Is Real and Operating
A real and operating business is one that is actively engaged in the trading of goods or services for profit. It is not a passive investment, like holding stock or undeveloped land.
Typical documentation includes:
- Business registration documents
- Articles of Organization/Incorporation
- Federal EIN
- Business licenses and permits
- Lease agreements
- Utility bills
- Insurance policies
- Payroll records and employee lists
- Vendor contracts
- Marketing materials
- Business website screenshots
- Invoices and payment receipts
- Proof of service delivery or client contracts
Start-ups, Acquisitions, and Franchises All Qualify
The E-2 rules allow these business types:
- Start-up Businesses
Require strong documentation of:
- Market need
- Operational readiness
- Start-up costs
- Initial contracts or clients
- Compliance with state licensing requirements
- Business Acquisitions
Allowed provided the purchase was:
- Legitimate
- Documented
- At Risk
- Properly valued
The business must be active at the time of purchase (or reactivated under the investor’s plan).
- Franchises
Franchises are often ideal because:
- They provide proven business models
- Strong documentation
- Clear cost structures
- Familiarity among consular officers
E-2 Visa Source and Control of Funds Requirement
To qualify for the E-2 Treaty Investor Visa, the investor must prove that the investment funds were
lawfully obtained, are under their
personal control, and are
fully at risk. This requirement is defined in the
USCIS Policy Manual, Volume 2, Part B, Chapter 3 and supported by
8 CFR 214.2(e)(12).
The investor must clearly document the
lawful source,
path, and
deployment of their funds.
Funds Must Be from a Lawful Source
The investor must demonstrate that the invested capital came from
legal, legitimate sources.
Acceptable sources include:
- Savings from lawful employment
- Business profits or distributions
- Sale of property or assets
- Inheritance
- Gifts from family members
- Refinancing of personally owned property
- Dividends or investment income
- Settlements or court awards (with documentation)
Unacceptable or high-risk sources include:
- Unexplained cash deposits
- Undocumented transfers
- Funds derived from illegal activity
- Funds commingled without documentation
- Anonymous or offshore sources lacking traceability
USCIS expects a
clear, documented trail showing how funds were accumulated.
The “Path of Funds” Must Be Fully Documented
USCIS requires evidence showing the
movement of funds from the original source
into the U.S. enterprise.
This often includes:
- Bank statements
- Wire transfer receipts
- Tax returns
- Proof of asset sale
- Executed purchase agreements
- Deposit slips
- Loan documents (if applicable)
- Currency exchange confirmations
- Screenshots from online banking (with identifying details)
Every step in the chain must be documented.
Example:
Sale of property → funds enter investor’s bank account → funds transferred to U.S. business → funds spent on business setup.
A break in the chain is a common reason for Requests for Evidence (RFEs) or visa denials.
The Investor Must Have Full Control Over the Funds
The investor must show they have
exclusive control over the capital.
This means:
- Funds must belong to the investor personally, or
- Funds must be legally gifted to the investor, or
- Funds must be personally guaranteed with personal liability
Unacceptable:
- Funds controlled by a third party
- Funds accessible only through a business partner
- Shared accounts where another party controls disbursement
- Loans where the investor has no personal liability
- Business-secured loans (not at risk)
USCIS will deny cases where the investor cannot prove full ownership and control.
Gifted Funds Are Allowed — With Documentation
Gifts are permissible
if the gift is fully documented, including:
- Proof the donor lawfully acquired the funds
- Gift deed or declaration
- Bank statements showing transfer
- Explanation of relationship (if questioned)
Even gifted funds must meet
source of funds rules.
Loans Are Allowed — With Restrictions
Loans
may qualify if:
- The investor is personally liable, and
- The loan is secured by personal assets, not business assets
Examples of acceptable loans:
- Home equity loans
- Personal loans backed by personal property
- Loans backed by personal financial assets
Loans
do not qualify if:
- Secured by business assets
- Secured by the E-2 business itself
- Structured with no personal liability
- Issued by related entities without proper documentation
This is because the funds must be
at risk, not protected by the business.
