E-2 Visa FAQ - Treaty Investor Visa
We provide strategic, compliant, and tailored E-2 visa solutions for treaty investors — from investment structuring and business plan development to petition preparation and consular representation — ensuring your U.S. enterprise meets both immigration and business objectives.
What is the E-2 visa?
The E-2 visa allows nationals of certain treaty countries to enter and work in the U.S. based on a substantial investment they are making in a U.S. business. It is a nonimmigrant visa, meaning it does not directly lead to permanent residence. At Versfeld & Hugo LLC, our experienced Kansas City, Missouri immigration attorneys assist investors in navigating the E-2 visa process and provide guidance to maximize the chances of a successful application
Who qualifies for an E-2 visa?
To qualify, the applicant must:
- Be a citizen of a country that has a treaty of commerce and navigation with the U.S.
- Make or be in the process of making a substantial investment in a U.S. business.
- Be coming to the U.S. to develop and direct the business or work in an executive, supervisory, or essential role.
- Demonstrate that the business is real, operating, and not marginal.
What is considered a “substantial investment”?
There is no fixed minimum, but the investment must:
- Be sufficient to ensure the successful operation of the business.
- The law does not specify a minimum investment amount, it depends on the type of business
- Be at risk (i.e., actively committed, not just sitting in a bank account).
What countries are eligible for E-2 visas?
Only nationals of countries with a bilateral investment treaty with the U.S. are eligible. Examples include:
- Canada, United Kingdom, Germany, Japan, France, South Korea, Australia, and many more.
You can find the full list here: U.S. Department of State – Treaty Countries
Can I start a new business or buy an existing one?
Yes. E-2 investors can:
- Start a new business in the U.S.
- Buy an existing business, including franchises, as long as they meet all E-2 requirements.
How long is the E-2 visa valid?
- Validity varies by treaty country, typically between 3 months and 5 years, but can be renewed indefinitely.
- Each entry allows a stay of up to 2 years, with the possibility of extensions.
Can I bring my family on an E-2 visa?
Yes. E-2 visa holders may bring:
- Their Spouse, and
- Unmarried children under 21
Spouses of E-2 visa holders are work authorized incident to status, similar to L-1 spouses, and can work in any lawful job. Children can attend school but cannot work
Can E-2 visa holders work for another employer?
No. E-2 status is employer-specific and business-specific. You can only work for the E-2 business or a related entity, unless a change of status or a new visa is filed. However, spouses of E-2 visa holders on E-2S status are allowed to work for any employer in the U.S.
Is the E-2 visa a path to a green card?
Not directly. However, some options for transitioning to a green card include:
- EB-5 Immigrant Investor Visa (requires higher investment)
- EB-1C (if the business grows into a multinational and the investor is in an executive role)
- Family-based or employment-based green cards (through sponsorship)
What kind of businesses qualify for E-2?
Almost any legal, for-profit business may qualify, including:
- Restaurants
- Consulting firms
- Retail stores
- Tech startups
- Franchises
The key is that the business must be real, active, and capable of generating more than marginal income.
Can an E-2 visa be denied?
Yes. Common reasons for denial include:
- Investment not being substantial or "at risk"
- Business not being viable or marginal
- Applicant not having the appropriate nationality
- Failure to show intent to depart the U.S. upon visa expiration
Can employees of an E-2 company apply for E-2 visas?
Yes. Employees must:
- Be the same nationality as the principal investor
- Be coming to the U.S. to fill an executive, supervisory, or essential skill position
Can I apply for the E-2 visa from within the U.S.?
Yes, you may apply for a change of status to E-2 if you’re already in the U.S. on a valid visa. However, you must leave the U.S. and apply at a U.S. consulate abroad to receive a visa stamp for re-entry.
How long does it take to get an E-2 visa?
- Processing at a U.S. consulate: usually 4–8 weeks, depending on the location.
- Change of status through USCIS: 2–6 months, or 15 days with premium processing.
What is a “marginal” business and why does it matter?
A marginal business is one that:
- Does not have the present or future capacity to generate more than just enough income for the investor and their family. E-2 businesses must show the ability to:
- Support additional employees or
- Make a significant economic contribution
Your EB-3 priority date may be retained for the EB-2 petition.
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