E2 visa requirements
The investor must be a national of a treaty country and must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide U.S. enterprise, “as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living.”[2] The investor must be coming solely to develop and direct the enterprise and must intend to leave when E-2 status ends.[2][1]
| Term | What the regulation says |
|---|---|
| Substantial investment | Substantial in relation to the total cost of buying or creating the business, enough to ensure commitment, and large enough to support the likelihood of success. The lower the cost of the business, the higher the proportion invested must be. |
| Not marginal | The business must have the present or future capacity to generate more than enough income for a minimal living for the investor and family; future capacity should generally be realizable within 5 years. |
| Develop and direct | At least 50% ownership, or operational control through a managerial position or other corporate device. |
| Treaty nationality | The business must be at least 50% owned by nationals of the treaty country; E-2 employees must share that nationality. |
There is no fixed minimum dollar amount. The State Department keeps the list of treaty countries; USCIS defines a treaty country as one with a treaty of commerce and navigation, a qualifying international agreement, or designation by legislation.[1]
How long the E-2 lasts
E-2 admission is for an initial period of up to 2 years, and extensions are granted in increments of up to 2 years with no limit on how many.[2][1] A returning E-2 worker may generally receive an automatic two-year period of readmission.[1] Inside the U.S., a change to or extension of E-2 status is requested on Form I-129, and premium processing is available for E-2 petitions.[3]
E-2 spouses and children
Spouses of E-2 workers in valid E-2 status are employment authorized incident to status; since January 30, 2022 their I-94 records carry the E-2S code as evidence.[1] Children under 21 may accompany the investor but are not work-authorized through E-2.
E-2 compared with other work visas
Unlike the H1 B visa, the E-2 has no lottery, no degree requirement and no 6-year limit, but it never leads directly to a green card and depends on treaty nationality. Executives moving within a multinational often use the L1 visa instead, and people with exceptional records can use the O-1 visa.
Frequently asked questions
How much money do you need for an E2 visa?
No fixed minimum is set by law or regulation. The investment must be substantial in proportion to the cost of the business and enough to make the business likely to succeed and more than marginal.
Can E2 visa holders get a green card?
Not through E-2 itself, which requires intent to depart when status ends. A green card needs a separate basis, such as family, employment or an EB-5 investment.
Can my spouse work on an E2 visa?
Yes. Spouses of E-2 workers in valid status are work-authorized incident to status, shown by the E-2S code on the I-94.