E-2 Visa: Treaty Investors

The E-2 visa is a U.S. nonimmigrant visa for nationals of treaty countries to invest a substantial amount in a U.S. business, allowing them to live and work in the U.S., with extensions possible indefinitely, requiring active involvement, job creation, and funds at risk, not passive investment. Spouses can work, but children cannot, and the initial stay is up to two years, extendable in two-year increments. 

Who Qualifies?

  • Nationality: Must be a citizen of a country with which the U.S. has a treaty of commerce and navigation (e.g., Canada, Japan, UK, Australia, Germany).
  • Investor: Must invest a "substantial" amount in a genuine, active U.S. enterprise.
  • Source of Funds: Funds must be your own and at risk, not passive.
  • Business: Must generate more than minimal income and create jobs; not a marginal business or shell company.
  • Role: Can be an owner/investor or an executive/manager/specialized employee. 

Key Requirements & Process

  1. Treaty Country: You must hold the nationality of a treaty country.
  2. Substantial Investment: Funds must be committed and at risk (e.g., buying existing business assets or starting new).
  3. Active Business: The U.S. business must be real and operating, not just a passive investment.
  4. Job Creation: The business needs to create jobs or have a significant economic impact.
  5. Application: Involves filing forms (DS-160), paying fees, and an interview at a U.S. consulate. 

Benefits & Duration

  • Work Authorization: For the specific business, parent, or subsidiary.
  • Family: Spouses get E-2 status (can work); children (under 21) get E-2 status (cannot work).
  • Length of Stay: Initial stay up to 2 years, extendable indefinitely in 2-year increments, as long as conditions are met.

Important Considerations

  • No Passive Investments: Must be actively developing the business.
  • "Substantial" is Relative: Depends on the business's total cost; typically $60k-$100k+.
  • Processing: Can take months, but premium processing (for petitions filed with USCIS) offers faster decisions.