Guide
The E-2 treaty investor visa
The E-2 lets a citizen of a treaty country come to the United States to develop and direct a business they have invested a substantial amount of capital in. There is no lottery, no annual quota, and no fixed dollar minimum — but there are six requirements every case has to satisfy.
What you have to prove
Treaty country nationality
You must hold citizenship of a country that has a treaty of commerce and navigation with the United States — roughly 80 countries including the UK, Japan, Germany, Spain, Turkey, Mexico, and South Korea. India, China, and Brazil are not treaty countries. Your nationality, not your residence, is what counts.
A substantial investment
There is no legal minimum. In practice, most approved cases involve $100,000 or more, and the amount is judged proportionally: the investment should be a large share of what a business like yours actually costs to buy or start. A $150k purchase funded with $150k is stronger than a $1M purchase funded with $150k.
Funds must be at risk and committed
The money has to be irrevocably committed — spent or escrowed subject to the visa outcome. Unspent cash sitting in a bank account does not count. Loans secured by your personal assets can count; loans secured by the business itself generally cannot.
A real, operating enterprise
The business must be active and producing goods or services. Passive holdings — undeveloped land, a stock portfolio, a rental property you do not operate — do not qualify.
More than marginal
The business must generate more than enough income to support you and your family, or clearly create jobs for U.S. workers. If it cannot do that today, you may present a five-year plan showing it will within roughly five years. Buying a business with existing employees is the simplest way to satisfy this.
At least 50% ownership and control
You must own at least half the business or otherwise control it operationally, and you must be entering the U.S. to develop and direct it — not to take a passive stake or work as an ordinary employee.
How the process runs
- 1
Confirm eligibility
Check treaty nationality and how much capital you can commit.
- 2
Find a business
Shortlist operating businesses whose price and staffing fit the tests.
- 3
Diligence and escrow
Review financials and lease; place funds in a visa-contingent escrow.
- 4
Build the filing
Business plan, source-of-funds trail, and corporate documents.
- 5
Consular interview
File Form DS-160 and interview at a U.S. consulate abroad.
- 6
Arrive and operate
Typical initial stay is up to 5 years, renewable indefinitely.
Common questions
- How long does the E-2 last?
- Visa validity depends on your country's reciprocity schedule (often 5 years). Each entry usually grants a 2-year period of stay, and there is no cap on renewals as long as the business keeps qualifying.
- Can my family come?
- Yes. A spouse and unmarried children under 21 can accompany you. Spouses are work-authorized incident to status; children can study but cannot work.
- Is the E-2 a green card?
- No. It is a non-immigrant status tied to your investment. It can be renewed indefinitely but does not itself lead to permanent residency.
- Can I buy a franchise?
- Yes, and franchises are common E-2 vehicles because franchisors provide documented costs and projections that support the filing.
Anonymized case studies
Examples based on common E-2 fact patterns. Results depend on the specific case and consulate.
Purchased an existing franchise with 4 employees. The lease was assumed, the purchase agreement was placed in escrow, and the business plan projected 6 employees by year two.
Acquired 100% of a 5-employee shop with consistent cash flow. Funds were traced from a family savings account and the sale of a home in Germany.
Initial investment was under $100k. A response to an RFE demonstrated that the spend was proportional to a low-overhead service business and that 2 U.S. employees were already on payroll.
E-2 readiness checklist
Track the points every case has to satisfy before you file.
0 / 8 done
This checklist is for your own preparation. It does not replace legal advice.
Are you from a treaty country?
The E-2 is only open to nationals of countries that hold a treaty of commerce with the United States. Check yours before you shop.
Ready to look at businesses?
Listings marked “E-2 ready” already have the staffing, lease, and investment profile that these tests reward.
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