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E-2 Treaty Investor Visa: Investing in a U.S. Business
It is one of the most accessible pathways for foreign entrepreneurs, franchise buyers, and business owners who want to run a business in the United States. To qualify, applicants must have made, or be in the process of making, a substantial investment in a U.S. business.
Eligible Treaty Countries
E-2 availability depends on the nationality of the investor — not the country where the investment is made. The investor must be a national of a treaty country. The list of treaty countries is extensive and includes many countries in Europe, Latin America, and Asia — though notably not all countries qualify. Our attorneys advise on treaty country nationality issues, including planning for dual-national applicants.
The Substantial Investment Requirement
There is no fixed dollar threshold for the E-2 — the investment must be substantial relative to the total cost of acquiring or establishing the enterprise. Courts and USCIS apply a proportionality test: a $100,000 investment in a $100,000 business is more likely to qualify than a $100,000 investment in a $2 million business. The investment must also be at risk — meaning already committed to the enterprise and subject to loss if the business fails.
The Marginal Enterprise Prohibition
The enterprise must not be marginal — it must have the present or future capacity to generate more than enough income to provide a minimal living for the investor and family, or to make a significant economic contribution. Start-up businesses must present credible business plans demonstrating that the enterprise will meet this threshold within a reasonable period.
Direction and Control
The investor must come to the United States to develop and direct the enterprise. This is typically demonstrated by ownership of at least 50% of the business, or by holding a controlling managerial position — such as CEO, president, or managing partner.
E-2 for Key Employees
Qualifying employees of E-2 enterprises who share the treaty nationality may also obtain E-2 status if they are performing executive or supervisory duties, or have essential skills that are not available in the U.S. labour market.
Duration and Renewal
E-2 status is initially granted for up to two years, with unlimited renewals available in two-year increments as long as the investor maintains status and the enterprise continues to qualify. Unlike immigrant visas, the E-2 does not lead directly to a green card, but investors may pursue parallel immigrant pathways such as EB-5 or the EB-1C while holding E-2 status.
