E-2
Treaty Investor Visa
What Samper Law has published on the E-2, with the date each point was accurate and a link to the analysis behind it.
How much do I need to invest for an E-2 visa?
There is no fixed minimum investment for an E-2 visa: the regulations require a "substantial" amount of capital measured against the total cost of the particular business, not against a dollar floor. The less the business costs, the closer the investor must come to funding all of it, and the money must be committed and at risk in an enterprise that will do more than support the investor's own family.
What currently applies
Where do most E-2 investors have to apply for their visa?
In their country of nationality or qualifying residence, subject to each post's processing arrangements. An investor living in the United States in E-2 status is not a resident of a third country just because they visit it. Some embassies route E visa cases to a designated regional post, so check before booking travel.
Do I need an interview to renew my E-2 visa?
Generally, plan for one. Since October 1, 2025, interview waivers have been limited to a few categories that do not include E-2 renewals. Consular officers decide case by case, but every renewal timeline should include an interview.
Accurate as of | From Where You Apply for an E-2 Now Matters as Much as What You File
Can I get an E-2 visa if my country has no treaty with the United States?
Not as the principal investor. The principal must be a national of a treaty country, and the enterprise must be at least 50 percent owned by nationals of that country; dependents need not share that nationality. Mexico, Colombia, Argentina, Spain, the United Kingdom and Japan are treaty countries; Brazil, India and China are not, although a dual national may qualify through a second, treaty nationality. EB-5 has no treaty requirement.
Accurate as of | From EB-5 or E-2? Start With the Family, Not the Investment Amount.
Primary sources- INA 101(a)(15)(E)(ii); 8 CFR 214.2(e); 22 CFR 41.51
- 8 U.S.C. 1153(b)(5)(C)
- National Defense Authorization Act for Fiscal Year 2023, sec. 5902 (December 23, 2022)
Can the spouse of an E-2 investor work in the United States?
Yes. E-2 spouses are employment authorized incident to their status, so a spouse may work for any employer, or for themselves, without a separate work permit. An unexpired Form I-94 annotated "E-2S" is acceptable evidence of employment authorization for Form I-9, though the spouse still needs acceptable identity documents.
Accurate as of | From E-2 Families: Your Spouse Can Work. Your 20-Year-Old Is on a Clock.
Primary sources- INA 101(a)(15)(E)(ii)
- 8 CFR 214.2(e)(4)
- USCIS, guidance on employment authorization for E and L spouses (2023)
Every article on this topic, newest first
- GuideVisa Options for Startup Founders: O-1, E-2, EB-1A, and NIW
- GuideE-2 or EB-5? A Decision Guide by Nationality, Budget, and Green Card Goal
- GuideYour E-2 Business Plan Is a Financial Document First
- GuideWhere You Apply for an E-2 Now Matters as Much as What You File
- GuideE-2 Families: Your Spouse Can Work. Your 20-Year-Old Is on a Clock.
- GuideHow Much to Invest for an E-2 Visa: What Counts as Substantial, With Real Business Examples
- GuideThere Is No E-2 Minimum. That Is the Problem.
- GuideEB-5 or E-2? Start With the Family, Not the Investment Amount.
Frequently asked questions
Is there a minimum investment for an E-2 visa?
No, the regulations set no fixed amount. The investment must be substantial, committed and at risk, and made in a real enterprise that is not marginal, among other requirements. "Substantial" is proportional: how much of the total cost of establishing or buying the business the investor has committed.
Accurate as of | From There Is No E-2 Minimum. That Is the Problem.
What should an E-2 business plan include?
It should start with a capital budget showing exactly where the investment goes. A useful budget lists acquisition price or startup costs, lease deposits and build-out, equipment, initial inventory, licenses and professional fees, and opening working capital. Each line should tie to a document in the application, such as a signed lease, invoices or a purchase agreement.
Accurate as of | From Your E-2 Business Plan Is a Financial Document First
What does "marginal" mean for an E-2 business?
A marginal enterprise is one without the present or future capacity to generate more than a minimal living for the investor and family, or to make a significant economic contribution. Under 8 CFR 214.2(e)(15), that capacity should generally be realizable within five years from the start of normal business activity. The business plan is where it is shown, with numbers.
Accurate as of | From Your E-2 Business Plan Is a Financial Document First
Can I use a second passport to qualify for an E-2 visa?
Possibly, with a limit. Under the December 2022 National Defense Authorization Act, a person who acquired treaty nationality through a financial investment, and has not previously held E status, must have been domiciled in that country for at least three continuous years at some point before applying. A recently purchased citizenship is unlikely to qualify on its own.
Accurate as of | From EB-5 or E-2? Start With the Family, Not the Investment Amount.
Can E-2 children go to school in the United States?
Yes. E-2 children may attend school at any level, from kindergarten through university, without a separate student visa, while they keep qualifying dependent status. The rule for children is school yes, work no. Only unmarried children under 21 qualify, so plan before the 21st birthday, not after.
Accurate as of | From E-2 Families: Your Spouse Can Work. Your 20-Year-Old Is on a Clock.
This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Immigration law and agency policy change frequently; the analysis above reflects our understanding as of the date noted. Readers should consult counsel regarding their specific circumstances.