Immigration Law

E-2 Treaty Investor Visa

January 3, 2024

By Mohammad Ali Syed

Originally posted 11.2.20, content updated 1.3.24

An E-2 Treaty Investor visa[1] is a non-immigrant visa that allows foreign nationals of a treaty country to enter the U.S. to work on developing and directing the operations of a business. This visa is for an individual who wishes to invest by starting up or buying a business, small or large, in the U.S. In order to qualify for this visa, applicants must meet a series of requirements[2].

Six Requirements to be Eligible for the E-2 Visa:

  1. The applicant must be a citizen of a treaty country. This visa is only available to individuals from the countries that the U.S. has a treaty agreement with. Visit the Department of State[3] website to view the complete list.
  2. You must have invested or be in the process of investing funds. There are three requirements for these investment criteria:
    • You must show legitimate possession and control of funds. The funds to be invested must have been obtained lawfully. You must provide evidence on how you acquired the funds, either earned or as a gift. Some examples of evidence include tax returns, bank statements, documents to support the source of money (e.g., proof of sale if you sold property), investment accounts, etc. This may be challenging in some countries that do not have records available.
    • All funds invested are subject to risk and loss. This provides proof that you are irrevocably committed. At-risk money includes credit card, debit, or other loans as long as the debts are not secured by business assets.
    • You must be close to starting the business. Although no work can be done prior to visa approval, the business should be ready. This may include a signed lease, a business bank account, an established website, and purchasing everything needed to start the business.
  3. You must be in a position to develop and direct the business. The visa applicant must be the one to direct and run the business. This also means that the applicant must have the appropriate education or experience necessary for the position and business.
  4. Your investment must be substantial. The U.S. Citizenship and Immigration Services (USCIS) has not defined what they mean by “substantial,” and there is no set minimum or maximum amount. This depends on several variables, including the total capital of investment in relation to the total amount required to set up the business. Only working capital (not cash sitting idle in a bank account) will be considered by the USCIS as part of an investment.
  5. Your investment and business cannot be marginal; meaning, you cannot start a business just for you and your family. There must be a business plan in place to show growth over a 5-year period or that you plan to hire employees.
  6. You must intend to return to your home country after the visa expires. To document this, provide a signed affidavit stating such. You do not need to show ties to your home country.

Applying for an E-2 Visa in the U.S. (I-129 Change of Status):

If you are in the U.S. on another status, you can file a petition with USCIS to change your status to an E-2 Visa. You must file an I-129 form[4], complete the E-2 visa supplement, and provide all documentation required to support your E-2 visa request. If your petition is granted, you will be in E-2 status, which typically lasts two years. To change the status of any dependents that are also in the U.S., you must file an I-539 form[5].

Applying for an E-2 Visa at a Consulate (An E-2 Visa):

If you wish to petition for an E-2 visa and are outside of the U.S., you will file an online application DS-160. You will also need to complete a DS-156E supplement. Instructions on how to do so are outlined on the website of the relevant consulate. Documentation to include is typically the same as those you would submit if filing in the U.S. However, you should still check with the consulate to see if other documents are required. Visas are typically granted between 2 and 5 years and allows for you to leave and enter the U.S. for travel. If you have dependents, they will file separate DS-160 applications.

Things to consider:

If you have been granted a change of status and then leave the U.S., you must reapply for the E-2 visa along will all supporting documentation (as if submitting a new application) at the consulate abroad. If the application is approved, you will receive an E-2 visa and will then be able to leave and reenter the U.S freely.

Some consulates are easier than others to get am E-2 visa approval. Some are unwilling to approve an E-2 if the investment is less than $100,000. For others, the threshold is even greater.

