E-2 Visa Validity Periods
An E-2 Visa is usually granted for a maximum number of 5 years. However, depending on your case and/or your country of residency, an E-2 visa can be granted on rare occasions for a period as short as a year.
What is the E-2 Treaty Investor Visa?
The E-2 Treaty Investor Visa allows citizens of eligible treaty countries to live and work in the United States by investing in a qualifying business. This non-immigrant visa is designed for entrepreneurs, investors, and key personnel who play an active role in managing or growing the enterprise.
Key Features
- Investment requirement: Applicants must make a substantial financial commitment to a real, operational business. The investment must be at risk with the potential for generating profit.
- Active role: Investors must develop and direct the enterprise, typically demonstrated by majority ownership or a key managerial position.
- Eligibility: Applicants must hold citizenship in a country that maintains a valid commerce treaty with the United States.
- Business viability: The business cannot be marginal; it must generate enough income to exceed basic living expenses or significantly contribute to the U.S. economy.
Benefits of the E-2 Visa
- Work authorization: Visa holders can work exclusively for their business or as key personnel in a qualifying role.
- Flexibility: The visa is granted for two years initially, with unlimited two-year renewals as long as requirements are met.
- Family access: Spouses can apply for work authorization, and children under 21 may live and study in the U.S.
- Travel options: Visa holders can travel freely in and out of the United States while maintaining their status.
Application Process
Applicants can apply at a U.S. Embassy or Consulate or, if already in the U.S., file for a status change with the United States Citizenship and Immigration Services (USCIS) using Form I-129. A strong application includes evidence of the investment, the business’s viability, and the applicant’s active involvement.
What is the Timeline for Obtaining an E-2 Visa?
When you’re looking to secure an E-2 visa, you can expect the process to unfold over several months. Whether you’re submitting your application from within the United States or from abroad, the duration varies based on different factors, such as the consulate or services used.
Applying from Within the U.S.
For those already in the U.S., most applicants receive a decision in about 2.1 months. Selecting Premium Processing can enhance this speed. Premium Processing provides a faster route and involves an extra fee, often leading to a decision within 30 days.
Applying from Outside the U.S.
If you’re applying from outside the U.S., your wait time will vary based on the consulate you choose, ranging from a few weeks to several months. Each consulate has different procedures, requirements, and timelines, so it’s important to check their specific guidelines. Detailed processing times and requirements are usually found on the individual consulate’s website, or you can search through the U.S. Department of State’s official site for more guidance.
Obtaining an E-2 visa can vary between a swift few weeks to a prolonged wait, contingent upon geographic location and chosen services. It’s crucial to plan accordingly and seek detailed information from relevant consular resources.
Is Premium Processing available for an E-2 visa, and how does it impact the timeline?
If you’re applying for an E-2 visa, Premium Processing is an option worth considering. This service is designed to speed up the review of your Form I-129, which is used to change or extend your status while in the United States (U.S.). It’s an excellent way to cut through potential delays—though it does come with an additional fee. As of February 2024, that fee stands at $2,805. To request Premium Processing, you’ll need to submit Form I-907 alongside your petition.
How It Impacts Your Timeline
- Standard Processing: Without Premium Processing, it’s hard to predict how long the process will take. Timelines can stretch into several months depending on United States Citizenship and Immigration Services workloads and case complexity.
- Premium Processing: With this option, the USCIS guarantees a decision within 15 calendar days. This doesn’t mean your petition will automatically be approved within this time—it may result in an approval notice, denial, or a request for further evidence (RFE). If the USCIS requests additional evidence, the 15-day clock pauses and resumes once you provide the requested information.
Things to Keep in Mind
Premium Processing only accelerates the USCIS review of your Form I-129. It doesn’t influence other parts of the E-2 visa process. For instance:
- Consular Interviews: If you’re applying from outside the United States, you’ll still need to book and attend an interview at a U.S. embassy or consulate. Scheduling availability can vary widely by location.
- Post-Approval Steps: Even with a quick USCIS decision, administrative processes at the consulate might take additional time.
Why Consider Premium Processing?
If timing matters to you—whether for launching a new business, meeting deadlines, or handling other time-sensitive commitments—this service provides a significant advantage. A quicker USCIS decision means fewer unknowns, letting you focus on preparing for the next steps of your E-2 journey.
What Happens After an E-2 Visa is Approved?
Once your E-2 visa is approved, it’s time to take the next steps to fully embrace your new status. Whether you’re in the United States or abroad, here’s what happens next and how you can confidently move forward.
