United States E-2 Treaty Investor

The investor must hold citizenship of an E-2 treaty country. The U.S. enterprise must also have treaty-country nationality, generally because at least 50% is owned by qualifying treaty-country nationals. Citizenship, not place of residence or birth alone, controls this requirement.

There is no fixed government minimum. The investment must be substantial in proportion to the actual cost of establishing or purchasing the business. Lower-cost businesses typically require a higher percentage of the total cost to be committed. The enterprise must also have enough funding to become operational and succeed.

The investor must prove lawful source, possession, control and a clear path of funds. Capital must be irrevocably committed and exposed to commercial loss. Money simply sitting in an account is normally insufficient. Qualifying expenditures may include the business purchase price, equipment, inventory, leasehold improvements, professional costs and other genuine startup expenses. Properly structured escrow may be used in some transactions.

A new or early-stage E-2 enterprise normally requires a detailed five-year business plan. The business cannot be marginal. It should have the present or future capacity to produce more than a minimal living for the investor and family or make a meaningful economic contribution, often demonstrated through credible hiring, revenue and growth plans.

Viamora may assist with industry and market research, competitors, target customers, business model, pricing, sales, operations, staffing, job creation, startup costs, investment allocation, cash flow, financial projections, implementation and supporting commercial documents.

A note on AI-generated plans: Generic, inaccurate or unverified AI-generated material can undermine credibility.

Most applicants apply through a U.S. embassy or consulate using Form DS-160 and the post's E-visa procedures. The current E-visa application fee is USD 315 per applicant, plus any nationality-specific issuance fee. Applicants already in lawful U.S. status may, in some circumstances, request a change to E-2 status through USCIS, but that approval does not place an E-2 visa in the passport.

Qualified investors are generally admitted for up to two years at a time. Extensions may be granted in two-year increments without a fixed numerical maximum, provided the enterprise and investor continue to qualify and the applicant maintains the required intention to depart when status ends. Visa validity itself varies by nationality and is separate from the period of authorized stay.

A spouse and unmarried children under 21 may qualify as dependants. Qualifying spouses are generally work-authorized incident to status, while children are not. E-2 is a temporary classification and does not automatically lead to permanent residence. Any immigrant strategy must be assessed separately.