Common Questions:

  1. How long does the visa last?
  • If you received E-2 status through a change of status, it will generally last two years. If processed at the consulate, the visa can last five years.
  1. How are family members treated?
  • E-2 derivative visas are available for the spouse and children (under 21) of the E-2 Investor. Children may attend school in the U.S., but unlike the spouse, they are not authorized to work. Spouses are eligible to work by applying for an Employment Authorization Document (EAD).
  1. Does an E-2 Visa lead to a green card?
  • An E-2 visa is a non-immigrant visa and will not lead to a green card. However, renewals of the E-2 are allowed indefinitely so long as the business is still in operation. Since the visa is temporary, applying for another green card option while on E-2 status may show immigrant intent. If you are considering this option, please contact our office.
  1. Do I need to hire U.S. employees?
  • You do not have to hire employees immediately; however, your 5-year business plan should include information on when you plan to start the hiring process. There is no minimum number of U.S. employees needed. However, if no workers are hired, USCIS may consider that the business is established only to support the E-2 applicant and family and is as such “marginal” and not qualified.  Therefore, it is important to at least hire some workers as reasonably necessary for the business to operate.
  1. Do I have to invest $1,000,000 and hire 10 employees?
  • No, that requirement is for the EB-5 immigrant (green card) visa. There is no specific amount of investment or number of employees required for the E-2 visa, unlike the EB-5 visa classification.[6]
  1. Is there a minimum amount needed for the investment?
  • There is no required amount necessary for the investment. There have been approvals of investments that were as low as $15,000 spent with $35,000 as working capital saved in the bank. Your investment amount depends more on your business; if you are a service business such as a consulting company, then the investment will be lower than a capital-intensive business such as a manufacturing plant.
  1. Can I borrow money to start the business?
  • Unlike the EB-5 visa, you can borrow money as long as the business is not overly leveraged.
  1. Do you need a business plan to get the E-2 visa?
  • Yes, a 5-year business plan is necessary for your visa petition to be considered.
  1. Can a real-estate investment such as purchasing a home qualify for an E-2 visa?
  • No, the investment must be for either starting a new business or purchasing an existing business in order to qualify for the E-2 visa. The business must be active in the U.S. Passive investments such as in real-estate or stock are do not qualify. Not-for-profit organizations are also excluded since it is required that your business make money.
  1. How long does the process take to get an E-2 Visa?
  • Since a number of USCIS forms and extensive supporting documents are needed, it can take time to prepare a successful filing. Once the filing has been submitted, the processing time can range from three weeks to three months (or longer). This time depends on where the consulate is that the applicant filed.
  1. What kind of business is eligible for an E-2 visa?
  • Any lawful and legitimate business that meets the requirements stated above. This could be anything from a wine distributor, law firm, or coffee shop.

Assistance on E-2 Process

E-2 visas are complicated and require careful revision of documentation for a successful petition. If you are interested in starting or investing in a business in the U.S., please contact our office to learn more about the E-2 visa and how we can assist you.

Categories: Immigration Law

Related People

Related Services

  • Overview
  • People
  • Immigration Law Blog
  • Publications & News
  • Events