For Applicants in the U.S. (Change of Status)
If you applied for and received an E-2 visa through a Change of Status while in the U.S., here’s what to expect:
- Approval confirmation: You’ll receive Form I-797, Notice of Action, officially documenting your change to E-2 status. Keep this form safe; it’s your proof of authorization.
- Employment authorization: From this point on, you’re legally allowed to work for the business specified in your E-2 application. This is the enterprise you’ve invested in and are actively developing.
- Travel outside the U.S.: If you leave the U.S. after a Change of Status, you’ll need to secure an E-2 visa stamp at a U.S. consulate or embassy before re-entering the country. This process involves submitting a complete E-2 visa application for review and approval. It’s not a quick stamp—come prepared with all the required documentation.
For Applicants Abroad (Consular Processing)
If your E-2 visa was granted through consular processing while outside the U.S., here’s what’s next:
- Visa Issuance: The U.S. consulate or embassy where you applied will stamp your E-2 visa into your passport, granting you permission to travel to the U.S.
- Entry to the U.S.: When you arrive, a Customs and Border Protection (CBP) officer will inspect you at the port of entry. Be ready to present your passport, visa, and supporting documents, such as evidence of your investment and the business’s operational status.
- I-94 Arrival/Departure Record: Once admitted, the CBP officer will create your I-94 record, which documents your E-2 status and authorized period of stay. This is an essential document, so check for accuracy. You can retrieve your I-94 online from the CBP website.
- Authorized to work: After entering the U.S., you’re officially authorized to work for your E-2 enterprise and focus on growing the business.
Steps for All E-2 Visa Holders
Whether you changed status or arrived with a visa, these steps apply:
- Social Security Number (SSN): If you don’t already have an SSN, apply for one at your local Social Security Administration office. You’ll need it for lawful employment and tax purposes.
- Tax Compliance: As an E-2 visa holder, you are responsible for meeting all U.S. tax obligations. This includes federal, state, and possibly local taxes. To avoid any surprises, consider consulting a tax professional familiar with non-immigrant tax requirements.
By following these steps, you can ensure a smooth transition into your new role as an E-2 visa holder.
How to Determine a Substantial Investment for an E-2 Visa?
When applying for an E-2 visa, the concept of a substantial investment is key—but there’s no set dollar amount. Instead, the United States (U.S.) government has laid out specific guidelines to help define what qualifies as substantial, and it varies based on your business type and other factors.
1. Investment Relative to Business Type
- Percentage over price: The smaller your business, the more funds you’ll need to invest. This means that a small business will often require a higher percentage of funds compared to a large, capital-intensive business.
- Nature of the business: If your business is service-oriented, it will likely require a higher percentage investment relative to the total cost. In contrast, capital-heavy businesses, like manufacturing, may have lower percentage requirements but still need significant funds.
2. Economic Impact Beyond Personal Gain
- Sustaining more than just family: The business must show it will have a broader economic impact, like creating jobs or contributing to the local economy. Simply covering your personal living expenses won’t meet the requirements. The enterprise should have a genuine potential for growth and positive impact beyond your own household.
3. Other Key Factors to Consider
- Irrevocability and risk: The investment must be committed and at risk. You can’t just park money in the business and withdraw it at will. The funds must be actively involved in the business, and if the venture fails, you could lose them.
- Sufficient to run the business: Your investment should be enough to make the business viable and allow you to develop and run the operation. It must cover both the startup and ongoing operating costs, ensuring that the business can operate and grow.
Every E-2 case is unique, so be prepared to show the U.S. government how your investment meets these requirements.
Who is Eligible for an E-2 Visa?
If you’re dreaming of living and working in the United States while running your own business, the E-2 visa might be the perfect pathway for you. This visa allows individuals from treaty countries to invest in a U.S. business and take on a key role in its operation. But how do you know if you’re eligible? Let’s break down the key requirements so you can determine if this path is right for you.
1. Nationality requirement
To qualify, you must hold citizenship in a country that has a treaty of commerce and navigation with the United States. Over 80 countries are included in this agreement, and you can find the full list on the U.S. Department of State’s website.
2. Investment criteria
Your investment in a U.S. business must be substantial. This means the amount should be enough to ensure the business can succeed. The funds must be “at risk,” meaning they should be committed to the business and not easily withdrawn. You need to show that you’re genuinely committed to the venture and that the investment will help the business grow.
