You invest in your own business and run it yourself. America has a visa built for exactly that plan.
Your Guide to the E-2 Investor Visa for the USA
With the E-2 investor visa, you can live and work in the USA with an investment starting at just 30,000 euros.
Important: Don't confuse the E-2 investor visa with the EB-5 green card. EB-5 requires an investment of at least $800,000 (in targeted employment areas; otherwise $1,050,000), and you should expect long waits of more than a year. The E-2 is by far the faster, simpler route to the USA. And once you're there, you can still switch to a green card. Learn more about moving from E-2 to a green card. And here's more on EB-5.
Foreign investors who put a "substantial amount of capital" into a US business and will develop and direct it can apply for the E-2 investor visa, provided their country of nationality has the required treaty with the United States. Foreign companies owned by nationals of a treaty country may also be able to apply for E-2 visas for their employees.
The investor must show control of the business by proving ownership of at least 50 percent and operational control through a managerial position or other means. The investor must already have invested in the US business or be actively in the process of investing.
The investment must be substantial. The law sets no minimum dollar amount to qualify. Instead, a "substantial investment" means enough money to ensure the investor's financial commitment to the successful operation of the E-2 business, and large enough to support the likelihood that the investor will successfully develop and direct it. The business must be more than a marginal enterprise that merely provides a living for the investor.
It must be a real, operating business. If the applicant is not the principal investor, they must be employed in an executive or supervisory role or have highly specialized skills essential to running the business. Ordinary skilled or unskilled workers do not qualify.
The E-2 visa requires that the applicant has no intention of immigrating to the USA permanently. That means the applicant must intend to leave the United States when E-2 status ends. In practice, of course, that intention is hard to verify. E-2 visa holders can renew their visas indefinitely, as long as they keep owning and running their E-2 business, or, as employees, keep working for a qualifying E-2 company. And of course, switching to a green card is also possible.
On the following pages, we've gathered everything you need to know about the E-2 investor visa:
1The basics: what the E-2 is and who qualifies
1.1The E-2 investor visa at a glance
Everything about our insider tip that gets you a US visa with an investment from just 30,000 euros.
This overview clears up the most common myth about the E-2: that it demands a high fixed amount. The State Department's handbook for consular officers, the Foreign Affairs Manual (FAM), sets no minimum dollar figure. It measures the investment against the cost of the business you're building or buying. Using examples from different industries, the page shows why a hotel or a retail store needs very different sums than a consulting business whose main asset is your expertise.
It also explains who can apply: you as a private investor, a company from your home country investing in the USA, or employees of such an investor who take on an executive role or bring essential skills. Employees must share the investor's nationality. And it lays out the order that matters for the E-2: invest first and get the business ready to launch, then apply. A business plan with investments that will only flow in the future isn't enough. The FAM requires the money to be committed and the business to be close to launch.
1.2Treaty country nationality
Individual or company, it doesn't matter: you only get an E-2 visa with the right nationality (treaty country).
The E-2 depends on a treaty between the USA and your country of nationality. This page explains how nationality is determined when a company invests rather than you personally. Under the FAM, what counts is not where the company is based or incorporated but who owns it: at least 50 percent must belong to nationals of the treaty country. If the company is itself owned by another company, ownership is traced up the chain. For companies traded only on a stock exchange in their country of incorporation, the consular officer may assume the nationality of that exchange.
Important for dual citizens: a company can have only one qualifying nationality for the E-2. If you hold, say, a European passport and another one, you have to choose, and all of the company's E-2 employees then need that same nationality. Only when a company is owned and controlled in equal shares by nationals of two treaty countries may employees from both countries come. Shares held by green card holders don't count in the calculation.
1.3List of treaty countries
The complete list of countries whose nationals and companies can apply for an E-2 thanks to a treaty with the USA.
Some treaties come with special rules. For the United Kingdom, only British nationals who actually and permanently reside in British territory in Europe qualify. For Ecuador, which terminated its investment treaty, the E-2 applies until May 2028 only to investments that existed before May 18, 2018.
Source: State Department, 9 FAM 402.9-10 (CT:VISA-2190, February 17, 2026); State Department, Visa Reciprocity for Germany and Austria (archived copy of July 1, 2026) and Switzerland (archived copy of May 20, 2026). The validity shown is a maximum; the consul may issue for a shorter period. Each entry allows a stay of up to two years. Accessed October 24, 2026.
