Run your own business
The E-2 is made for active owners. You invest in the company and run it, not hold a passive stake.
E-2 · Investor visa
E-2 visaInvest in a U.S. business and run it yourself.
A visa for treaty-country nationals who invest in a business they own and run. There is no set investment amount and no lottery. You can extend it with no set limit, as long as you keep running the business and it still meets the E-2 requirements. Your spouse can work too.
Attorney-led petitions, prepared with the Law Offices of Jacob Sapochnick.
Treaty-country visa
For nationals of 80+ treaty countries
No set amount
You invest what the business needs
No limit on extensions
Up to 2 years per entry
Spouse can work
E-2 spouses are work-authorized
General information about E-2 eligibility; not legal advice.
80+treaty countries
2,000+cases prepared
100+countries
★ 5.0on Google
80%come by referral
Since 2016in practice
80+treaty countries
2,000+cases prepared
100+countries
★ 5.0on Google
80%come by referral
Since 2016in practice
Why the E-2
Built for owner-operators.
No set investment amount
There is no required dollar figure. You invest what your business needs, and you file when you are ready.
Your family comes too
Your spouse can work for any employer, and children under 21 can live and study in the U.S.
Who qualifies
You may already qualify.
The E-2 is not about a degree or a job title. It rewards a real investment in a real business that you run. What matters most is how the investment, the business, and your role are documented.
Many people assume the E-2 needs a very large investment. In reality, there is no fixed minimum, and founders, franchise buyers, and small business owners may already qualify.
Founders launching a U.S. venture
Franchise investors and operators
Owners expanding a business to the U.S.
Family businesses entering the market
Entrepreneurs buying an existing company
Treaty-country nationals with capital
Free call · No commitment
Is the E-2 a good fit for you?
Let's talk it through.
We walk you through the requirements and answer your questions. If it looks like a good match, we connect you with an immigration attorney.
Prefer writing? Send us an email
Is it a fit?
Thinking about the E-2 visa?
May be a good fit if...
- You hold nationality of an E-2 treaty country, or can gain one through a second citizenship.
- You have capital ready to commit and can document where it came from.
- You want to run the business day to day, not invest passively.
- You are building or buying a real, operating business.
- You want your spouse to be able to work in the U.S.
May not be a good fit if...
- Your nationality is not from a treaty country, and a second citizenship is not realistic for you.
- You want to invest passively and have someone else run the business.
- Your capital is not available yet, or its source cannot be documented.
- You want permanent residence from the start; EB-5 may fit better.
How it is evaluated
Nine requirements, judged together.
The E-2 is judged as a whole, not on points. You can build a new business or buy an existing one, as long as each requirement is clearly documented. Here is what each one tends to look like.
Treaty nationality
You hold the nationality of an E-2 treaty country. For example: citizenship of a treaty country, or a second citizenship from one.
Substantial investment
Large relative to what the business costs. For example: many cases involve $100,000 or more, but the right amount depends on the business.
Committed and at risk
The money is already spent or bound, and can be lost. For example: funds used for equipment, a lease, stock, or a purchase.
A real, active business
An operating company that sells goods or services. For example: a shop, a service company, a franchise, or a tech startup.
More than marginal
The business does more than support you and your family. For example: hiring staff, or a credible plan to hire within five years.
Ownership and control
At least 50% of the business is owned by people from your treaty country, and you run it. For example: you and your co-founder are both French. You own 20% and they own 30%, so together you own 50%. You qualify if you run the company, for example as CEO.
Develop and direct
You come to run the business as its owner. For example: leading daily operations, hiring, and strategy.
Lawful source of funds
Your capital traces back to a lawful source. For example: savings, business profits, a property sale, a gift, or inheritance.
Intent to depart
You plan to leave the U.S. when your E-2 status ends. For example: you sign a statement that you will leave when your E-2 expires. A Green Card or other visas can be explored separately.
Most refusals come from weak documents, like an unclear source of funds or a thin business plan, not from too little money. How each requirement applies to your case is confirmed by the Law Offices of Jacob Sapochnick.
