Visa E-2 requirements

Many immigrants are unaware of what an E-2 visa for the United States is, the requirements and the benefits it can offer them as a tool to invest and legally establish themselves in the country.

If you would like legal assistance in applying for an E-2 visa, please do not hesitate to contact our New Jersey immigration lawyers at Curbelo Law.

What is a US E-2 visa and what should I know in 2025?

The E-2 treaty trader visa allows immigrants from certain countries to be admitted to the US. However, to do so, they must make a significant investment in a US enterprise. 

This visa also allows certain employees of the holder to be eligible for this classification.

E-2 Visa Terminology for the United States

Before fully understanding what an E-2 visa is, the requirements and going into more depth about this visa, it is important that you know the key terms related to the E-2 classification:

• Investment: This refers to an investor placing assets in a company with the intention of making a profit. The funds must be at risk and could be lost if the investment fails. In addition, they must not come from illegal activities.
• Bona fide enterprise: This is a real business entity that produces goods or services for profit and complies with the laws necessary to operate in its area.
• Principal employer: If the enterprise is not owned by an individual, at least 50% must be owned by persons with the nationality of the treaty country and who meet the requirements of a treaty investor.
• Executive or supervisory duties: These roles give the employee control over the operation of the company or a significant part of it.
• Special qualifications: These are unique skills of the employee that are essential to the success of the company. Also included is the requirement for proven experience and skills that are not easily found in the US.

Knowledge of a foreign language or culture alone does not meet the special qualification criterion.

What is considered a marginal Enterprise?

A marginal enterprise is one that does not have the current or future capacity to generate sufficient income to cover anything more than the basic needs of the investor.

Therefore, in order not to be considered marginal, the company must demonstrate that it has the potential to generate significant revenues within a reasonable period of time. 

Who qualifies for an E-2 visa?

To qualify for an E-2 visa, you must meet certain requirements that vary depending on whether you are filing as an investor or as an employee of an investor. Specific conditions for each case are detailed below:

Requirements for the investor

• Be a citizen of a country with which the United States maintains a treaty of commerce and navigation.
• Have made or be in the process of making a substantial capital investment in a bona fide enterprise within the US.
• Intend to enter the United States solely to develop and direct the investment enterprise. 
• Demonstrate ownership of at least 50% of the company or operational control through a management position or other corporate mechanisms.

Requirements for the investor’s employee

• Be of the same nationality as the eligible principal foreign employer.
• Meet the definition of “employee” under applicable law.
• Participate in executive or supervisory activities, controlling and having primary responsibility or a major component of the company. However, if the person holds a lesser position, they must have special qualifications for this.

What is the difference between an E-1 and an E-2 visa?

The main difference between the E-1 visa for the United States and the E-2 visa lies in their purpose and the activities they allow:

• E-1 visa: This is designed for treaty traders to engage in international trade activities on their own account or as employees of companies that trade with the US.
• E-2 visa: This is aimed at treaty investors and allows nationals of a treaty country to enter the country to invest a substantial amount of capital in a US company and subsequently manage it.

In simpler words, the E-1 visa is for traders and the E-2 visa is for investors.

Which countries have a trade agreement with the United States?

Foreign nationals of the following countries may be eligible to apply for the E-2 Treaty Investor visa:

• Albania.
• Argentina.
• Armenia.
• Australia.
• Austria.
• Azerbaijan.
• Bahrain.
• Bangladeshi.
• Belgium.
• Bolivia.
• Bosnia and Herzegovina.
• Bulgaria.
• Cameroon.
• Canada.
• Chili.
• China (Taiwan).
• Colombia.
• Congo (Brazzaville and Kinshasa)
• Costa Rica.
• Croatia.
• Czech Republic.
• Denmark.
• Ecuador.
• Egypt.
• Estonia.
• Ethiopia.
• Finland.
• France.
• Georgia.
• Germany.
• Grenade.
• Honduras.
• Ireland.
• Israel.
• Italy.
• Jamaica.
• Japan.
• Jordan.
• Kazakhstan.
• South Korea.
• Kosovo.
• Kyrgyzstan.
• Latvia.
• Liberia.
• Lithuania.
• Luxembourg.
• Macedonia.
• Mexico.
• Moldova.
• Mongolia.
• Montenegro.
• Morocco.
• Netherlands.
• New Zealand.
• Norway.
• Oman.
• Pakistan.
• Panama.
• Paraguay.
• Philippines.
• Poland.
• Romania.
• Senegal.
• Serbia.
• Singapore.
• Slovak Republic.
• Slovenia.
• Spain.
• Sri Lanka.
• Suriname.
• Sweden.
• Switzerland.
• Thailand.
• Togo.
• Trinidad & Tobago.
• Tunisia.
• Turkey.
• Ukraine.
• United Kingdom.
• Yugoslavia.

For more information, visit the Department of State ‘s list of treaty countries.

How to apply for an E-2 investor visa for the United States?

To apply for an E-2 investor visa in the United States, the process depends on your location:

• If you are in the United States with legal status: You may file Form I-129 with USCIS to request a change of status to E-2. This method also applies if an employer wishes to recruit qualified employees for the position.
• If you are outside the United States: You cannot use Form I-129. In this case, you should seek information on how to proceed at the US embassy or consulate in your country. You can also consult with our immigration attorney Carolina T. Curbelo for personalized guidance.

