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Home | Work Visas | E VISAS | E-2 Visa (Treaty Investors)

E-2 Visa (Treaty Investors)

A citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Treaty Investors (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, select Treaty Countries.

You must be coming to the United States to:

  • develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.
  • The investor, either a person, partnership or corporate entity, must have the citizenship of a treaty country.
  • If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
  • The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise, etc.
  • The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking.
  • It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
  • the investment must be at risk in the commercial sense.
  • must be coming to the United States to develop and direct the 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.

Note I : 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 II: for those individuals who obtained treaty country nationality through a financial investment, USCIS may require additional documentation to show that the applicant has been domiciled in the treaty country indicated in the application for a continuous period of at least 3 years at any point before applying for E-1 or E-2 classification (this is relevant to a small group of people who got their treaty country citizenship by investment).