3. Role and management
As an E-2 visa holder, you must play an active role in managing the business. This typically involves owning at least 50% of the company, having control over it, or serving in an executive or managerial position. Your involvement should be critical to the business’s operations, requiring you to spend substantial time in the U.S. to oversee it effectively.
4. Business viability
The business needs to be a real, operational enterprise—not one that merely provides a basic living for you and your family. The enterprise should have the potential to create jobs and contribute to the U.S. economy. The U.S. government looks for businesses that show signs of growth and the ability to provide meaningful economic impact.
5. Source of investment funds
You must demonstrate that your investment funds come from legitimate sources by providing detailed documentation of how the funds were obtained and transferred to the U.S. business. Ensuring the integrity of your investment is crucial to meeting the eligibility requirements.
What Types of Businesses Qualify for the E-2 Visa?
The E-2 visa opens doors for entrepreneurs and investors to bring their business ambitions to life in the United States (U.S.). With the flexibility to choose from a wide range of business types, it’s an attractive option for those ready to make a substantial investment and take on a leadership role. But what kinds of businesses qualify?
Starting a Business from Scratch
Starting a business from the ground up allows you to design every aspect of your operation. From developing your concept to hiring staff and opening your doors, this option is ideal for those with a strong vision and the drive to create something entirely their own. To qualify, your business plan must show how the venture will operate successfully and contribute to the U.S. economy.
Purchasing an Existing Business
Buying a business that’s already operational can save you time and offer an immediate revenue stream. This approach can be a great choice if you’re looking to avoid the challenges of starting from zero. To meet E-2 visa requirements, you must demonstrate how you plan to maintain and grow the business.
Investing in a Franchise
Franchises are a great option for E-2 investors, offering a proven business model, established branding, and continued support from the franchisor. Popular franchise opportunities include restaurants, retail stores, and fitness centers, making them a common choice for many applicants.
Starting a Small Service Business
Service-oriented businesses like cafes, salons, or consulting firms are common under the E-2 visa. These businesses typically involve direct customer engagement and allow you to leverage your unique skills and expertise.
Opening a Professional Practice
Professionals like lawyers, accountants, and healthcare providers can leverage their credentials to start their own practices in the U.S. This path lets you use your expertise while making a meaningful contribution to the local community.
Operating Commercial Ventures
Larger ventures, such as manufacturing businesses, import/export companies, or retail shops, are also viable options. These types of businesses often require a significant investment but can provide a substantial economic impact by creating jobs and generating revenue.
General Requirements for E-2 Businesses
Regardless of the business type, E-2 visa applicants must meet these key criteria:
- Active operations: The business must actively offer goods or services. Passive investments, like holding real estate, do not qualify.
- Significant investment: The investment amount must be large enough to support the business’s success. The exact figure depends on the industry and scale of operations.
- Economic viability: The business must generate enough income to support the investor and their family and make a meaningful economic contribution, such as job creation.
- Direct involvement: The investor must be actively involved in managing or directing the business. Ownership or a significant managerial role is required.
Choosing the Right Path
The E-2 visa provides room for creativity and choice, but success requires careful preparation. Selecting a business that matches your skills and interests while meeting the visa’s requirements is essential.
How Does the E-2 Visa Accommodate Business Types and Investments?
The E-2 visa offers a great opportunity for entrepreneurs who want to invest in and run a business in the United States (U.S.). It is flexible, allowing you to start something new, buy an existing business, or even invest in a franchise. Let’s dive into the types of businesses that qualify for the E-2 visa and explore what it takes to create a successful application.
Start a New Business
If you have a fresh business idea or an innovative service, starting a new business could be your path forward. The E-2 visa supports those ready to build something from scratch. To qualify, you will need a solid business plan, a clear strategy for growth, and, of course, the financial backing to bring your vision to life. This is a great option if you are ready to take the plunge and start your own venture in the United States.
Buy an Existing Business
For some, buying an established business is a more appealing choice. The advantage here is that you work with a proven business model and an existing customer base. This can give you a head start when it comes to generating revenue. That said, you will still need to demonstrate that you are committed to the success and growth of the business and that you plan to play an active role in its management.
Invest in a Franchise
Investing in a franchise is another popular route for E-2 visa holders. Franchises come with a tested business model and established brand recognition, making it easier to hit the ground running. With the support and resources that franchises often offer, you can step into a business that is already set up for success. If you prefer a structure with a little less risk, franchising could be a great fit for you.
