Visa Focus Friday: The E-2 Treaty Investor Visa – Building Businesses, Building Futures

This week, we are spotlighting the E-2 Treaty Investor Visa, a dynamic option for entrepreneurs and investors from treaty countries who want to start or expand a business in the United States.  Unlike the EB-5 visa, which requires a significant investment for permanent residency, the E-2 visa offers a more flexible nonimmigrant pathway for business leaders ready to contribute to the U.S. economy.

What Is the E-2 Visa?

The E-2 Treaty Investor Visa is available to nationals of countries that maintain a treaty of commerce and navigation with the United States.  It allows investors to live in the U.S. while developing and managing their investment enterprise.

Who Qualifies?

To be eligible for the E-2 visa, applicants must demonstrate that:

• They have invested, or are actively in the process of investing, a substantial amount of capital in a U.S. business.
• They are entering the U.S. solely to develop and direct the enterprise.  This generally requires at least 50% ownership of the business or operational control.
• The investment is at risk and committed to the business (not just speculative funds).
• The enterprise is more than marginal, meaning it must generate sufficient income to support the investor and their family or have a significant economic impact in the U.S.
• They are a national of a country with a qualifying treaty with the U.S.
  • ​E-2 Treaty Countries
    Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslavia.
    
    

Investment Requirements

While there is no set minimum investment amount, the investment must be considered “substantial” relative to the cost of the business.  For small businesses, investments may be in the range of $100,000–$200,000, though successful E-2 applications have been approved with lower amounts if the business plan is strong and job creation is demonstrated.

Duration and Renewals

• E-2 visas are typically issued for up to two years at a time.
• They can be renewed indefinitely as long as the investment enterprise continues to operate and meet E-2 requirements.
• Spouses and children under 21 can accompany the investor, and spouses are eligible to apply for work authorization.

Benefits of the E-2 Visa

• Flexibility:  Unlike the EB-5, there is no fixed minimum investment amount.
• Speed:  E-2 visas are often processed more quickly than many employment-based visas.
• Renewable:  As long as the business remains viable, there is no cap on renewals.
• Family Opportunities:  Spouses can work in the U.S., and children can attend school.
• Entrepreneurial Control:  The investor maintains ownership and control of the enterprise.

Limitations of the E-2 Visa

• It is a nonimmigrant visa, so it does not directly lead to a green card.
• Only nationals of treaty countries are eligible.
• The business must remain active and viable; passive investments (such as owning real estate) do not qualify.

Why the E-2 Visa Matters

The E-2 visa empowers entrepreneurs to bring fresh ideas, businesses, and jobs to the United States. It serves as a bridge between innovation abroad and opportunity in the U.S. economy—making it a powerful option for individuals ready to create and contribute.

At the Law Office of Julia L. Stommes, we have experience guiding investors through the E-2 process—from preparing business plans to assembling strong petitions that highlight both the financial commitment and the potential economic impact.

Whether you are a small business owner, a startup founder, or an experienced entrepreneur, we are here to help you transform your investment into opportunity.
📩 For personalized legal guidance or representation, contact us at [email protected].