Which countries qualify for E-2?

Only nationals of countries that maintain a qualifying treaty of commerce and navigation with the United States are eligible. The list changes over time, and not every country participates. We confirm your nationality qualifies before proceeding.

Can my spouse work on an E-2?

Yes. E-2 dependent spouses are generally authorized to work in the United States incident to their status. Children under 21 can accompany you as dependents but are not authorized to work. This makes the E-2 attractive for families.

How long can I stay on an E-2?

E-2 status is granted for a defined period and can be renewed indefinitely as long as the business keeps operating and you remain eligible. Each entry is typically admitted for up to two years. There is no cap on the number of renewals.

Can the E-2 lead to a green card?

The E-2 itself does not convert to permanent residence, but many investors later pursue a green card through EB-5 or another category. Because E-2 requires nonimmigrant intent, we plan any transition to a green card carefully to avoid conflicts.

E-2 — Treaty Investor — Headman Law Group

What Is the E-2 Visa?

The E-2 Treaty Investor visa allows a national of a country that maintains a qualifying treaty of commerce with the United States to enter and remain in the U.S. to develop and direct a business in which they have invested a substantial amount of capital. It is one of the most flexible options for entrepreneurs from treaty countries.

Unlike EB-5, the E-2 is a nonimmigrant visa rather than a green card, but it can be renewed indefinitely so long as the business continues to operate and the investor maintains intent to depart when the status ends. There is no fixed minimum investment, and processing is generally faster than immigrant-investor options.

What the E-2 Provides

Authorization to live in the U.S. and run your invested business.
Renewable indefinitely while the enterprise operates.
No fixed minimum investment — proportionality is the test.
Work authorization for a spouse as an E-2 dependent.
Children under 21 may accompany you as dependents.
Generally faster processing than immigrant-investor routes.

E-2 Eligibility

The E-2 turns on nationality, a real investment, and your role in the business.

Treaty-Country Nationality
You are a national of a country that maintains a qualifying treaty of commerce and navigation with the United States.
Substantial Investment
You have invested, or are actively in the process of investing, a substantial amount of capital that is proportional to the total cost of the business.
Bona Fide Enterprise
The investment is in a real, active, operating commercial enterprise — not a passive holding such as undeveloped land or idle funds.
At-Risk Capital
The funds are committed and at risk, subject to partial or total loss if the business fails.
Develop and Direct
You will develop and direct the enterprise, typically through at least 50% ownership or operational control.

The E-2 Process

E-2 status can be obtained at a U.S. consulate abroad or, in some cases, by change of status inside the U.S.

Step 01

Eligibility & Business Review

We confirm treaty-country nationality, assess whether the investment is substantial and at risk, and review the enterprise's structure.

Step 02

Investment & Business Plan

We document the committed capital and prepare a business plan showing the enterprise is real, operating, and capable of generating more than a marginal living.

Step 03

Consular Application or Change of Status

We file the E-2 application with the appropriate U.S. consulate, or request a change of status with USCIS where the applicant is already in the U.S.

Step 04

Maintain & Renew

E-2 status is granted for a set period and can be renewed indefinitely while the business continues to operate and you maintain eligibility.

Evidence for an E-2 Visa

E-2 cases focus on the investment, the business, and your control of it.

Investor & Funds

Passport showing treaty-country nationality
Source-of-funds and transfer records
Proof the capital is committed and at risk
Ownership and control documents

Business

Business plan with financial projections
Lease, payroll, and operating records
Formation and licensing documents
Evidence the enterprise is more than marginal

Frequently Asked Questions

No fixed minimum exists. The investment must be 'substantial' in relation to the total cost of the business — a smaller business requires proportionally more of its cost to be invested. In practice, many E-2 cases involve six-figure investments, but the right figure depends on the specific enterprise.