2Your business and your investment
2.1Requirements for the US business
Investors, business & size: what a US company must meet to qualify for an E-2 visa.
This page covers what the US business itself has to meet. First, control: you must own at least 50 percent or otherwise direct the business operationally. A joint venture or an equal two-party partnership counts as control if both keep full management rights; with three or more equal partners, none has control under the FAM. Second, the business must be real and active, produce a good or service and aim to make a profit. Undeveloped land or shares you simply hold don't qualify, and nonprofits are excluded.
Third, the business must not be marginal. Now, or usually within five years of starting, it must generate more than a modest living for your family, or make a significant economic contribution, for example by creating jobs. A solid business plan is the most important evidence here. Under the FAM, your own office space is not required, but it can help show the business is real.
2.2How much to invest
Find out how much you need to invest in your US business to have a good shot at an E-2 visa.
How much has to be invested is the most common E-2 question. This page explains the yardstick consulates use. The FAM expressly sets no minimum dollar amount. An investment is substantial if it is significant relative to the cost of the business, secures your financial commitment to its success and makes it likely you will build and run the business successfully.
It is measured with the proportionality test, an inverted sliding scale: the cheaper the business, the higher your share of the total cost must be; for very expensive businesses, a smaller share is enough. For an existing business, the cost is usually the purchase price; for a startup, it's the amount needed to make the business operational. The page walks through the math and gives the benchmarks we use in consultations.
2.3Source of funds
Not all money counts the same: learn which sources your E-2 funds may come from.
This is about which money counts. The invested capital must belong to you, be under your control and come from legal sources, such as savings, gifts, inheritances or the sale of assets. It doesn't have to come from abroad. An inherited business itself, however, is not an investment. On loans, the FAM draws a clear line: loans secured by your personal assets, such as a mortgage on your home, or a loan on your signature alone count. Loans secured by the E-2 business or its assets don't, because you carry no personal risk with them.
The money must also be irrevocably committed. Uncommitted funds sitting in an account or mere statements of intent are not enough. A purchase made conditional on the visa can still count if the money is held in escrow and released only when the visa is issued. A reasonable amount in the business account for operating expenses can count toward the investment.
2.4Start, buy or franchise
Startup, purchase or franchise: three roads lead to an E-2 business, and each measures the investment differently.
The guide compares the three roads to an E-2 business. For the State Department, the result that counts is the same for all: a real business, an investment that is substantial relative to its cost, and your role running it. In a purchase, the cost is usually the purchase price; in a startup, what it takes to get operational. The guide shows how a visa-conditional purchase with escrow works, which loans count and which don't, and which documents a franchisor must give you under the Federal Trade Commission's Franchise Rule at least 14 calendar days before you sign. Plus the pitfalls of buying, such as liability for the seller's unpaid taxes, and how much room a franchise agreement leaves you as the one in charge.
Company formation and visa in one plan, so your company carries your visa.
3Family and employees
3.1Spouse and children
The E-2 visa lets not just you but also your family live in the USA. Here's how.
Your spouse and unmarried children under 21 can accompany you on the E-2 or join you later. Their nationality doesn't have to match yours. They usually get the same period of stay as you. Your spouse may work in the US without applying for a separate work permit: since January 30, 2022, USCIS and the border agency CBP note this on their I-94 with the code E-2S, and that I-94 is enough proof for employers. Your spouse can work for any employer or start their own business. Children receive the code E-2Y and may not work.
At their 21st birthday, a child loses derivative status and needs a visa of their own. The page explains how families plan for that moment. Important when traveling: the new period of stay after you re-enter applies to your family only if they enter with you or leave and return themselves. Otherwise they must extend their stay on their own in time, with Form I-539.
3.2Foreign employees
An overview of the requirements for bringing foreign employees to the USA on an E-2 visa.
Employees can also get an E-2 through your business without investing themselves. They must share the investor's nationality, and the business must be at least 50 percent owned by nationals of the treaty country. An investor with a green card cannot sponsor E-2 employees. Two groups qualify: executives and supervisors whose main job is running the business or a major part of it, and employees with special qualifications essential to operations. Ordinary skilled or unskilled workers don't qualify.