Key Considerations
To qualify for the E-2 visa, there are a few important things to keep in mind. Your investment must be substantial—enough to show that you are committed to your business and its growth. Your business plan needs to demonstrate that you are ready to play an active role in the business’s management. And importantly, your business must have the potential to generate more than just a modest living—it should be capable of supporting both you and your family.
The E-2 visa offers great flexibility when it comes to business types, so there is a lot of room to tailor your investment to your strengths and interests. Whether you are starting something new or stepping into an established business, with the right planning and commitment, the E-2 visa can be your gateway to success in the United States.
What is the Process if an E-2 Visa Holder Applied from Overseas?
If you’re looking to invest in a United States (U.S.) business or take on a vital role in one, the E-2 visa can open the door to exciting opportunities. Here’s what you need to know about applying for an E-2 visa while outside the U.S., explained in clear, straightforward terms.
1. Confirm your eligibility
Start by ensuring you meet the E-2 visa requirements.
- You must be a citizen of a treaty country (check the U.S. Department of State’s list).
- Your investment must be substantial and placed in an active U.S. business—not a passive holding like real estate.
- If you’re an employee, your role should be either managerial, supervisory, or require specialized skills essential to the business.
Taking time to confirm these basics will set a strong foundation for your application.
2. Complete the necessary forms
Every application begins with paperwork, and accuracy is everything.
- Form DS-160: This is the standard online visa application. You’ll fill it out through the Consular Electronic Application Center.
- Form DS-156E: Required for treaty investors and essential employees, this form dives deeper into the nature of your business and investment.
Double-check your entries, as errors here can lead to delays later.
3. Gather your supporting documents
Your application isn’t just about forms—it’s about proof. Here’s what you’ll typically need:
- Evidence of your investment: This could be contracts, wire transfer receipts, or incorporation documents.
- A detailed business plan: Show how your business will operate, grow, and contribute to the economy. Be clear about projected revenues and job creation.
- Proof of intent to leave the U.S.: The E-2 visa requires that you maintain strong ties to your home country.
- Passport and photo: Make sure your passport is valid for at least six months beyond your planned stay, and follow the U.S. photo guidelines.
Having these documents organized will make the rest of the process smoother.
4. Schedule and attend your interview
Once your application is complete, submit it to the U.S. Embassy or Consulate in your country. After their review, you can book an appointment for your visa interview.
- Check your consulate’s specific requirements, as they may have additional forms or steps.
- At the interview, be ready to explain your business and investment. Consular officers want to see that your plans are legitimate, your investment is real, and your business can support itself and others.
Remember, your preparation shows your seriousness.
5. Receive your visa and plan your travel
If approved, your passport will be returned with an E-2 visa stamp, typically valid for up to five years (though this depends on your nationality). You can now arrange your trip to the United States.
- At the U.S. border, a Customs and Border Protection officer will review your documents. If everything is in order, they’ll admit you as an E-2 visa holder.
A Few Final Tips
- Fees: Be prepared to pay a $315 visa application fee, with potential additional charges based on your nationality.
- Timelines: Processing times differ by consulate, so apply early to avoid unnecessary stress.
- Stay Flexible: Procedures vary across U.S. Embassies and Consulates. Check their websites regularly for the latest updates.
How to Apply for E-2 Status from Within the U.S.
If you’re already in the United States (U.S.) and want to apply for E-2 status, follow these steps to file a change of status through the United States Citizenship and Immigration Services (USCIS):
1. Confirm Eligibility
- Verify that you’re a national of an E-2 treaty country.
- Ensure you meet E-2 criteria:
- You’ve invested, or are in the process of investing, a substantial amount in a legitimate U.S. business.
- Your investment funds are from a lawful source.
- You’ll manage and direct the business, not perform day-to-day labor.
2. Prepare Your Petition
Complete Form I-129 (Petition for a Non-immigrant Worker). Include:
- Evidence of your nationality.
- Financial documents proving your investment and its lawful origin.
- A business plan (if the business is new) detailing operations and projections.
- Proof of ownership or control of the business.
- Documentation showing intent to leave the U.S. when your E-2 status ends.
3. File with the USCIS
Submit Form I-129 and supporting materials to the USCIS. Double-check for accuracy and completeness. Premium processing is available for faster decisions, usually within 15 days.
4. Await USCIS Decision
- If approved, you’ll receive Form I-797 Approval Notice, granting E-2 status. This status is valid only while you remain in the U.S.
- If you travel internationally after approval, you must apply for an E-2 visa at a U.S. consulate to re-enter the country.
Important Considerations
- Maintain lawful status: Stay in valid immigration status while the USCIS processes your petition.
