The decision to invest in a business in the United States marks the start of an important move. For many entrepreneurs, the E-2 Treaty Investor Visa is the path that makes that move possible. It allows citizens of treaty countries to invest in and actively manage a business in the U.S., offering a practical way to build and operate a company while living there lawfully.
Once the decision is made, planning begins. The investor must organize financial records, confirm that the funds came from lawful sources, and gather evidence showing that the business is real and ready to operate. These steps form the foundation of a strong E-2 application and demonstrate that the investment meets U.S. legal standards.
The process can follow two routes. Applicants who are outside the United States apply through a U.S. embassy or consulate. Those already in the country on another valid visa may apply for a change of status with U.S. Citizenship and Immigration Services (USCIS). The documentation is largely the same, but the forms and procedures differ slightly.
E-2 Visa Application Process
Confirm Treaty Country Eligibility
Only citizens of countries that maintain a qualifying treaty with the U.S. may apply for an E-2 visa. The Department of State keeps an official list of eligible countries. Before any funds are invested, applicants should confirm that their nationality appears on that list and that they hold a valid passport from that country.
Prepare the Investment and Business
The E-2 visa requires a real, active enterprise. The investor must commit funds that are substantial and at risk. Preparation usually includes registering the U.S. business, opening a business bank account, signing a commercial lease, and paying initial operating expenses. These actions demonstrate that the investment is genuine and ready to function.
Collect Documentation
Applicants must gather evidence proving both the legitimacy of the investment and their eligibility to direct the business. Typical records include:
- Proof of nationality (passport)
- Business registration and ownership documents
- Source and path of investment funds
- Bank statements and wire transfers
- Business plan showing employment and revenue projections
- Licenses or permits required for operation
All documents should be consistent and verifiable.
File the Application
There are two ways to apply:
If outside the United States
Submit the application through a U.S. embassy or consulate using Form DS-160 (Non-immigrant Visa Application) and Form DS-156E (Treaty Trader/Investor Application). Each consular post has its own instructions on how to assemble and submit the package.
If inside the United States
File Form I-129 with U.S. Citizenship and Immigration Services (USCIS), including the E-2 supplement and supporting evidence. This changes the applicant’s status to E-2 without leaving the country.
Understand Application Fees
Fees depend on where you apply.
If you apply at a U.S. embassy or consulate
- Visa application fee (MRV) for E-2: $315 per person.
- Possible visa issuance fee (reciprocity): Some nationalities pay an extra fee after approval. Look up your country.
If you apply inside the United States with USCIS (change or extension of status)
- Form I-129 filing fee: $1,015. Check the USCIS fee schedule to confirm the current amount.
- Asylum Program Fee:
- $600 for employers with more than 25 employees
- $300 for small employers with 25 or fewer employees
- $0 for qualifying nonprofit organizations
- Premium processing fee: $2,805 for most Form I-129 categories.
- Processing time: 15 business days for most Form I-129 classifications.
- This service applies to USCIS petitions. It does not apply to visa applications filed at embassies or consulates.
Always verify before filing
- Department of State fees https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html
- USCIS fee schedule https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf
Attend the Interview or Receive a Decision
Consular applicants attend an in-person interview where an officer reviews the investment details and supporting documents. The officer may request additional evidence. If approved, a visa stamp is issued in the passport. Applicants who filed with USCIS generally receive a written decision and, if approved, an updated I-94 showing E-2 classification.
Enter or Maintain E-2 Status
An E-2 visa’s validity period ranges from three months to five years, depending on the reciprocity agreement with your treaty country. This validity period determines how long you can use the visa to enter the United States. Regardless of the visa’s validity period, each entry to the United States allows a two-year period of authorized stay.
Prepare for Renewal
The E-2 visa can be renewed indefinitely as long as the business remains active and continues to meet visa requirements. Renewal applications must include updated financial records, tax filings, and proof of ongoing operations and employment.
Sources:
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- USCIS. https://www.uscis.gov/i-129
- USCIS. https://www.uscis.gov/policy-manual/volume-2-part-e
- USCIS. https://www.uscis.gov/g-1055
- USCIS. https://www.uscis.gov/forms/filing-fees/premium-processing
- U.S. Department of State. https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-employee.html
- U.S. Department of State. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
- U.S. Department of State. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html
- U.S. Department of State. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/reciprocity-by-country.html
- U.S. Department of State. https://ceac.state.gov/genniv/
- USCIS. https://www.uscis.gov/sites/default/files/document/forms/i-129instr.pdf