For specialists, USCIS looks at proven expertise, how rare it is, the role and the salary it commands. Language skills and cultural knowledge alone are not enough. Skills needed only for the startup phase usually carry a limited period, and extensions then get difficult. The page explains how consulates judge these cases. E-2 employees also need Form DS-156-E at the consulate.
4Application and arrival in the USA
4.1Application process
Whether you're already in the States or still at home: everything about applying for the E-2 visa.
There are two routes to the E-2. If you live abroad, you apply directly at a US embassy or consulate, with no prior USCIS petition. If you're already in the US in valid status, you can change to E-2 status or extend your stay with USCIS on Form I-129 without leaving. If you entered on ESTA, this route is closed: change of status is barred for Visa Waiver Program travelers.
The page explains the key difference: a USCIS approval is not a visa. Once you leave the US, you need a visa to return as an E-2, and only a consulate issues it. At the consulate you complete the DS-160 and pay an application fee of $315. As the principal investor, you don't need the supplemental Form DS-156-E; it's meant for E-2 employees. The fees for both routes are in the table in the next section.
4.2The E-2 interview: process and typical questions
Process, forms and the questions behind the consul's checkpoints.
This guide prepares you for the consulate interview. Since September 2, 2025, all nonimmigrant visa applicants generally need an in-person interview, including spouses and children. The interview follows the nine checkpoints the FAM sets for the E-2: treaty country, nationality, investment, real business, substantial amount, more than marginal, your role running it, an employee's position where relevant, and the intent to leave when your status ends. For the E-2, a clear statement of that intent is usually enough; you don't have to keep a home in your home country. The guide shows typical questions for each point, which documents to bring and what happens after the interview.
4.3Social Security Number (SSN)
Everything about applying for a Social Security Number as an E-2 investor after arriving in the USA.
After entering on the E-2, you can apply for a Social Security Number. You need it for taxes, banks and many everyday contracts. The page walks you through it step by step: which application form to fill out, which original documents to bring to the Social Security office, including your passport with the E-2 visa and your I-94 entry record, and where to download your I-94 from CBP online.
If your spouse will work on the E-2, add your marriage certificate and their own entry documents. The number and the card arrive by mail once the agency has checked your details. Allow for those weeks: many steps after you arrive, from signing a lease to building credit, are easier with the number. You don't need it for your company's business account, which runs on the company's tax ID. More on that under US Bank Account Opening.
Find the right path to the USA for you in one conversation.
5Timing, refusals and extensions
5.1E-2 processing time
From the first dollar to the visa in your passport: how long each stage takes and which deadlines are fixed.
E-2 timing runs on two clocks: the time until your business is ready to file, and the time the government needs to decide. The first is almost always the longer one. Your company, tax ID, bank account and a genuinely committed investment must be in place before the application has a foundation. At the consulate, timing then depends on the wait for an interview and the review afterward; there is no premium processing there. At USCIS, premium processing gets you a decision or a request for evidence within 15 business days. The guide walks through every stage, lists the fixed deadlines and shows what slows the process down.
5.2E-2 refused: reasons and next steps
214(b), 221(g) or 212(a): what lies behind a refusal and what the second application looks like.
A refusal at the consulate is always based on a specific provision, and the letter names it. Most often it is INA 214(b): the file did not convincingly prove one of the criteria. Under INA 221(g), something is missing or further review is underway; if you submit the missing items within a year, you need neither a new form nor a new fee. There is no appeal against the consular officer's decision, but you can reapply at any time. If USCIS denies a change of status, you can file a motion to reopen or reconsider on Form I-290B within 30 days. The guide shows where E-2 files typically have gaps and how to build your second application step by step.
5.3E-2 validity, length of stay and extension
Visa, stay and extension: three dates you need to keep apart.
