E-2 Treaty Investor Visa
For investors and entrepreneurs from treaty countries who are building and running a business in the U.S.
2-4 months
Processing Time
Up to 5 years (renewable indefinitely)
Duration
Overview
The E-2 Treaty Investor visa allows nationals of treaty countries to enter and work in the United States based on a substantial investment in a U.S. business. The investor must be coming to the U.S. to develop and direct the business enterprise.
Unlike the EB-5 immigrant investor visa, the E-2 is a non-immigrant visa with no minimum investment amount. However, the investment must be "substantial" relative to the total cost of the business and sufficient to ensure the investor's commitment to the success of the enterprise. Generally, investments of $100,000 or more are considered substantial for most businesses.
The E-2 visa is renewable indefinitely as long as the business remains operational and the investor continues to direct it. The visa also allows the investor to bring key employees from the same treaty country. E-2 spouses receive automatic work authorization in the U.S.
Key Requirements
- You are a citizen of a treaty country with E-2 agreements with the U.S.
- You are investing a substantial amount in a U.S. business
- You will own at least 50% of the business or have operational control
- The investment is at risk and irrevocably committed
- The business is not marginal and will generate more than a living
Frequently Asked Questions
There is no minimum amount, but the investment must be 'substantial' relative to the business type. For service businesses, $100,000+ is typically expected. For restaurants or retail, $150,000-$300,000+ is common. Manufacturing may require $500,000+. The key is that funds must be sufficient to ensure business success.
Over 80 countries have E-2 treaties with the U.S., including UK, Germany, France, Japan, Australia, Canada, Mexico, and many others. Notable countries WITHOUT E-2 treaties include China, India, Russia, and Brazil. Treaty countries can change, so always verify current status.
E-2 is a non-immigrant visa with no direct path to a green card. However, E-2 holders can pursue green cards through other means such as EB-5 investment, employer sponsorship (PERM), or extraordinary ability categories. Many E-2 holders renew indefinitely instead.
Yes, E-2 spouses automatically receive work authorization when granted E-2 dependent status. They can work for any employer in any field—they are not restricted to working for the E-2 business.
A marginal enterprise is one that does not have the capacity to generate significantly more income than just providing a living for the investor and family. E-2 businesses must demonstrate they will create jobs, stimulate the economy, and be more than just self-employment.
E-2 Visa Roadmap
A comprehensive guide to the E-2 treaty investor visa for entrepreneurs and investors from treaty countries.
Not sure if this is the correct option for your situation and goals?
In their own words
I cannot say enough wonderful things about the entire team at Serotte Law, and how seamless they made my process in obtaining my nonimmigrant E1 Treaty Trader visa. I had the distinct pleasure of working with Rita Georges as my lawyer and Brenna Scanlon as my paralegal, both of whom offered incredible guidance through every step of the process. They both went out of their way to provide support not only outside standard business hours, but even during the Thanksgiving weekend when an urgent matter arose in my case. Danielle Roberts also played an important role supporting me throughout my journey and her dedication and timeliness were invaluable. Although the process was backlogged due to delays related to the pandemic, the entire team was continually in touch with me providing updates and any time I had a question (and there were many) I received a response almost instantly. Truly "white-glove", five star service from start to finish. Of note, the firm is especially skilled in working with entrepreneurs such as myself and was extremely detailed and meticulous in assembling my application package, leaving no detail to chance. In the instance I needed a referral to a business plan expert, they were quick to provide a recommendation with whom I also had an outstanding experience. Even for some unexpected issues in my case (namely, administrative processing) the entire team was both knowledgeable and supportive about what needed to be done such that I was ultimately successfully issued my E1. Your search for a law firm ends here.