Commingled Funds Must Be Traceable
If personal and non-personal funds are commingled:
- The investor must identify and trace the exact sum used for the investment
- Provide statements showing separation where possible
- Offer a clear narrative explaining the movement of money
Lack of traceability often results in RFEs or denials.
Evidence Required for Lawful Source and Control
Typical documentation includes:
- Last 6–12 months of personal bank statements
- Tax returns (2–5 years depending on source)
- Proof of employment income or business earnings
- Pay slips / salary evidence
- Property sale deeds
- Inheritance documents
- Gift letters and donor documentation
- Sale agreements for assets
- Financial statements
- Loan agreements and personal liability documentation
- Screenshots showing transfers
- Foreign tax filings (if necessary)
- Certifying letters from banks or accountants
USCIS examines
completeness,
consistency, and
credibility.
Common Red Flags Leading to Denial or RFE
- ✘ Unexplained deposits: Large transfers with no documentation.
- ✘ Incomplete documentation: Missing sale deeds, missing bank statements, missing proof of income.
- ✘ Cash intensive income with no proper trail: Especially problematic in non-regulated sectors.
- ✘ Loans with no personal liability: Inmediate grounds for denial.
- ✘ Offshore bank accounts with no supporting documents: Investor must show they personally own and control the funds.
E-2 Visa Development and Direction Requirement
To qualify for the E-2 Treaty Investor Visa, the applicant must enter the United States
solely to develop and direct the investment enterprise. This requirement is defined in
8 CFR 214.2(e)(2) and further interpreted in the
USCIS Policy Manual, Volume 2, Part B.
USCIS must be convinced that the investor will have
operational control over the business and will be actively involved in managing, directing, and growing the enterprise.
The Investor Must Direct and Develop the Enterprise
Under
8 CFR 214.2(e)(2), the investor must show they will:
- Make strategic decisions
- Supervise day-to-day operations
- Direct the enterprise’s growth and development
- Have authority to hire and fire
- Implement operational systems
- Engage actively in business management
Passive ownership does
not satisfy the requirement.
Control Through Ownership (50 Percent Rule)
USCIS presumes operational control when the investor owns:
- At least 50% of the enterprise, or
- Holds a controlling interest through voting rights or weighted shares
This threshold is drawn directly from
8 CFR 214.2(e)(2)(ii).
Even if the investor owns less than 50%, they may still qualify if:
- Their voting rights exceed their equity percentage
- They possess operational control through partnership agreements
- They serve as the managing member or CEO with unilateral decision-making authority
The key factor is
control, not just ownership percentage.
Active vs. Passive Involvement
The USCIS Policy Manual emphasizes that the investor must be actively involved in the business.
Reference:
USCIS Policy Manual, Chapter 2 – Applicant Qualifications.
Active involvement includes:
- Managing employees
- Negotiating contracts
- Overseeing financials
- Supervising operations
- Setting strategic direction
- Handling client relationships
- Ensuring regulatory compliance
Passive involvement includes (NOT acceptable):
- Silent partnerships
- Purely financial investment
- Acting only as a shareholder
- Outsourcing all decision-making
- Hiring a manager to run daily operations without oversight
If USCIS determines the investor will not actively direct the business, the application will be denied.
Qualifying Role for E-2 Employees
E-2 employees must also satisfy the development and direction standard
if applying as executives or supervisors.
Defined in
8 CFR 214.2(e)(3), acceptable roles include:
- Chief Executive Officer
- Chief Operating Officer
- Managing Director
- Senior Manager
- Operations Supervisor
Employees in non-supervisory or non-executive roles must show
essential, specialized skills (addressed in a later section).
