The E-2 Investor Visa is a nonimmigrant visa that allows individuals from treaty countries to invest in and run a business in the United States.
If you are an entrepreneur looking for a way to move to the U.S. and actively manage a company, the E-2 visa might be ideal for you.
Below is a comprehensive guide covering every major step—from forming a U.S. company to preparing your visa application forms and fees.
1. Confirm E-2 Visa Eligibility
Check Your Country’s Treaty Status
You must be a national of a country that has an E-2 treaty of commerce and navigation with the United States.
A complete list of treaty countries is available on this page: Treaty Countries.
Have a ‘Substantial’ Investment
While there is no official minimum investment amount, your capital must be substantial enough to ensure the successful launch and operation of your business.
Typically, an investment of at least USD $100,000 is considered “substantial,” but the actual amount can vary by industry and business type.
Invest in a Bona Fide, Active Business
Your investment cannot be passive, such as just holding stocks or real estate for appreciation.
You must be actively involved in the management and day-to-day operations of the enterprise.
Show That the Business Is Not ‘Marginal’
The venture should generate sufficient revenue to support you and your family (beyond minimal living expenses) or create jobs for U.S. workers.
Demonstrate Source of Funds
You must be able to prove that your investment funds were obtained through lawful means (e.g., personal savings, inheritance, personal loan, sale of property, etc.).
2. Choose Your Business Structure and Location
Select a Legal Entity
The most common entities are LLC (Limited Liability Company) or C-Corporation.
Each structure has different tax implications and management requirements. Consult a tax professional or attorney if you’re uncertain which is best.
Register in a Specific State
Choose a state where you plan to operate. Different states have different filing fees and tax laws.
For instance, Delaware is popular for its business-friendly laws, but many choose the state where they physically operate.
File Formation Documents
If forming an LLC, you typically file Articles of Organization.
If forming a corporation, you file Articles (or a Certificate) of Incorporation.
Filing fees vary by state but generally range from USD 50 to $300.
Obtain an Employer Identification Number (EIN)
After forming your entity, apply for an EIN with the Internal Revenue Service (IRS).
This is done via the IRS Online Application. The application is free, and approval is immediately online.
Set Up a U.S. Bank Account
Open a business bank account with your formation documents and EIN. This will help demonstrate that you’ve truly committed funds to your U.S. business.
3. Develop a Detailed Business Plan
A strong business plan is crucial for your E-2 application because it demonstrates how your investment will support the company’s growth, create jobs, and benefit the U.S. economy.
Your plan should cover:
Executive Summary
Brief overview of the company’s purpose, mission, and key products or services.
Market Analysis
Detailed research on your target market, industry trends, competitor analysis, and your unique selling proposition (USP).
Operations Plan
Day-to-day operations, location specifics, equipment needed, supply chain considerations, and any special licenses or permits required.
Marketing & Sales Strategy
How you plan to attract and retain customers, advertising methods, and sales channels (online, retail, franchising, etc.).
Management & Personnel
Organizational chart showing your role and any employees or managers you plan to hire (the E-2 visa strongly favors businesses that will create jobs).
Financial Projections
5-year financial forecasts, including income statements, balance sheets, and cash flow statements.
Show how the company will grow, become profitable, and remain stable over the visa period.
Demonstrate that the business will not be marginal (i.e., it will generate sufficient income to support you and potentially hire U.S. workers).
4. Transfer and Document Your Investment Funds
Set Aside Funds in a U.S. Bank Account
Transfer the investment capital into your newly opened U.S. business bank account.
The funds should be earmarked for business expenses (equipment purchase, lease, franchise fee, etc.).
Show ‘At Risk’ Investment
The investment must already be committed, meaning the money is spent or is contractually obligated, not just sitting in a personal account.
For example, you might sign a lease, purchase equipment, or pay a portion of a franchise fee.
Collect Proof of Funds
Gather documents showing how you got your investment capital (e.g., sale of property, savings, loan, inheritance).
Keep evidence of all financial transactions, including bank statements, receipts, invoices, contracts, and payment confirmations.
5. Complete the Required E-2 Visa Forms
Depending on whether you are inside or outside the United States, the application process and forms differ.
5.1 If You Are Outside the U.S.
Submit DS-160 Nonimmigrant Visa Application
DS-160 is the online application form used by individuals applying for a nonimmigrant visa at a U.S. Consulate or Embassy.
In most cases, you will also fill out a DS-156E (Nonimmigrant Treaty Trader / Investor Application). This form focuses on the details of your company and your role in it.