Adam Haroun
Google Review
Prompt, efficient and proactive professionals, while being communicative and transparent every step of the way!! But most importantly, kind, compassionate and responsible. That is how I would describe Serotte Law(yers), in the true sense of every word!! I switched over to Serotte law 5 years ago, and as we all know switching law firms is a more tedious process than starting afresh, but Brenna made it seamless for me. Brenna Scanlon, their Managing paralegal is a highly qualified immigration expert, extremely well versed in her field of knowledge, and all of this while being a kind and compassionate human being. I don’t know of any other law firm that will call you after hours but these guys will. They will treat your sense of urgency as their own and that’s what stands them apart from the plethora of immigration lawyers out there!! Rita George’s, a highly capable and forthcoming lawyer, a solution finder, will guide you smoothly through every situation, every step of the way!! Immigration applicants tend to face many interrelated issues as well, but Serotte law guides you to the best of their ability there too, and if it’s not their forte they will refer you to the best of the best in the business - kinda like a concierge service!!! Thank you once again to team Serotte, Rita George’s, Brenna Scanlon, Danielle Roberts, Asia Battle, Mike Farrell, and everybody else for your able guidance and services.
KHANNA, Sahil
Google Review
I have had the pleasure of working with Serotte Law for the past 10+ years, and I cannot recommend their services highly enough. From the very beginning, they have provided exceptional support and guidance through every step of my US immigration journey. Initially, Serotte Law assisted me with obtaining and renewing my L-1A visas. Their deep understanding of immigration law and meticulous attention to detail ensured a smooth and successful application process. Over the years, they have consistently demonstrated their expertise and dedication, making what could have been a stressful experience remarkably manageable. Most recently, Serotte Law helped me achieve a significant milestone: obtaining my green card. Their unwavering commitment and personalized approach were instrumental in this success. The team at Serotte Law, specifically Rita Georges and Asia Battle, is not only highly knowledgeable but also incredibly responsive and compassionate, always taking the time to address my concerns and keep me informed. If you are seeking reliable and professional assistance for your US immigration needs, look no further than Serotte Law. Their proven track record, coupled with their client-focused approach, makes them the ideal choice. I am immensely grateful for their support and wholeheartedly recommend their services to anyone navigating the complexities of US immigration.
Bryan Shapcott
Google Review
I have worked with quite a few immigration attorneys in the last 7 years, and the team at Serotte Law is one of the best I have encountered. As an immigrant that requires work authorization to live in the US, immigration is always on my mind, and I am always stressing about it to some degree. This changed after my firm hired the team at Serotte Law. They handled my H1B transfer, PERM, I-140, and H1B Extension applications flawlessly. They guided me and my company through every step of the process and make sure we were on-track to meet the deadlines. My timeline to procure the I-140 was pretty tight. As such, Susan and team wasted no time in getting all the document in order, and staying on top of the case in the last 18 months. I received regular status updates, prompt email responses, and complete transparency in the process at every step of the way. I would 100% recommend hiring this team for all your work based immigration needs.
Dhaval Bajaria
Google Review
Resources
E-2 Visa Roadmap
A comprehensive guide to the E-2 treaty investor visa for entrepreneurs and investors from treaty countries.
The FY 2027 H-1B Lottery: Weighted Selection Based on Wage Level
Conor Schneider
H-1B Visa Roadmap
A comprehensive guide to the H-1B specialty occupation visa, covering eligibility requirements, the cap and lottery process, filing documentation, admission periods, and key strategies for employers and foreign professionals.
Immigration Law Firm AI — How We Think About It at Serotte
.jpg&w=48&q=75){kind=small}
Rita Georges
The Alien Registration Requirement Explained
Immigration law is narrative problem solving
.jpg&w=48&q=75){kind=small}
Michael Serotte
The “Gold Card” Is Coming
Katja FrommerReady to get started?
Take our free immigration assessment to find resources tailored for you, or book a consultation with our immigration attorneys to map out the strongest path to your destination.
Explore other visa options
E-1 Treaty Trader Visa
For nationals of treaty countries engaged in substantial, ongoing trade between the U.S. and their home country.
EB-5 Investor Visa
For entrepreneurs or investors making a substantial U.S. business investment that must create jobs for American workers.
L-1 Visa
For multinational companies transferring executives, managers, or specialized employees to a U.S. office.