With the E-2, three dates often get mixed up: how long the visa in your passport is valid, how long you may stay after each entry, and when you need to extend. How long the visa is valid depends on your nationality. For German and Austrian citizens, for example, it is up to 60 months, and for Swiss citizens up to 48 months, in each case for unlimited entries. Each time you enter, you are admitted for up to two years. Inside the US, USCIS extends your stay by up to two years at a time, and the regulations set no maximum number of extensions. Alternatively, you can leave the country and apply for a new visa at the consulate. Either way, your company must continue to meet the requirements. The guide explains both routes and the deadlines for your family.
| Item | Amount or deadline |
|---|---|
| Consular application fee (E visas), per person | $315 |
| Form I-129 with USCIS (change of status or extension) | $1,015 (paper), $965 (online); small employers $510 |
| Asylum Program Fee with the I-129 | $600; small employers $300 |
| Premium processing (Form I-907) | $2,965; decision or request for evidence within 15 business days |
| Form I-539 for spouse and children in the USA | $470 (paper), $420 (online) |
| Motion to reopen or reconsider (Form I-290B) | $800; within 30 days of the decision |
| Submitting documents after a 221(g) refusal | within one year, no new application fee |
| Stay per entry | up to two years |
| Extension with USCIS | up to two years each time, no fixed maximum |
| Business viability | usually within five years of launch |
Sources: 22 CFR 22.1; State Department, Visa Reciprocity (archived copies May and July 2026); USCIS, Form G-1055 Fee Schedule, edition 10/16/26; USCIS, How Do I Request Premium Processing (as of March 23, 2026); 8 CFR 214.2(e)(19) and (20); 8 CFR 103.5; 9 FAM 402.9-6(E) and 403.10-4(A). Accessed October 24, 2026.
6The green card and alternatives to the E-2
6.1From the E-2 visa to a green card
Everything you need to know about getting permanent residence in the USA as an investor on an E-2 visa.
The E-2 is a temporary visa and does not lead to a green card on its own. The page shows five routes open to E-2 holders: the EB-5 investor green card, an employer-sponsored green card, the EB-1A for extraordinary ability, the National Interest Waiver in the EB-2 category, and marriage to a US citizen. It also explains the two procedures: adjustment of status inside the USA and an immigrant visa through the consulate.
One question comes up a lot: how does a green card application fit with the E-2 requirement to intend to depart? For the E-2, a clear statement that you will leave the USA when your status ends is usually enough. Once a green card petition is pending, however, the FAM requires the consular officer to be convinced that you still intend to leave at the end of your stay. That makes the timing of your applications important. The question is most pressing for families, because children age out of derivative status at 21.
6.2E-2 visa or EB-5 green card: which is better?
Not sure which of the two categories suits your situation better? Here's how to make the right choice.
The E-2 and the EB-5 both require an investment in a US business, but they are fundamentally different. The E-2 is a temporary visa; the EB-5 leads to a green card for you, your spouse and your unmarried children under 21. The E-2 is open only to nationals of treaty countries, the EB-5 to nationals of every country. For the EB-5, the law sets fixed minimum amounts, listed at the top of this page, and the investment must create or preserve ten permanent full-time jobs for US workers. The E-2 has no fixed amount but a proportionality test, and instead of a job count, the question of whether the business is more than marginal.
The page also compares the source-of-funds requirements, processing times and work authorization. As an E-2 investor, you may only work for the business that gave you your status; with a green card, you are free. For many, the E-2 is the fast way in and the EB-5 a possible later step.
6.3Key differences between the E-2 and L-1 visas
Two options that let you live and work in the USA. Here's how the E-2 and L-1 differ.
The L-1 and the E-2 are both temporary visas with work authorization, but they follow different logic. The L-1 is tied to your position: a company abroad transfers you as an executive, manager or specialist to an affiliated US company, and you must have worked there continuously for at least one year in the three years before applying. The E-2 is tied to your investment and your nationality.
The page compares both visas point by point: availability by nationality, work authorization for you and your spouse, duration and extensions, the path to a green card and options for opening new offices. One difference stands out: the L-1A is capped at seven years and the L-1B at five, while the E-2 has no limit on extensions. On the other hand, the L-1 allows an open intent to stay permanently, and for executives the green card path often runs through the EB-1C category.
6.4Which US visa is better for me: E-2 or L-1?
Make the right choice: these questions help you decide between the two visa categories.
This page helps you decide with four questions. What is your nationality, and does your country have an E-2 treaty with the USA? Is there a company outside the USA that can transfer you, where you have worked continuously for at least one year in the last three, and that is large enough to keep running without you? Do you want to invest a substantial amount in a US business? And what are your long-term goals, especially regarding a green card?
