E-2 / E-1 — Treaty Investors and Treaty Traders

This is the best place to prepare for your initial consultation with our attorneys. Here, you can learn more about the requirements and considerations for obtaining a specific type of visa, as well as find answers to the most frequently asked general questions.

Knowledge Center

E-2 / E-1

Basics

E-1 and E-2 visas are available only to nationals of countries that have a qualifying treaty of commerce and navigation with the United States. The E-2 treaty investor visa is for individuals making a substantial investment in a U.S. business, whether by purchasing an existing company or establishing a new one. The E-1 treaty trader visa is for nationals of a treaty country who come to the United States to carry on substantial trade, principally between the United States and that country.

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E-1 and E-2 status is also available through companies that are at least 50% owned by nationals of a treaty country and that are investing in the United States or conducting qualifying trade. Such a company may sponsor employees who share the treaty country’s nationality to manage the business, or to serve in a supervisory role or in a position requiring skills essential to the enterprise.

Answers to Frequently Asked Questions About This Visa Type

This list of questions will help you prepare for your consultation with an attorney

What type of business can I invest in to get an E-2 visa?

A business you invest in must be a real and operating commercial enterprise. Idle investments in land, stocks or real estate that are held for potential appreciation in value do not qualify.

Is it enough to transfer money from my personal account to the business account of my new U.S. enterprise for it to count as investment?

No. This is a very common misconception. Only funds that are either already spent (e.g., for rent payments, salaries, renovations, purchased equipment and inventory, advertising costs, etc.) or “irrevocably committed” funds are considered invested. Irrevocable commitment is, for example, the payment for purchasing an existing business that is placed in escrow account. Simply put, funds that you can get back after receiving a visa would not count as investment.

How much money do I need to invest in order to get E-2 visa?

There is no magic number, but the amount must be high enough to demonstrate your serious financial commitment to the success of your enterprise and the likelihood of such success. Different consulates have different policies and practices regarding investment amounts. The size of the business is also highly relevant. For smaller businesses, the investment amount must be sufficient to cover startup costs of your enterprise, meaning that you need to invest close to 100% of the required startup capital before making an application. For larger investments, investment of a portion of startup capital may be sufficient to secure a visa. This is known as “proportionality test.

Do I have to hire employees in the United States?

“Marginal” businesses that cannot provide more than “minimal living” for an investor and his/her family do not qualify for E-2 visas. While there is no strict requirement to employ others in the business, it is certainly expected and recommended that you either have employees at the time of making an application or present a detailed business plan demonstrating your intent and ability to start hiring in the foreseeable future.

I want to start a business with a partner or several partners. Can I get an E-2 visa?

Probably, but you have to be in a position to develop and direct the enterprise. Usually this ability is demonstrated through controlling interest (at least 50%). In some case, you can also demonstrate it through managerial control. Another option is to consider the enterprise itself a corporate investor and apply as its employee. In this scenario, the people of the same treaty nationality as you must own at least 50% of the enterprise (note that dual U.S./treaty country nationals or U.S. permanent residents are counted as Americans for this purpose).

I am planning to seek additional investments for my company from U.S. investors. Can it affect my E-2 visa status in the future?

Yes, if the ownership structure of your company changes. You’ll need to speak to an immigration attorney to develop the best strategy.

What if my company is acquired?

You may lose your E-2 status in this situation, so it is extremely important to consult with an immigration attorney and consider alternative visa options before the deal is made.

I want to make an investment in someone else’s business and be a passive shareholder. Can I get an E-2 visa based on such investment?

No. E-2 visas are for investors who control the enterprise and are in the United States with the sole purpose to develop and direct their business.

Can I work for other companies in the United States while on E-2 visa?

No. If you’re an individual investor, your sole purpose in the United States must be to develop and direct your U.S. enterprise. If you are an employee of a company-investor, this is the only company you can work for in the United States.

Can I invest in other businesses while in the United States on E-2 visa?

You need to consult with an immigration lawyer to avoid unauthorized employment.

For employees of companies making an investment, what are the requirements for the proposed job?

The proposed employment must be executive, supervisory or “essential.”

What is the longest I can stay in the United States with the E-1 or E-2 visa?

Each admission or extension in E-1 or E-2 status is granted for up to two years, and there is no limit on the number of two-year extensions as long as you continue to qualify and maintain an intent to depart when your status ends. What varies by country of nationality is the validity of the E-1 or E-2 visa stamp itself (set by reciprocity schedules), which can range up to five years — but that governs how long the visa can be used for travel, not the length of each authorized stay.

What trade activities are required to qualify for E-1?

The trade may include trade in goods, services, and technology. It must be substantial and principally between the U.S. and the treaty country. "Substantial" means a continuous flow of sizable transactions, and "principally" means more than 50% of the total volume of the trader's international trade is between the U.S. and the treaty country.

Can my spouse work on an E dependent visa?

Yes. Spouses of E-1, E-2, and E-3 nonimmigrants are authorized to work incident to status and do not need a separate work permit; an I-94 annotated with the "S" code (e.g., E-2S) is acceptable proof of employment authorization. Unmarried children under 21 may also hold E dependent status and attend school, but they are not authorized to work.

Does the E-2 visa lead to a green card?

There is no direct E-to-green-card path but some E-1 and E-2 principal investors and traders pursue a green card through a different category (for example, EB-1A, EB-1C for managers or executives, or EB-2 National Interest Waiver). Employees of investor and trader companies may be eligible for a labor certification. E visa requires maintaining an intent to depart the United States when your status ends, so the green card process needs to be planned with extra care.

What happens to my E-1 or E-2 status if I sell or close the business?

Your E status depends on the qualifying business continuing to meet the visa requirements. If you sell, close, or lose control of the enterprise, you may fall out of status, so it is important to consider alternatives before any change in ownership.

What happens to my E-1 or E-2 status if I get venture funding or outside investment?

This is one of the most important planning questions for E-visa startups. E status depends on the enterprise having the nationality of the treaty country — which means treaty-country nationals must own at least 50% of it — and, for E-2, on the investor continuing to develop and direct the business. A priced round that takes treaty-national ownership below 50% can cost the company its E status and put the investor and every E employee at risk of losing status. Convertible notes and SAFEs generally do not change ownership until they convert, but the conversion should be modeled in advance. Structures that often preserve eligibility include keeping treaty nationals at 50% or more of the voting equity. Where dilution is unavoidable, plan an alternative category — O-1A, H-1B, EB-1A, or an EB-2 National Interest Waiver — before the round closes.

What happens to my E status if my employment ends?

Employees in E-1 or E-2 status generally have up to 60 consecutive days — or until the end of the authorized period, if shorter — to find a new qualifying E employer, change status, or depart. A principal investor’s status is tied to the enterprise rather than to a job, so the more common risk is a change in the business itself; see the questions above about selling the business and about outside investment.

Should I request a change of status or apply at a consulate?

This choice matters more for E visas than for most categories. USCIS can grant a change to E status inside the United States, but it cannot issue a visa, and the consulate does not simply adopt the USCIS approval — it reviews the investment or trade case anew when you later apply for the visa. Most E cases are therefore filed directly with the consulate from the start. A change of status can still make sense if you are already in the United States, need to begin work quickly, and do not plan to travel soon.

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