In both scenarios, it is essential to meet all the requirements established to demonstrate your eligibility for this visa.

What documents are required for an E-2 visa?

To obtain an E-2 visa, the following documents are required:

• Company constitution: This includes a certificate of incorporation, operating agreement, and documents proving ownership.
• Proof of investment: These may include bank statements, transfers and receipts that demonstrate the investment made.
• Business licenses: Any copies of licenses required to operate in the US.
• Business plan: This should be the company’s business model with financial projections and hiring plans.
• Lease agreement: This must be the document that supports the place of operation of the business.
• Qualifications: You may use your resume, degrees, diplomas, or transcripts.
• Documents for your dependents: If you are bringing dependents to the US, each of them must have their passports and birth certificates.
• Source of funds: You will have to prove the source of the funds invested.
• Evidence of business: Photos, invoices, website or directory listings are acceptable.
• Passport: Must include a copy of the biographical page.

Can I get a Green Card through an E-2 visa?

With an E-2 visa, it is not possible to get a Green Card. This is because E-2 visas are intended for nonimmigrants who wish to invest and work in a company in the US. 

Do E-2 visa holders pay taxes?

The short answer is yes. Therefore, E-2 visa holders must file federal and state tax returns with the Internal Revenue Service (IRS) to report all income earned within the US.

You will still have to pay taxes at all times, even if you manage to obtain American citizenship. Therefore, we recommend that you be well prepared. 

How long can I stay in the US on an E-2 visa?

With an E-2 visa, you can stay in the United States initially for a maximum of two years. 

This period can be extended in two-year increments, either by applying for the extension from within the country or by traveling and re-entering with a visa. In other words, there is no limit to the number of times you can renew this visa.

What types of businesses are acceptable under the E-2 visa?

Acceptable types of business under the E-2 visa include starting a new business, acquiring an existing business, or purchasing a franchise. 

The E-2 visa therefore allows a wide variety of businesses for investors, such as personal service providers (hair salons, cafes) and consulting firms. 

It also covers commercial businesses, including import and export, manufacturing, retail stores and other sectors where significant investment can be demonstrated.

What happens if my business does not prosper after obtaining the E-2 visa?

If your business is not successful, you could lose your E-2 status, as it requires that the investment remain active and the business operating.

If you missed out on this visa, don’t panic. This is because you may be eligible for other visas, such as the H-1B visa for example. Depending on the visa you qualify for, you may be able to adjust your status in the US.

Can I work in the United States with an E-2 visa?

With an E-2 visa you can work in the United States, but only in the specific activity approved when the classification was granted. 

If you are an employee, you may also work for the parent company or a subsidiary, as long as there is a relationship between the organizations, the position requires that:

• Have essential or executive skills for the company, and 
• The conditions of employment have not changed.

Any material change in the conditions of your status, such as a merger or sale of the company, must be reported to USCIS using a new Form I-129. 

Minor changes do not require this process, though you can check with USCIS to confirm. Additionally, conditions such as strikes or labor disputes could affect your ability to work.

Can I bring my relatives to the United States on an E-2 visa?

With an E-2 visa, it is possible to bring your spouse and unmarried children under the age of 21. They can obtain this visa regardless of their nationality and will receive the same period of stay. 

The spouse may work with a Form I-94 annotated as E-2S or by applying for an EAD. However, to maintain legal compliance, it is important to request an extension before the stay ends.

How much does it cost to apply for an E-2 visa for the United States?

To obtain an E-2 visa for the United States, there are two main types of costs to consider in the requirements:

• Investment cost: The amount you invest in your US business. There is no set minimum amount, but the lower the cost of the business, the higher the percentage of investment required.
• Application cost: Includes government fees and possible professional fees, such as the costs of an immigration attorney. 

It should be noted that since April 2024, costs have increased, so the submission forms have become as follows:

• Form I-129: $510-$1015, depending on the size of the company.
• Form I-539: $470, required for spouses and children under age 21.
• Form I-907 (optional): If you will be using premium processing and expediting your visa application, this has a cost of $2,805.

What happens after the E-2 visa is approved?

After your E-2 visa application is approved, there are several important steps and procedures to consider to ensure that you are safe. These are:

Within the US (Adjustment of Status)

1. You will receive a Form I-797 (Notice of Action) confirming the change in your status to E-2.
2. You will immediately be authorized to work in the company you invested in.
3. If you need to leave the US, you will need to obtain an E-2 visa stamp at a U.S. consulate before you return. This process is not simply a quick visa stamp process, but involves a full E-2 application.

Abroad

1. The US consulate will stamp your passport with the E-2 visa.
2. You may travel to and enter the US after being inspected by a Customs and Border Protection (CBP) officer at a port of entry.
3. The CBP officer will create an I-94 record indicating your E-2 status and the length of your stay. You should also review your record for accuracy.
4. You will be authorized to start working at the company you invested in.

How can Curbelo Law help you with your E-2 visa?

At Curbelo Law we have a solid track record helping investors obtain it. As a result, our team specializes in analyzing and preparing immigration cases in the greatest detail, ensuring a personalized and effective approach.

Now that you know what an E-1 and E-2 visa is and their requirements, you are better prepared to choose the one that is best for you. If you are considering applying for this visa, we can guide you through every step of the process.

So, contact us today for a private consultation and let us help you transform your investment into a promising future.