Pay the Appropriate Fee
Processing fees are subject to change, always verify the amounts on the U.S. Department of State website).
Once the application is properly filed, you will receive a confirmation page (barcode page), which you must print and bring to the visa interview.
Supporting Documentation
Shortly after submitting the E2 visa application online, you will be scheduled for an interview at the U.S. Embassy or Consulate in your country.
Have your immigration attorney thoroughly prepare you for your upcoming visa interview.
Bring all of your supporting documentation with you to the interview.
5.2 If You Are Inside the U.S.
Submit Form I-129 Petition for a Nonimmigrant Worker + E Supplement
Filing Fees are subject to change. Check the USCIS Fee Schedule for the most current fee updates.
Premium Processing (Optional): currently $2,805, if you want to request a 15 working day processing time.
6. Assemble Your E-2 Application Package
Whether you apply at a consulate (DS-160 + DS-156E) or apply for a change of status (Form I-129 + E supplement), the following documents are generally required:
Completed Application Forms
DS-160 or Form I-129, depending on your situation.
DS-156E (if required by the Embassy or Consulate).
Valid Passport
Your passport must be valid for at least six months beyond your intended stay.
Business Plan
The detailed plan described above typically covers a 5-year financial forecast.
Corporate Formation Documents
Articles of Organization or Incorporation, Operating Agreements, Bylaws, and other relevant paperwork.
Evidence of Investment
Bank statements, wire transfer confirmations, invoices, receipts, and contracts.
Source of Funds
Documentation establishing the lawful origin of your investment capital.
Ownership and Control Proof
Show that you own at least 50% of the U.S. entity or have operational control.
Resume / CV
Some applicants provide a resume to show relevant business or managerial experience.
Proof of Ties to Treaty Country (Optional but recommended)
Documents that demonstrate you are a national of the treaty country and have the intent to depart the U.S. if/when the E-2 status expires.
7. Attend the Visa Interview (If Applying Abroad)
Scheduling the Interview
Shortly after your DS-160 is submitted and fees paid, you will be scheduled for your E2 interview. The wait time varies by consulate.
Preparing for the Interview
Consult your immigration attorney. Have your attorney carefully prepare you for your interview.
Review your business plan, the nature of your investment, and how you intend to run the company.
Dress professionally and bring all original documents.
Answering the Consular Officer’s Questions
Be ready to explain why your business idea is viable, how your investment is at risk, and how your company will benefit the U.S. economy.
Receiving the Decision
If approved, you’ll typically get your passport with the E-2 visa stamp within a few days or weeks.
If denied, you may receive a written explanation; you could address the reasons and/or possibly reapply.
8. Arrival in the U.S. and Maintaining Your E-2 Status
Length of Stay and Renewals
An E-2 visa is often issued for up to 5 years depending on the reciprocal agreement with your home country.
Upon entry, you may be granted a 2-year stay. You can renew your E-2 status indefinitely as long as your business continues to meet E-2 requirements.
Operating and Growing Your Business
Stick to your business plan, hire employees as projected, and manage your finances meticulously to show ongoing viability.
Stay Compliant
File annual tax returns, renew state registrations or licenses on time, maintain corporate records, and pay employees properly.
Family Members
Your spouse and children (under 21) can also qualify for E-2 dependent visas.
A spouse may seek work authorization once in the U.S.
9. Tips for a Successful E-2 Application
Document Everything
Keep thorough records of every financial transaction related to your investment.
Have a Realistic Financial Plan
Overly optimistic numbers might raise red flags. Ensure your projections are based on market research.
Be Consistent
The information in your business plan, your application forms, and your interview answers should align.
Show Managerial Experience
You don’t need decades of experience but demonstrate relevant knowledge or background that shows you can successfully run the business.
Seek Professional Guidance
Immigration law can be complex. An experienced attorney can help you avoid mistakes and present a strong case.
Final Thoughts
Securing an E-2 Investor Visa involves a careful balancing act of compliance, documentation, and strategy.
From forming a legal entity in the U.S. to assembling a robust business plan and demonstrating a bona fide investment, each step requires attention to detail.
Keep meticulous records, invest the time in thorough research, and consider professional legal assistance if you need support.
If approved, the E-2 visa offers an incredible opportunity to run a business in the United States, with the potential to renew indefinitely as long as your business remains active and profitable.
By following the steps outlined here, you’ll be well on your way to making your American entrepreneurial dream a reality.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Immigration laws and fees can change. Always check the latest information from official sources like USCIS and the U.S. Department of State or consult with a qualified immigration attorney for personalized guidance.