Your answers usually show quickly which path is open to you. If you qualify for both, take a serious look at the L-1: for entrepreneurs with a substantial business behind them, it is usually the faster and simpler route. If you don't have such a business, the E-2 is the alternative, and a very good one. The page also describes the path to a green card, which for the L-1 often runs through the EB-1C category for multinational executives.
The E-2 for your nationality
Every country below has a treaty that qualifies its citizens for the E-2. The visa itself, its fee and how long it is issued for depend on your nationality:
| Nationality | Treaty country since | Reciprocity fee | Entries | Validity |
|---|---|---|---|---|
| Norway | 18 January 1928 | $290 | multiple | 36 monthss |
| Sweden | 20 February 1992 | none | multiple | 24 monthss |
| Denmark | 10 December 2008 | none | multiple | 18 monthss |
| Finland | 1 December 1992 | $182 | multiple | 24 monthss |
| United Kingdom | 3 July 1815 | none | multiple | 60 monthss |
| Ireland | 18 November 1992 | none | multiple | 60 monthss |
| Netherlands | 5 December 1957 | $2,118 | multiple | 36 monthss |
| Switzerland | 8 November 1855 | $125 | multiple | 48 monthss |
Source: U.S. Department of State, 9 FAM 402.9 (treaty country table) and the reciprocity schedule for each country.
- You qualify for the E-2 if you are a national of a treaty country, own at least 50 percent of a real, operating US business and run it.
- The law sets no minimum amount. The investment must be substantial and support more than your own living.
- The E-2 can be extended as long as the business is running, and switching to a green card later is possible.
- At the consulate, the application costs $315 per person; at USCIS, premium processing gets you a decision or a request for evidence within 15 business days.
- If you have a company at home that can transfer you, look at the L-1 first.
Frequently asked questions
How much do I need to invest for the E-2 visa?
The law sets no minimum dollar amount. The investment must be substantial: large enough to show your financial commitment to the business's success, and the business must be more than a marginal one that only covers your living. More in the guide to the investment amount.
Who can apply for the E-2 visa?
Investors who are nationals of a country with the required treaty with the USA and who own at least 50 percent of the US business and run it. Foreign companies owned by treaty-country nationals can also apply for the E-2 for employees in executive roles or with essential specialist knowledge.
Is the E-2 the same as the EB-5 green card?
No. The EB-5 requires an investment of at least $800,000 (in targeted employment areas, otherwise $1,050,000), and the waiting times are long. The E-2 is the faster and simpler way to the USA. The detailed comparison: E-2 visa or EB-5 green card.
Can I switch from the E-2 to a green card?
Yes, switching to a green card is possible. The E-2 itself requires that you have no intention of immigrating permanently, but it can be renewed for as long as you own and run your E-2 business. The routes to a green card: Switching from the E-2 visa to a green card.
How long does it take to get the E-2 visa?
It depends mainly on how quickly your business is ready to file: the company, the bank account and a committed investment must be in place before you apply. At the consulate, add the wait for an appointment and the review afterwards. At USCIS, with Premium Processing, the agency decides within 15 business days or issues a request for evidence. Every stage is in the guide to E-2 processing time.
Can my spouse work in the USA on the E-2?
Yes. Spouses in E-2 status may work without a separate work permit; the I-94 with the code E-2S serves as proof. Children under 21 come with you too, but may not work. More under Spouses and children.
What happens if my E-2 application is refused?
There is no appeal against the consul's decision, but you can reapply at any time. If a refusal under 221(g) was only about missing documents, you can submit them within one year without a new fee. If USCIS denies your petition, you can file a motion to reopen or reconsider within 30 days. Everything in the guide E-2 refused.
Can I buy an existing business or a franchise for the E-2?
Yes. In a purchase, the purchase price usually counts as the cost of the business, and a purchase made conditional on the visa can count if the money sits in an escrow account. A franchisor must give you its disclosure documents at least 14 calendar days before you sign. The routes compared: Start, buy or franchise.
How we help you
- Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
- Visa Roadmap for Company FormationFormation and visa in one plan, so the company carries the visa.
- US Company FormationLLC, Inc or LP in Delaware, Florida, California, New York, Texas or Wyoming.
- Form a CorporationThe US corporation (Inc) for growth, investors and your visa.
- US Bank Account OpeningYour own access to the American financial system, even without an SSN.
- Visa and Green Card ConsultationWhich route to the USA fits you, settled in one conversation.
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