Firm Highlights

  • Events
    The 2026 Economic, Tax, and Accounting Updates
    We are looking forward to the Mid-Atlantic CFO Roundtable's next event on November 13, 2026. This is a program with topics built for Finance Executives. We are extremely fortunate to have three excellent speakers: Dr. Daraius Irani, Vice President of Business and Public Engagement at Towson University; Mike Stankus, Tax Office Managing Principal at BDO; and Daniel Wahlberg, Managing Partner of Acclare Solutions. The economy is rapidly changing with various factors driving it. The November 3rd midterm elections may also have an impact. Our three expert presenters will discuss the ramifications of the election, and the current year updates to GAAP financial reporting and Federal and State income taxes. Please join us for what will surely be an informative and timely discussion. Meet Our Speakers: Daraius Irani, Ph.D. • Towson University Vice President, Business & Public Engagement Dr. Daraius Irani serves as Vice President of Business and Public Engagement at Towson University as well as the chief economist for the Regional Economic Studies Institute (RESI) at Towson University, a policy group providing economic, fiscal impact, and policy analysis to public and private entities.  Dr. Irani is often called upon to provide economic presentations to organizations across Maryland. He has appeared on numerous television programs and in local and regional print media. Dr. Irani holds a Ph.D. in economics from University of California, Santa Barbara. Dan Wahlberg • Acclare Solutions Managing Partner With over 28 years of experience, Dan Wahlberg is a recognized leader in audit and assurance for the Mid-Atlantic’s middle market business community. As a licensed CPA in Maryland and Virginia, Dan has led assurance practices at top regional firms, including serving as Baltimore Audit Managing Partner and Assurance Practice Leader at BDO USA in Baltimore and as Partner and member of the Management Committee at Hertzbach & Company P.A which merged into BDO in 2020. His expertise centers on delivering clarity, strategic guidance, and proactive solutions to middle-market businesses across Baltimore and beyond. His entrepreneurial spirit has led him to begin a new CPA firm this year with four other CPAs serving the business community. Dan holds a Bachelor of Science in Accounting from Rutgers University and began his career at PWC in New York. He is also deeply engaged in the community, previously serving as President of ACG Maryland and current Board member and as Audit Committee Member for The Associated: Jewish Federation of Baltimore.  Mike Stankus • BDO USA LLP Tax Office Managing Principal Mike Stankus is the Tax Office Managing Principal for the firm’s Baltimore office. He has more than 16 years of experience providing tax planning and preparation and management advisory services for his clients. Mike focuses on advising privately held businesses and their owners on effective growth and tax strategies. He also performs various engagements for mergers and acquisitions and complex cost accounting projects and projections. In addition, he represents various government contracting clients before the DCAA and assists with FAR compliance. Mike’s areas of concentration include working with government contractors, professional service firms, construction companies, and homebuilders.
  • Events
    AIA Tri-State Conference
    Princeton will serve as the backdrop for three days of connection, learning, and design leadership. From keynotes to tours to the Tri-State Design Awards, this year’s conference is designed to go far beyond education sessions. Kick off the week with pre-conference intensives and individual state component Design Award celebrations, followed by three days of education, inspiration, networking, and design excellence at the 2026 AIA Tri-State Conference—featuring pre-conference intensives, three keynote speakers, 25 education sessions, curated tours, an expo, spec academies, and the AIA Tri-State Design Awards—bringing together architects and design professionals from New Jersey, New York, and Pennsylvania to connect, learn, and celebrate the best of the profession. G2. Designing Secure Practices: Cybersecurity, Data Privacy, Contractual Provisions, and Insurance Risks for Architects (4:00 PM - 5:30 PM) Architects and design professionals increasingly rely on cloud platforms, BIM software, and digital tools to manage sensitive data, creating cybersecurity and privacy risks. A single incident can trigger liability claims, regulatory obligations, reputational harm, and insurance challenges. Yet many firms underestimate how contracts, insurance, and internal practices intersect during a breach. This program offers legal and insurance perspectives on cyber risk in architecture, examining liability exposure, risky contract provisions, and mitigation strategies. A cyber insurance expert will explain policy responses, coverage gaps, coordination with professional liability, and best practices for aligning insurance with contractual risk and protecting firms from evolving cyber threats. Learning Objectives: Identify key cybersecurity and data privacy risks faced by architecture firms and explain how these risks can impact professional liability and project outcomes. Analyze common contractual provisions to determine which clauses may increase exposure to cyber incidents and propose strategies to mitigate these risks. Evaluate the scope and limitations of cyber insurance policies, including coordination with professional liability coverage, to determine how a policy would respond in a breach scenario. Develop actionable risk management strategies by integrating legal, contractual, and insurance considerations to protect sensitive client and project data.
  • Blog Posts
    Powering the Future Maximizing Energy Storage Value with David Braun