Evidence to Demonstrate Development and Direction
Common documentation includes:
- Operating agreement showing investor control
- Shareholder agreements confirming voting rights
- Corporate organizational chart with investor at the top
- Appointment letters naming the investor as CEO/MD/Manager
- Job description detailing strategic and managerial duties
- Employment contracts of subordinate staff
- Resumes demonstrating managerial or executive experience
- IRS EIN confirmation showing investor as principal
- Minutes of organizational meetings
- Business plan outlining management structure
USCIS evaluates whether the investor’s role is substantive and decision-making in nature.
Remote Management and Multi-Country Operations
Remote oversight
can satisfy the rule in limited cases if:
- The investor retains operational control
- The business has on-site management
- The investor frequently travels to the U.S.
- The management structure supports cross-border direction
However, consular posts vary in tolerance, and many prefer clear on-site management by the investor.
E-2 Visa Employees and Family Eligibility
In addition to the principal investor, certain
employees and
family members may qualify for E-2 status.
The governing rules appear in
8 CFR 214.2(e)(3)–(4) and are further interpreted in the
USCIS Policy Manual, Volume 2, Part B.
These provisions allow treaty-investor enterprises to bring crucial talent to the United States and ensure that families can remain together during the business operation.
Eligibility for E-2 Employees
Under
8 CFR 214.2(e)(3), an employee may qualify for an E-2 visa
only if all three of the following conditions are met:
1. The employee must share the same nationality as the E-2 enterprise
The enterprise’s nationality is determined by its
ownership, not by its place of incorporation.
For example:
If the business is 60% French-owned, only
French nationals may qualify as E-2 employees.
2. The employee must fill a qualifying position
Only two categories of employees qualify:
- Executive or Supervisory employees
Roles include:
- CEO
- COO
- Managing Director
- Senior Manager
- Operations Director
They must have authority over:
- Policy decisions
- Strategic planning
- Hiring and firing
- Business operations
- Employees with essential skills
These individuals possess specialized knowledge not readily available in the U.S. labor market.
USCIS evaluates:
- The degree of proven expertise
- Whether training U.S. workers is feasible
- How long the essential skills will be required
- The critical nature of the employee’s contribution
Guidance appears in the USCIS Policy Manual – Chapter 4: E-2 Employees.
3. The employment must be with the E-2 enterprise
The employee must be coming to the U.S.:
- To work only for the E-2 employer,
- In the qualifying position,
- And under the supervision of the enterprise.
Evidence Required for E-2 Employees
Typical supporting documentation includes:
- Passport showing treaty nationality
- Employment contract
- Detailed executive, supervisory, or essential-skills job description
- Resume/CV showing relevant experience
- Organizational chart showing reporting structure
- Proof of corporate ownership confirming nationality of enterprise
- Business need explanation for essential-skills employees
- Training plans or transition plans (if applicable)
Consular posts frequently request thorough documentation for essential-skills roles.
E-2 Dependents (Spouse and Children Under 21)
Under
8 CFR 214.2(e)(4), dependents of E-2 investors and E-2 employees may accompany them to the United States.
Eligible dependents:
- Spouse (no nationality restriction)
- Unmarried children under 21 (no nationality restriction)
Dependents receive
E-2 dependent status, which carries several important benefits.
Work Authorization for E-2 Spouses
E-2 spouses are allowed to
work in the United States without restriction.
Since November 2021, USCIS automatically issues work-authorized status upon admission, eliminating the need for a separate EAD in most cases.
Spouses may:
- Work for any U.S. employer
- Start their own business
- Be self-employed
- Work full-time or part-time
This greatly enhances the attractiveness of the E-2 visa for families.
Reference:
USCIS Policy Manual – Chapter 5: E-2 Spouses
School and Study Rights for E-2 Children
Children in E-2 dependent status may:
- Attend school (K-12)
- Enroll in college or university
- Attend vocational programs
However, they
cannot work while in E-2 status.
Duration and Extensions for Employees and Family Members
Dependents and employees receive
the same period of stay as the principal E-2 investor.
