Immigration Law

E-2 Visa

E-2 Visa

E-2 Visa/Status – Investors and Essential workers


Basic Requirements:

E-2 Visa/Status is available for investors and essential workers who are citizens of a country that has a treaty with the United States allowing E2 Visa/Status.  In order to qualify, the majority interest and/or control of the invested business must be owned by a Citizen or Citizens of one of the treaty countries and the investor and essential worker must also be a Citizen of that country. In addition, the investment must be active and substantial. The investment must also not be marginal (meaning it must create jobs.) In order to qualify as an investor, he or she must also direct the investment (by managing the business). In order to qualify as an essential worker, the worker must be a specially trained and highly qualified employee who is essential to the invested business.

The investor must be a national of a treaty country.

Treaty countries currently include:

Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Costa Rica, Czech Republic, Democratic Republic of the Congo, Ecuador, Egypt, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Republic of Congo, Romania, Senegal, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslav.

On E-2 visa, you may:

  • Work legally in the company that is the investment vehicle in the U.S.

  • Travel freely in and out of the U.S.

  • Stay on a prolonged basis with unlimited two-year extensions as long as you maintain E-2 qualifications

  • Be accompanied by your dependents under 21, relatives and spouse. Your spouse may also work while in the U.S. while your dependents may attend U.S. schools, colleges, and universities, and do not have to apply for separate student visa.

However, disadvantages are as follows:

  • E2 visas are available only to nationals of countries (listed below) having investment treaties with the U.S.

  • You are restricted to work only for the specific employer or self-owned business that acted as your E2 visa sponsor

  • E2 visas are approved for two years at a time which makes the application/extension process slow.


Duration of Stay:

E-2 Status is typically granted for two years. As long as the investment and the invested business are still ongoing and viable, the E-2 status can be extended indefinitely (typically two years at a time).


Family Members:

Spouses and children (under 21 and not married) are eligible to obtain E-2 derivative status. They are allowed to accompany the E-2 treaty investor/essential worker and remain in the United States. In addition, spouses may apply for employment authorization, and once approved, may work at any legal jobs. Individuals holding E2 derivative status may also attend schools.


Key Points:

  •   The investment must be substantial.

It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise. While some investments of less than $100,000 are approved, it’s safe to say that the investment capital and reserves should total no less than $100,000.


  • The investor must have control of the funds.

At risk means that the investor is to be irrevocably committed. If you’re able to walk away from the investment without losing anything, you do not qualify. The applicant must have already spent the money towards the startup, purchase of a U.S. business, or enterprise. Loans secured with the assets of the investment enterprise are not allowed. The investment must be at risk of being lost due to the business or enterprise being unsuccessful. 


  • The investment must be a real operating enterprise.

A real operating enterprise means that the enterprise must be offering a tangible good or service. Examples of these enterprises are restaurants, retail stores, medical offices, etc. Speculative or idle investment such as real estate investments, undeveloped land, or stocks held by an investor who has no intent to direct the enterprise does not qualify. Similarly, uncommitted funds in a bank account or similar security are not considered an investment.


  • The investment may not be marginal.

A marginal enterprise will not project enough return on investment to make a significant economic contribution.


  • The investor must be coming to the U.S. to develop and direct the enterprise.

If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify. The government will not grant you an E2 visa if they don’t believe you play an important role in the enterprise. 

You must show that you will develop and direct the investment enterprise by demonstrating ownership of at least 50 percent of the enterprise, or by possessing operational control through a managerial position or other corporate devices.