The E-2 visa lets a national of a treaty country come to the United States to develop and direct a business they have invested in. To qualify, you must meet five core requirements: be a national of a treaty country, have made a substantial, at-risk investment in a real US enterprise, own at least 50% or otherwise control it, intend to develop and direct it, and show the business is not marginal. This guide walks through each requirement, the investment amount, and the business plan adjudicators expect.
This is general information, not legal advice, and approval is decided by USCIS or a consular officer. Work with a qualified immigration attorney on your petition.
Who qualifies for an E-2 visa
The E-2 is only open to nationals of countries that maintain a treaty of commerce and navigation with the United States. Your nationality, not your residence, is what counts, and the business's ownership must be at least 50% held by nationals of the same treaty country. The investor applying must own at least 50% of the enterprise or hold operational control through a managerial position or other corporate device.
The E-2 investment requirement
There is no fixed minimum investment. The capital must instead be "substantial" relative to the total cost of buying or creating the business, a proportionality test: a small business may need a near-100% investment, while a larger one can be a lower percentage. In practice, most approved E-2 cases involve an investment of roughly $100,000 to $300,000, though lower amounts can qualify for inexpensive businesses. The investment must also be:
- At risk. Committed to the business and subject to partial or total loss if it fails. Funds sitting in a bank account do not count.
- Irrevocably committed. Tied up in the enterprise, often shown through a lease, equipment, inventory, or escrow contingent only on visa approval.
- From a lawful source. Documented and traceable to legitimate funds.
The "develop and direct" requirement
You must be coming to the US to develop and direct the enterprise, not to fill a routine staff role. This is usually shown through majority ownership or a controlling managerial position. Passive investment, such as buying stock or undeveloped land, does not qualify.
The marginality requirement
An E-2 business cannot be marginal. It must have the present or future capacity to generate significantly more than enough income to provide a minimal living for you and your family, or to make a significant economic contribution, typically by creating jobs. Where the business is not yet profitable, the standard expectation is that it will reach non-marginal capacity within roughly five years. Demonstrating this is largely the job of your financial projections and staffing plan.
The E-2 business plan requirement
A business plan is not named in the statute, but in practice it is the central piece of evidence that ties the other requirements together. A strong E-2 plan proves the investment is substantial and at risk, documents the lawful source of funds, and uses five-year financial projections and a hiring timeline to show the business is non-marginal. Most E-2 plans run 15 to 30 pages, though some consulates, including Canada, Spain, and Germany, cap them at roughly 3 to 10 pages, so length depends on where you file. Our executive summary guide and financial projections guide cover the two sections officers read most closely.
Filing an E-2 petition?
We write USCIS- and consulate-ready E-2 plans with the marginality analysis, job creation, and five-year financials officers expect, sized to your filing location and revised to your attorney's strategy.
Request a quoteHow to apply: process and timeline
There are two paths. Applicants abroad file Form DS-160 and DS-156E and attend an interview at a US consulate, where E-2 cases are often decided in weeks to a few months depending on the post. Applicants already in the US in another status can file Form I-129 to request a change of status with USCIS, with premium processing available. The E-2 is a nonimmigrant visa, granted in increments of up to two years and renewable indefinitely as long as the business continues to qualify; the visa stamp's validity follows your country's reciprocity schedule.
Common reasons E-2 applications are denied
- The investment looks marginal. Weak projections or no staffing plan fail to show the business will do more than support the investor.
- Funds are not clearly at risk.Cash still in a personal account, or a deal not committed beyond visa approval, undercuts the "irrevocably committed" test.
- Source of funds is undocumented. Gaps in the paper trail raise questions about lawful origin.
- The plan is generic. A template that is not tailored to the specific business and market reads as a guess.
E-2 versus other investor and transfer visas
The E-2 centers on an active, at-risk investment you direct. If you are comparing routes, see E-2 visa vs EB-5 visa, the EB-5 visa requirements for the green-card investment route, or the L-1 visa requirements for transferring within a multinational company. Our immigration business plan service covers all of these categories.
