Treaty investor visa
Live in the US and run the business you invest in
If you are a citizen of a treaty country, you can put your own money into a real US business and come to run it. There is no fixed minimum amount. You can renew with no limit while the business qualifies.
- Who can apply
- Treaty country nationals
- Minimum investment
- No fixed amount
- Stay per admission
- Up to 2 years
- Legal fee from
- $7,500
What you get
Your own business, and no employer to sponsor you
The E-2 is built around your investment, not a job offer. You come to develop and direct a business you own or control. You can be admitted for up to two years at a time, and you can extend in two-year steps with no limit on the number of extensions.
Your spouse and unmarried children under 21 can come with you. Your spouse is allowed to work because of E-2 status, without a separate work permit application.
The E-2 is a temporary visa. You must plan to leave when your status ends. It does not lead to a green card on its own. If a green card is your goal, EB-5 or another route may fit.
A partner-firm attorney confirms your eligibility before anything is filed. No one can promise approval.
The rules
What has to be true
These come from USCIS, 8 CFR 214.2(e) and the State Department’s Foreign Affairs Manual. Every item must be met.
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You are a national of a treaty country
The US must have an E-2 treaty with your country. Your citizenship counts, not where you live. If you hold two citizenships, you choose one for the business. If you got that citizenship by investing money, and you have never held E status, you must have lived in that country for at least 3 years in a row at some point before you apply. India, China and Brazil are not on the E-2 list today.
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Treaty nationals own at least half the business
People with your treaty nationality must own at least 50% of the US business.
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Your money is really invested and at risk
The funds must be yours, under your control, from a lawful source, and committed to the business so they could be lost if it fails. Money sitting in your own bank account does not count. A loan secured by the business’s own assets does not count, but a loan secured by your personal assets can.
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The investment is substantial
There is no fixed dollar minimum. USCIS and the State Department compare your investment to the total cost of buying or starting the business. The cheaper the business, the higher the share you usually need to put in.
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The business is real and not marginal
It must be an active business that sells goods or services for profit. It must be able to earn more than a basic living for you and your family, now or generally within five years of opening, or make a significant contribution to the economy.
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You come to develop and direct it
You own at least 50%, or you control how it runs through a management role.
Two ways to apply
Consulate abroad or change of status in the US
Where you are when you apply decides the route.
| Visa at a US consulate | Change of status with USCIS | |
|---|---|---|
| Who uses it | People outside the US | People already in the US in lawful status |
| What you file | A visa application with the State Department | Form I-129 with USCIS |
| What you get | An E-2 visa in your passport, then up to 2 years per entry | E-2 status, but no visa in your passport |
| Travel | You can travel and come back on a valid visa | If you leave the US, you apply for an E-2 visa at a consulate before you return |
| Premium processing | Not a USCIS filing | Available: $2,965, USCIS acts within 15 business days |
How long a visa is valid depends on your nationality. The State Department sets this by country.
The process
How an E-2 case usually goes
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Attorney review
A partner-firm attorney checks your nationality, the business, and where your money came from.
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Invest and set up the business
You put the money at risk in the business. This often means buying it, signing a lease, buying equipment or hiring.
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Build the case
Your attorney prepares proof of ownership, the investment, the source of funds, and a business plan that shows it is not marginal.
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Apply
VariesApply at a US consulate, or file Form I-129 with USCIS if you are already in the US in lawful status. Processing times vary by consulate and at USCIS.
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Renew while the business qualifies
Extend in steps of up to two years. If the business changes in a big way, a new filing may be needed.
What it costs
Government fees and our legal fee
USCIS fees as of September 2026. They apply if you file in the US.
| Fee | Amount | Notes |
|---|---|---|
| Form I-129 for E-2 (change of status or extension) | $1,015 on paper, $965 online | Small employers and nonprofits pay $510. |
| Asylum Program Fee | $600 | Small employers pay $300. Nonprofits pay $0. |
| Premium processing (optional) | $2,965 | USCIS acts within 15 business days. |
| Visa application at a consulate | Set by the State Department | Check the current fee before you apply. |
| Our legal fee | From $7,500 | Standard $7,500. Higher tier $9,975. Flat fee, set before you sign. |
Government fees from USCIS Form G-1055, edition 09/09/26. Your investment itself is separate from all fees. Also paid separately: translations, document gathering and any expert letters.
How we help
What your legal fee includes
Green Card Guide is not a law firm. Licensed attorneys at an independent partner firm do all legal work, under a separate agreement. Frank, our extraordinary ability partner, does not cover E-2.
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A senior attorney leads your case
With a written legal strategy memo for your situation.
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A second attorney reviews it
Every petition gets a second review before it goes out.
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Preparation and filing
Including the business and investment evidence.
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RFE response if one comes
On cases the partner firm filed, at no extra legal fee.
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Visa stamping support
Support when you apply for your visa at a US consulate.
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Unlimited communication
With your case team, plus a case portal.
FAQ
Questions people ask us
There is no fixed minimum. The investment must be substantial compared with the total cost of the business, and big enough to show you are committed to making it work. A lower-cost business usually needs a higher share of its cost from you.
Not as an E-2 investor from that country. Your citizenship is what counts. If you also hold citizenship of a treaty country, you may be able to use that one. If you got it through an investment program, you must have lived in that country for at least 3 years in a row before you apply. Other routes, like EB-5 or O-1, may fit instead.
A loan secured by your own personal assets, like a mortgage on your home, can count. A loan secured by the business’s own assets does not. Your attorney also documents where the money came from.
Yes. A spouse in valid E-2 status is allowed to work because of that status.
Not by itself. You must plan to leave when your status ends. Some E-2 investors later qualify for a green card through another route, such as EB-5 or EB-1A.
Your E-2 is tied to developing and directing that business. Big changes in ownership or the business often need a new filing with USCIS. Talk to your attorney before you make them.
Sources · checked September 2026
- USCIS: E-2 Treaty Investors (updated 08/20/2026)
- State Department Foreign Affairs Manual: 9 FAM 402.9 (E visas, treaty list at 402.9-10)
- eCFR: 8 CFR 214.2(e) (treaty investor definition, period of admission)
- USCIS Form G-1055, Fee Schedule, edition 09/09/26 (PDF)
- USCIS: How Do I Request Premium Processing? (updated 03/23/2026)
- USCIS: Case Processing Times
- 8 U.S.C. 1101(a)(15)(E) (treaty trader and investor definition, 3-year domicile rule)
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