Requirements per INA 101(a)(15)(E)(ii), 22 CFR 41.51, and 8 CFR 214.2(e).
How it goes
From first call to your visa.
Your attorney starts with a strategy, so you both know what your case will be built on: your nationality, the business, and how the investment is set up. From there you get a clear checklist and gather only the documents that matter. No guessing, and no time spent translating or sending papers that won't be used. Once the business and funds are in place, the firm prepares your case, and an E-2 is often a matter of weeks.
Timelines depend on setting up the business and collecting documents on time. Consulate and USCIS times are set by the government. Your visa and your status are not the same: visa validity follows your country's schedule, while each entry generally gives two years of E-2 status.
Strategy setting
Your attorney confirms your treaty nationality and ownership, and maps your plan to the E-2 requirements.
Investment and documents
You set up or buy the business, commit the funds, and gather source-of-funds records, guided by the strategy. This is the part that most affects your timeline.
Business plan and case preparation
A consulate-ready business plan with five-year projections, and the full filing assembled by the firm.
Interview or USCIS review
Abroad: an E-2 interview at a U.S. consulate. In the U.S.: a change of status on Form I-129, with optional premium processing (15 business days). Your attorney prepares you for the interview.
E-2 status and renewals
You start running your business, your spouse can work, and you can extend your stay as long as you keep running the business and it still meets the E-2 requirements.
Learn more before you decide
Go deeper on the E-2.
Common questions
The things people ask most.
No. The law does not set a dollar amount. The investment has to be substantial compared with the total cost of the business: the lower the cost, the larger the share you are expected to invest.
Many E-2 cases involve $100,000 or more, but the right amount depends on your business. The money must also be committed and at risk, and it cannot be a loan secured by the business's own assets. The firm reviews your plan and tells you what is realistic.
Only nationals of countries that have an E-2 treaty with the U.S. can apply. There are over 80 of them, and the U.S. Department of State publishes the current list. Some large countries, such as China, India, and Brazil, are not on it.
If you hold a second citizenship from a treaty country, you may qualify through it. If you gained that citizenship through an investment program, extra rules may apply, so mention it early. The business must also be at least 50% owned by nationals of the same treaty country.
Yes. It is a common E-2 route. The purchase price, the franchise fee, and startup costs can count toward the investment once they are paid or legally committed.
A proven model can make it easier to show the business is real and can grow. It still has to be a business you run yourself, not a passive investment.
Yes. Your spouse can work for any U.S. employer. E-2 spouses are work-authorized based on their status, and their I-94 record shows it.
Unmarried children under 21 can live and study in the U.S., but cannot work on their dependent status. When a child turns 21, they need their own status to stay. You, as the investor, can only work for your E-2 business.
Two dates matter. Your E-2 status: each time you enter the U.S., you are generally admitted for up to two years. Your E-2 visa: the stamp in your passport, which may be valid for a shorter or longer period, depending on your country.
There is no limit on how many times you can extend your status or renew your visa. Each time, you need to show that you still run the business, that it still meets the E-2 requirements, and that you plan to leave when your status ends. The firm tracks the dates so your status stays current.
There is no fixed number of jobs. The business must be more than marginal, meaning it will make more than a minimal living for you and your family.
Hiring U.S. workers, or a realistic plan to hire within five years, is one of the clearest ways to show this. A good business plan sets it out with numbers.
Not directly. The E-2 is a temporary visa, and it asks you to intend to leave when your status ends.
You can still apply for a Green Card later, for example through EB-5, EB-1A, or EB-2 NIW. Filing for a Green Card can affect E-2 renewals and travel, so plan the timing with your attorney before you file.
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Not sure if the
E-2 is right for you?
Tell us about your plans and our team will walk you through your options, so you can see whether the E-2, or another path, is worth a closer look. If it is, we connect you with the Law Offices of Jacob Sapochnick for a full review, before you commit to anything.
