Updated November 1, 2026

E-2 visa requirements: what treaty investors and their employees must show

To get an E-2 visa you must be a national of a treaty country and have invested, or be actively investing, a substantial amount of your own capital at risk in a real US business that isn't marginal. You must also be coming solely to develop and direct it, usually by owning at least 50%. There's no minimum dollar amount. The investment is judged against the cost of the business.

Every requirement below comes from 22 CFR 41.51, USCIS and the State Department's Foreign Affairs Manual (9 FAM 402.9), checked on November 1, 2026, with fees and the treaty country list.

What are the E-2 visa requirements?

Which countries qualify for E-2?

The State Department's Treaty Countries list had 81 E-2 entries in the copy we read (July 4, 2026), from Albania to the United Kingdom. Several large countries aren't on it, including India, Brazil, Russia, Vietnam and mainland China (Taiwan is listed). Check the current list before you plan around it.

• United Kingdom: the 1815 treaty covers only UK nationals who actually and permanently live in British territory in Europe (the British Isles except Ireland, the Channel Islands and Gibraltar).
• Ecuador: only investments in place by May 18, 2018 qualify, and only until May 18, 2028.
• Bolivia: only investments established or acquired before June 10, 2012 qualify.
• Denmark and Norway: the treaties don't cover Greenland or Svalbard.

Nationality bought through investment. Under INA 101(a)(15)(E), as amended in 2022, if you got your treaty nationality through a financial investment and haven't held E status before, you must have been domiciled in that country for a continuous 3 years at some point before you apply.

How much do you need to invest for an E-2?

No set dollar figure. The Foreign Affairs Manual says outright that there's no minimum. Instead, the officer applies a proportionality test: your qualifying investment compared with the cost of the business. The cost of an existing business is generally its purchase price. The cost of a new one is what it takes to make it operational.

It works as an inverted sliding scale. The cheaper the business, the higher the share you must put in. The FAM gives two markers: 100% of a $100,000 startup would normally qualify, and $10 million in a $100 million business may qualify on sheer size. There are no bright-line percentages in between.

Escrow is allowed. A purchase that depends on the visa can still count as committed if the funds sit in escrow, to be released once the visa is issued. You must be close to starting real operations, not just planning.

What does develop and direct mean?

You're coming to run the business, not just to work in it. The FAM says control is normally shown by owning at least 50%, but it can also come from operational control through a managerial position or another corporate device. Holding a manager's title isn't enough if you don't actually control the enterprise.

• Dual nationals: apart from a business owned 50/50 by nationals of two treaty countries, a company can have only one E visa nationality. You choose one, and you and every E employee use it for that company.
• Green card holders: shares held by US permanent residents don't count toward the company's treaty nationality, and an investor with a green card can't sponsor E employees.
• Office space: the FAM says you don't strictly need a physical office, though it can be relevant to the case.

What are the requirements for E-2 employees?

A treaty investor or a qualifying company can bring employees on E-2. Under 22 CFR 41.51(b) and USCIS, the employee must:

1. have the same treaty nationality as the investor or company
2. be an employee under the law
3. do work of an executive or supervisory character, as a principal part of the job, or have special qualifications essential to the business's efficient operation

Essential skills are judged on proven expertise, how unique the skill is, time with the company, the training the job needs and the salary the skill commands. USCIS says knowing a foreign language and culture isn't enough on its own, and a skill that's essential at startup may stop being essential later.

How do you apply for an E-2?

The State Department tells applicants to expect the officer to ask for more documents, since every business is different. The FAM's suggested checklist covers proof of nationality, ownership papers, the investment and where it came from, evidence the business is real, and why it isn't marginal. Index and tab them and highlight the key figures. Our E-2 interview questions guide covers what the officer then asks about your business, money and role.

How long can you stay on an E-2?

• Admission: up to 2 years at a time. CBP generally grants a fresh 2 years each time you come back from a trip abroad.
• Extensions: in steps of up to 2 years, with no limit on how many, as long as you still qualify and intend to leave when status ends.
• Changes: you can work only in the activity approved. A substantive change, such as a merger, acquisition or sale of the division, needs a new Form I-129 with USCIS.
• Family: your spouse and unmarried children under 21 can come too, whatever their nationality, and generally get the same stay. Their stay doesn't reset when you travel unless they travel too.
• Spouses can work. USCIS says E-2 spouses are employment authorized incident to status, and an I-94 marked E-2S is List C proof for Form I-9. Children (E-2Y) can't work.

Commercial drivers: since an April 2025 executive order, USCIS asks E-2 applications for jobs that involve driving a commercial motor vehicle to include evidence of English proficiency.

Is E-2 the right fit?

E-2 suits someone from a treaty country who wants to own and run a US business and can put real money at risk. If your country isn't on the list, or you'd rather be employed, compare the L-1 visa requirements for transfers within a company, the O-1 visa requirements for people with extraordinary ability, and the TN visa requirements for Canadian and Mexican professionals.

Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.