E-2

E-2 — Treaty Investor

For nationals of treaty countries investing a substantial amount in a US business they will direct.

Last reviewed: August 9, 2026

Treaty eligibility applies

This category is only available to nationals of countries that maintain a qualifying treaty with the United States. Treaty lists change, so we do not reproduce one here — check your nationality against the official list before making any plans or commitments.

Official treaty country list (travel.state.gov)

Visa overview

The E-2 allows a national of a country that maintains a qualifying treaty of commerce with the United States to enter in order to develop and direct a business in which they have invested, or are actively in the process of investing, a substantial amount of capital. There is no fixed monetary threshold. Instead, the investment must be substantial relative to the cost of the particular business, must be irrevocably committed and at risk, and must support an enterprise that is real and operating rather than marginal — meaning it must have the present or future capacity to generate more than a minimal living for the investor and family. Nationality is the gateway: without a qualifying treaty nationality, the category is simply unavailable regardless of the sum involved.

Who may qualify

  • Nationals of a country that maintains a qualifying treaty of commerce and navigation with the United States
  • Investors who have committed, or are actively committing, substantial capital to a US enterprise
  • Investors who will develop and direct the enterprise, normally through at least 50% ownership or operational control
  • Essential employees who share the investor’s treaty nationality and hold supervisory, executive or highly specialised roles

This is general information about the category, not an assessment of your circumstances.

Key requirements

  • A qualifying treaty nationality — verify against the official Department of State list
  • An investment that is substantial relative to the total cost of this particular business
  • Capital irrevocably committed and genuinely at risk, not merely held in an account
  • An enterprise that is real, active and more than marginal
  • Documented lawful source of the invested funds
  • Intent to depart the United States when your status ends

Typical application process

  1. Confirm your nationality against the official treaty-country list before doing anything else
  2. Identify the business — acquisition or start-up — and evaluate its total cost
  3. Document the lawful source of funds from origin to the point of investment
  4. Irrevocably commit the capital, keeping evidence of every transfer
  5. Prepare a business plan showing the enterprise is real, active and more than marginal
  6. Apply at the consulate handling E-visa cases for your country, or file to change status if already in the United States
  7. Attend the interview prepared to explain the business and your role in directing it

Documents commonly required

  • Passport evidencing the treaty nationality
  • Complete source-of-funds trail: bank records, sale agreements, tax filings, loan documents
  • Evidence of the funds transferred into the US enterprise and how they were spent
  • Purchase agreement or incorporation documents, share certificates and ownership records
  • Commercial lease, equipment invoices, supplier and customer contracts
  • Business plan with staffing and financial projections
  • Licences and registrations required to operate the business lawfully

Typical processing considerations

E-2 cases are handled by designated consular posts, and both their procedures and appointment availability vary considerably by country. The preparation itself is usually the longest stage, because the source-of-funds trail must be complete and documented from origin. Applications are also frequently returned for further evidence where the enterprise appears marginal or where the capital is not yet genuinely at risk. No date or outcome can be guaranteed.

Common questions about the E-2

Official sources

General information on this page is drawn from published guidance by USCIS and the U.S. Department of State. Always verify current requirements at the official source before acting.

U.S. Department of State — Treaty Trader & Investor Visas

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