How to Get an E-2 Investor Visa to the US: Requirements & Services
Do you want to start or invest in a business in the U.S.? Read the information we have provided below about investor visas. Then fill out our immigration assessment form and we’ll get back to you to discuss your eligibility and options.
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E-2 Investor Visa USA
What Is an E2 Investor Visa?
Individuals who wish to work in the US by starting or investing in a US business may be eligible for an E-2 investor visa. The E-2 visa is a special visa allowing individuals from specific countries to reside and work in the United States if they either:
- invest substantially in a U.S. business or
- are employed in a key role (executive, manager, or essential employee) for a U.S. company owned by someone from their home country.
While not all countries are eligible, business owners and investors from those that are may qualify if they meet several criteria. Employees as well as spouses and children of the principal visa holder may also be eligible for a visa.
Who Can Apply for the E-2 US Investor Visa?
If you wish to work in the U.S. by starting or investing in a U.S. business, an E-2 Visa may be an option for you. E visas are U.S. work visas for people working in the U.S. in trade or in investment. E visas can only be issued to countries where there is a treaty between the foreign national’s country and the USA.
There are 2 types of E visa applications, the E-1 visa for traders, and the E-2 visa for investors. Here, we will give you all of the information you need to know about E-2 investor visas.
How to Qualify for an E-2 Investor Visa: E-2 Visa Requirements
E-2 visas are for owners and investors in businesses in the United States. The E-2 is a temporary U.S. work visa that may be granted for “substantial” investments in the U.S. An investment must meet several criteria in order to qualify for an E-2 visa.
Employees of E-2 companies may be granted E-2 visas if they are or will be engaged in duties that are executive, managerial, or supervisory in nature. If employed in a minor capacity, the employee may be granted an E-2 visa if he or she has special qualifications that make the services to be rendered essential to the enterprise.
The spouse and children (unmarried and under 21) of E-1 or E-2 visa holders are entitled to the same E-1 or E-2 classification as the principal.
In order to qualify for the E-2 Visa as an investor, you have to:
- Show that a “substantial” investment or funds is available and committed to the investment;
- The investment must be for an active business as opposed to passive investment such as purchasing a home;
- At least 50% of the business must be owned by the foreigner from a country which has a treaty with the United States;
- The investment must create enough profit to provide a living for more than just the applicant and his/her family.
E-2 Visa Cost: E-2 Visa Minimum Investment
There’s no ‘minimum investment amount’ for an E-2 visa, but the less expensive the business is, the larger your investment should be as a percentage of the total cost.
For instance, a small service business might need a higher investment percentage than a capital-intensive one. Additionally, your business must be more than just a way to support your family; it needs to demonstrate the potential for significant economic impact. In most cases, the investment should be at least $100,000 USD, but in some cases it may be less than this.
The cost of obtaining an E-2 investor visa involves two main expenses:
- Investment Cost: This is the money you put into your U.S. business, which can be a new venture, a franchise, or an existing company. There’s no minimum amount, but the investment must be significant enough to show your commitment to the business.
- Application Cost: This includes government filing fees, which have increased as of April 1, 2024. You may also need to pay for professional services like lawyers or business plan writers, depending on your situation
What Is the Application Fee for an E-2 Visa?
Applying from within the US: Change of Status
Form | Cost | Notes |
---|---|---|
Form I-129 Petition for Non-Immigrant Worker | $510 - $1,015 USD | depends on the size of the business |
Form I-539 Application to Extend/Change Nonimmigrant Status | $470 USD | required for spouses and children under 21 |
Form I-907 (Optional) | $2,805 USD | for premium processing (expedited review within 15 business days) |
Applying from Outside the US: Consular Processing
Form | Cost | Notes |
---|---|---|
Form DS-160 (Nonimmigrant Visa Application) | $315 USD | processing fee specific to the type of visa you’re applying for (E-2) |
Reciprocity Fee | to be determined | charged to citizens of countries that charge high fees for US visas |
Form I-907 (Optional) | $2,805 USD | for premium processing (expedited review within 15 business days) |
Is there a biometrics fee for the E-2 visa?
In 2024, the U.S. government removed the separate fee for biometrics (fingerprints and photos) for most temporary visas like the E-2. However, if you’re applying for an E-2 visa from outside the U.S. at a consulate or embassy, you might still need to pay a biometrics fee in some places. This is because certain locations haven’t fully updated their procedures to reflect the new rule change.
What if I am an employee? Can I qualify for an E-2 Visa?
To qualify for E-2 Employee classification, the employee or prospective employee of a treaty investor must:
- Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
- Meet the definition of “employee” under relevant law
- Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
What Is Considered a Substantial Investment for an E-2 Visa?
There’s no fixed amount for a “substantial investment.” It varies based on the business type and location. Generally, it should be enough to show a genuine commitment to the business and the potential for job creation.
Can My Spouse Work on an E-2 Visa?
Yes, the spouse of an E-2 visa holder can apply for an E-2 dependent visa, which allows them to work in the United States.
Can My Children Attend School in the US on an E-2 Visa?
Yes, children of E-2 visa holders can attend US public schools.
How Long Can I Stay in the US on an E-2 visa?
The initial E-2 visa is typically granted for two years, but it can be extended in two-year increments. There’s no limit to the number of extensions, as long as the business continues to operate.
Can I Change Jobs or Businesses While on an E-2 Visa?
While you can’t change the nature of your business, you can expand it. However, if you want to start a completely new business, you might need to apply for a new E-2 visa.
Is your Country on the E-2 Investor Visa List?
In order to qualify for an E-2 visa, you have to be a national of a country that has a Treaty with the U.S. for E visas. Below is the list of countries that have an E-2 visa treaty.
Investor Visa Cases
The following articles provide insight into specific cases you may have, or issues you could potentially face in applying for an investor visa:
What is the Difference Between an E-1 and E-2 Visa?
I was refused a US Business Visa. What Next?
What to Expect at an E-2 Visa Interview
Other Types of Investor Visas
Temporary Investor Visas
There are 2 types of E-visas for investors: the E-1 and the E-2 Visa. Under each one, only certain countries’ citizens are eligible to apply, and both have subtle yet important requirements that set them apart.
Immigrant Investor Visa
The EB-5 immigrant investor visa was created by Congress to attract foreign capital to the US and create jobs for American workers in the process. The investor would then be eligible for permanent residence. To obtain the EB-5 visa, the investor must fit a few main requirements, and submit documentation to prove they are eligible.
O-1 Visa
The O-1 visa is for individuals with extraordinary ability in the arts, sciences, business, education, or athletics. While it is considered a work visa, it can be applicable to investors in some of these areas, particularly business, in which one may have extraordinary skills.
Why Seeking Professional Help for an E-2 Visa is Crucial
When applying for an E visa, all the criteria must be met. With all of the paperwork and documentation required, it is easy to miss important details that can lead to a rejected application. Without any legal help, navigating through the complicated application process is frustrating and potentially fruitless. When it comes to preparing an application for investors or traders, experienced legal teams will know the best way to prepare a successful application package.
Why Hire Us to Help You With Your E-2 Visa Application?
With over 15 years of experience of working with investors and traders, we know what the U.S. immigration department requires. We have helped thousands and thousands of foreign nationals successfully enter the U.S. with E visas and we can help you too!
The first step towards a successful E-2 visa application is getting an assessment of your case. Fill out our immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.