Extensions are available indefinitely, provided:
- The business continues to meet E-2 requirements
- All dependents continue to qualify
What Issues Cause Denials for Dependent E-2 Visas?
- ✘ Employee does not share the enterprise nationality: One of the most common reasons for employee denials.
- ✘ Job duties too junior: Roles resembling regular staff employees rarely qualify.
- ✘ Insufficient evidence of essential skills: USCIS expects detailed documentation.
- ✘ Dependants over age 21: They "age out" and lose dependent elegibility.
- ✘ Marriage not documented for spouse applications: Consulates requires official marriage certificates.
E-2 Visa Requirements FAQs
What Amount of Investment is Required for the E-2 Visa?
While there is no minimum amount of investment required to be able to qualify for an E-2 visa, the investment capital must be substantial enough relative to the operations of the enterprise.
What Are the Principal Characteristics of the E-2 Visa for Treaty Investors?
The E-2 Treaty Investor Visa is a temporary non-immigrant visa given to nationals of countries that have a treaty of commerce and navigation with the U.S. to invest a substantial amount in an existing U.S. business or in a new one. This means that the visa is only valid for a temporary period and doesn’t confer permanent residency or citizenship to the applicant.
What is the Duration of Validity for the E-2 Visa?
The E-2 visa allows an initial stay of 2 years but can be extended indefinitely in increments of 2 years as long as the E-2 status remains valid.
Is it Possible to Bring my Family Members with the E-2 Visa?
Yes, spouses (including same-sex couples) and unmarried children under the age of 21 can apply to join you. Their nationalities do not need to be the same as the investor.
Can Entrepreneurs Bring Their Employees to the United States?
Yes, provided that the employee is of the same nationality as the primary employer, meets the definition of an employee under the relevant law, and is either in a supervisory or executive position or possesses essential skills relevant to the operations of the enterprise.
Is it Feasible to Obtain a Green Card Through an E-2 Visa?
Since the E-2 visa confers non-immigrant status, it’s not possible to obtain a green card directly from it. You may apply for a green card through other paths like the EB-5 immigrant investor program, which requires at least $800,000 of investment.
Are There Alternatives to the E-2 Visa?
You may also apply for the EB-5 visa, which is a visa that gives you the right to obtain a green card or an E-1 Visa which confers the same non-immigrant classification but applies to carrying substantial trade.
Will I Become Ineligible for the E-2 Visa if My Business Fails?
Yes, once your business fails or ceases operations, you can become ineligible for the E-2 Visa. Since your application depends upon the enterprise’s existence, once it fails, you can become subsequently disqualified.
Can I Obtain an E-2 Visa if I Am Already in the US on a Different Visa?
Yes, you may file for a change of status to E-2 as long as you are eligible and you meet the requirements. You would just need to fill in Form I-129 and send it to the United States Citizenship and Immigration Services (USCIS), and provide documents confirming your citizenship and investment.
Am I Permitted to Work in the US while my E-2 Visa Application is in Progress?
No, you can only work in the U.S. only once your visa has been approved and you have obtained work authorization.
How Can I Renew My E2 Visa?
If your business is still operating, is not violating any rules or laws, and is still eligible based on the E-2 requirements, you can apply for the renewal of your visa by submitting Form DS-160 along with relevant documents.
Can I Still Apply For an E-2 Visa Despite Being Rejected From Past US Visa Applications?
Yes, even if you have been denied from a previous U.S. visa application, this does not automatically disqualify you for an E-2 Treaty Investor Visa.
Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Immigration outcomes depend on specific case details. Prospective investors should consult a qualified U.S. immigration attorney.
Attorney Credentials (Mark I Davies, Esq.)
Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.
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Education
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JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW) |
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Financial Training
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Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting |
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Legal Practice
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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 |
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Immigration Track Record
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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
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Recognition
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Named a
Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
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Professional Engagements
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Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences |
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