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E-2 Visa - Treaty Investors

→ United States Visa and Immigration Service → E-2 TREATY INVESTORS VISA

Table of Contents

E-2 Visa Requirements

The E-2 Investor must meet the following qualifications to qualify for the E-2 visa:

1. Treaty Country - Be a national (citizen holding a valid Passport) of a country with which the United States maintains a treaty of commerce and navigation.

2. Invested in US Enterprise - Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.

3. Seeking to Develop the Investment Enterprise - Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

What is an 'Investment'?

An Investment is the treaty investor's placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.

Substantial Amount of Capital

A Substantial Amount of Capital is defined as follows:

  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one.
  • Sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise.
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

Bona Fide Enterprise

A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

Note that a 'Marginal Enterprise' is not allowed. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. An investment will not be considered Marginal if the enterprise has the capacity to generate such income within five years from the date that the treaty investor's E-2 classification begins.

Treaty Countries

The following are a list of the U.S. Department of State's Treaty Countries (as at 2021), of which nationals of these countries are eligible for either the E-1 Treaty Trader visa or the E-2 Treaty Investor visa or both visas:

  • Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Costa Rica, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Grenada, Honduras, Iran, Ireland, Israel, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia.

EB-5 Immigrant Investor Program

For information about the eligibility criteria and visa process for the US EB-5 Immigrant Investor Program, see our web pages:

E-2 Application Process

The following steps are required to apply for the E-2 Treaty Investor visa:

  • 1. Form DS-160 - Complete Online Non-immigrant Visa Application, Form DS-160.
  • 2. Photo - Upload your Photo.
  • 3. Schedule an Interview You must schedule an appointment for your visa interview, generally, at the U.S. Embassy or Consulate in the country where you live.
  • 4. Pay Visa Application Fee
  • 5. Form DS-156E - Complete Non-immigrant Treaty Trader/Treaty Investor Application, Form DS-156E (required for all E-1 and E-2 visa applicants).
  • 6. Additional Documents and Forms at Interview - visa applicants must establish that the trading enterprise or investment enterprise meets the requirements of the law and complies with the many requirements for the E visa category. The consular officer may provide you with special forms to complete for this purpose.
  • 7. Digital Fingerprint Scans - taken as part of your application process, at the Interview.
  • 8. Spouse - Employment Authorization - Spouses who wish to work in the US may apply for the E-2 visa as dependents, and complete the form I-765 work authorization, with USCIS, after the Spouse has arrived in the US. If approved, there are no specific work restrictions regarding where they may work.

US Attorney's Advice

In 2025, contact our E-2 Expert US Immigration Attorneys, who are registered with AILA (American Immigration Lawyers Association), for a Video call or arrange an office meeting in our offices in Parramatta, Sydney, Australia and Singapore and Hong Kong. Book an immediate Consulltation regarding the E-2 visa:

  • E-2 Visa Assessment and Treaty Country eligibility
  • E-2 Investor visa process
  • How to re-apply after a US Visa Denial
  • Eligible Investments in a US Enterprise
  • Documentation showing evidence of new American business Investment, invoices and contracts
  • Filling in USCIS Application forms or petitions
  • Interview preparation at US Consulate
  • USCIS fees and Lawyer fees