- Ineligible categories: Certain visa holders (e.g., C or D) cannot change to E-2 status from within the U.S.
- Processing times: Regular processing may take several months, so plan accordingly.
Do E-2 Visa Holders Need an Additional Work Permit?
No, as an E-2 visa holder, you don’t need a separate work permit. Your E-2 visa already gives you the legal right to work, but this is specifically tied to the business you’ve invested in. It’s designed to allow you to focus on building and managing your enterprise without the hassle of extra paperwork.
Key Things You Should Know:
- Your work is limited to your business: The E-2 visa only authorizes you to work for the enterprise you’ve invested in. This ensures that your efforts are directed toward the growth and success of your own business.
- No extra permits required: You don’t need an Employment Authorization Document (EAD) or any additional approvals to work within your business. Your visa status covers this entirely, as long as you maintain its validity.
- Stay actively involved: To keep your visa in good standing, you must play an active role in managing and operating your business. This hands-on involvement is a core part of the E-2 visa requirements.
What About Your Family?
If your spouse is joining you on a derivative E-2 visa, they are also allowed to work in the United States. They don’t need to apply for a separate work permit, as their visa status now provides automatic employment authorization. However, some spouses still choose to get an EAD because it can simplify the process of proving work eligibility to employers. Keep in mind, though, that children under the E-2 visa cannot work.
The E-2 visa’s work authorization is strictly tied to your business. If you’re considering employment outside your investment enterprise, you’ll need to look into other visa options.
For accurate, up-to-date details, check the United States Citizenship and Immigration Services website or consult an immigration attorney. Understanding your rights and responsibilities is essential to maximizing your E-2 visa.
Can Dependent E-2 Spouses Work in the U.S.?
Yes, as the spouse of an E-2 visa holder, you are eligible to work in the United States. Your E-2S status, which is reflected on your Form I-94 (Arrival/Departure Record), automatically grants you work authorization. This means you don’t need to apply for a separate Employment Authorization Document (EAD).
You can use your Form I-94 as proof of eligibility to work, whether you choose to be employed by a company or pursue self-employment. However, dependent children under E-2 status are not permitted to work in the U.S.
Can an E-2 visa holder change jobs while on an E-2 visa?
No, as an E-2 visa holder, you cannot switch jobs to work for another employer. Your E-2 visa is tied to the specific business you invested in, and your work authorization applies only to that enterprise.
That said, there’s flexibility within your own company. You can take on different roles, explore new departments, or even step into leadership positions—all within the scope of the business approved for your E-2 status. In some cases, it may be possible to work for a parent or subsidiary of the original enterprise, provided there’s a qualifying relationship, and your role remains consistent with the visa’s terms.
Can E-2 Visa Holders Travel Outside the U.S.?
Yes, E-2 visa holders are free to travel outside the United States. When you return, you’ll typically be granted a two-year period of admission, as long as your visa is valid. This makes it easier to manage international business obligations while maintaining your U.S. operations.
What You Should Keep in Mind:
- Stay engaged with your business: The E-2 visa requires you to play an active role in your investment. Long or frequent trips abroad could raise questions about your commitment to your U.S. business. To avoid complications, keep records of your travel and be ready to explain how your trips support your business.
- Check your documents before you go: Make sure your E-2 visa and passport are valid before traveling. If your visa is nearing its expiration date, take care of that in advance to ensure a smooth reentry.
- Re-entry process: When you come back to the U.S., you’ll need to present your valid visa and passport to Customs and Border Protection (CBP) officers. They’ll verify your eligibility and confirm your admission.
- Family travel: If your spouse or children have E-2 dependent visas, they can travel internationally too. Like you, they need valid visas and passports. Be mindful of extended absences, as these could affect their visa status.
Can dependent spouses or children of E-2 visa holders also obtain E-2 visas?
Yes, the spouse and unmarried children under 21 of an E-2 visa holder are eligible to apply for dependent E-2 visas. Spouses are granted E-2S status, while children receive E-2Y status, allowing them to remain in the United States for the same period as the principal visa holder.
- Spouse benefits: With E-2S status, spouses can work in the U.S. without applying for an Employment Authorization Document (EAD). Their Form I-94 (Arrival/Departure Record) indicating E-2S status serves as proof of work eligibility.
- Children’s status: Children under E-2Y status can attend school in the U.S., but they are not permitted to work.
- Nationality requirements: Dependents are not required to share the same nationality as the E-2 visa holder to qualify for these visas.