    In this episode of the MSSIA Insight Podcast, host Matthew Karmel, Chair of Offit Kurman’s Environmental & Sustainability Practice, sits down with David Braun, Chief Commercial Officer at Intelligent Generation, to explore how distributed energy storage is creating new opportunities for businesses, developers, and the broader energy grid.With more than 35 years of experience in the energy and utility sector, David shares how battery storage can help commercial and industrial customers earn revenue, reduce energy costs, and improve power reliability. The conversation explores revenue stacking, including how batteries can generate value through wholesale energy markets, reduce capacity and transmission charges, store excess solar energy, and provide backup power during outages or disruptions.Matthew and David also discuss the evolving energy storage landscape across New Jersey, Pennsylvania, and Delaware, highlighting differences in state policies, utility programs, and opportunities for virtual power plants. David explains how industry collaboration through MSSIA can help advance effective energy policies and accelerate project development.Looking ahead, David shares his perspective on the future of distributed energy storage, the transition toward a more interconnected and resilient grid, and the importance of accurately modeling battery economics to demonstrate project value and support investment decisions. In this episode, you’ll learn about: How battery storage can help businesses earn revenue, save money, and protect operations. What revenue stacking means and how multiple battery applications create economic value. How rising capacity and transmission charges are influencing energy storage opportunities in PJM. The differences in energy storage policies and incentives across New Jersey, Pennsylvania, and Delaware. The role of virtual power plants in supporting grid reliability and managing energy demand. Why accurate financial modeling, customer load profiles, and utility rate structures are critical to evaluating battery projects. How MSSIA supports industry collaboration and policy advocacy across the Mid-Atlantic. Whether you're a solar or storage developer, investor, contractor, attorney, or clean energy professional, this episode offers practical insights into the economics, policy considerations, and emerging opportunities shaping the distributed energy storage market. About the MSSIA Insight Podcast Powered by Offit Kurman and presented in partnership with the Mid-Atlantic Solar & Storage Industries Association (MSSIA), the MSSIA Insight Podcast explores the legal, regulatory, and business developments shaping the solar and energy storage industries across New Jersey, Pennsylvania, and Delaware. Hosted by Matthew Karmel, the podcast features conversations with industry leaders and subject matter experts, delivering actionable insights to help clean energy professionals navigate an evolving industry. New episodes are released every other month.   Join our next policy committee call as a guest to see firsthand the impact we're driving: https://forms.gle/8WqmDvdJUKBh35Qw7
  • Podcasts
    The College Prep Most Parents Skip with Candace Dellacona and Kimberly Lau
    When the "Cornell 7" case made national headlines this fall, many parents found themselves asking a question they never expected to face: what actually happens when something goes wrong on campus? We spend so much time preparing our kids to get into college and succeed once they get there, but how often do we prepare them for what happens next if a report is made, by them or about them? In this episode of The Sandwich Generation Survival Guide, host Candace Dellacona is joined by her colleague Kimberly Lau, who represents both complainants and respondents in Title IX matters such as the case capturing the latest headlines. Together, they break down what Title IX is, who it protects, what happens when a college receives a report, and what students and parents should know before their child ever needs it. Kimberly explains why Title IX reaches far beyond athletics, what it generally means when a student is contacted by the campus Title IX office, and what a family should do first, whether their child is reporting something that happened to them, is the subject of a complaint, or simply got caught up in a situation they never expected. She also walks through how privacy rules affect what a school can share with parents, who can sit in on meetings, how investigations, hearings, and decisions typically unfold, and why preserving evidence and knowing your school's policies early can make all the difference. Whatever the outcome of the case making headlines, it has put a spotlight on how campus processes work, and on how much families often don't know until they're in the middle of one. If you are sending a freshman off to campus, welcoming a student home for the holidays, or simply want to be the kind of parent your child feels safe calling when things go wrong, this conversation offers clear, practical guidance you can use now. As Candace puts it, calling home right away is not a sign that your child has failed at being an adult. It is knowing where to turn. This episode is for general informational purposes only and is not legal advice. Every situation is different, so please consult an attorney about your specific circumstances. Learn more about Kimberly Lau and her practice at Offit Kurman: https://www.offitkurman.com/kimberly-lau Connect with Kimberly on LinkedIn: https://www.linkedin.com/in/kimberlylauesq/ Follow and subscribe to The Sandwich Generation Survival Guide wherever you listen to podcasts. New conversations are released on the first and third Tuesdays of every month. If this episode resonates with you, leave a five-star rating or review and share it with another sandwich generation caregiver!