U.S. Treaty Investor Visa
At a glance
If you are a citizen of an E-2 treaty country, this route may let you live temporarily in the United States to run a business you have invested in. The business must be real and operating, and your money must be committed to it and at risk of loss.
- Requirements
- Treaty nationality, substantial investment at risk, and control of a real business
- Important detail
- Some applicants with citizenship acquired through investment also need three years of residence in that country
Summary
The E-2 treaty investor route can fit founders, buyers of U.S. businesses, and some investor-operators from treaty countries. It is not a green card by itself, but it can be a practical way to live in the United States while developing and directing the investment enterprise.
There is no single minimum investment for every business. The amount must be substantial compared with the cost of the business and enough to support its operation.
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Confirm treaty eligibility Check the investor's citizenship and the business's ownership against the treaty rules.
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Show that the money is committed and at risk Document its legal source and investment in a real, operating business.
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Show how you will run the business Prove your control and that the business can provide more than a minimal living for you and your family.
There is no single minimum investment. Passive holdings or commitments you can withdraw are not enough. Some people who obtained citizenship through investment need prior residence in that country. Visa validity and permitted U.S. stay are separate.
Eligibility
The principal investor generally must show:
- Nationality of a country currently entitled to E-2 treatment;
- A U.S. enterprise at least 50% owned by nationals of that treaty country;
- A substantial investment firmly committed to a real, active business, rather than money you can freely withdraw;
- Proof that the money came from legal sources and records showing how it reached the business;
- Capital genuinely at risk of partial or total loss;
- Control of the enterprise, usually through at least 50% ownership or operational control; and
- A business that is not marginal, meaning it has present or future capacity to contribute more than a minimal living for the investor and family.
Certain employees can qualify if they share the enterprise's treaty nationality and will perform executive, supervisory, or essential duties.
If you obtained the treaty nationality through a financial investment and have never held E status, you must also have made that treaty country your home for at least three continuous years before applying for the visa.
What This Route Allows
The investor may work for and direct the approved enterprise. USCIS may grant E-2 stays and extensions in increments of up to two years; the visa's validity and number of permitted entries depend on the rules for your nationality and border decisions. Extensions have no fixed numerical limit while you continue to qualify and intend to leave when E-2 status ends.
Spouses and unmarried children under 21 may receive E dependent status. A properly admitted E spouse can generally work because of that immigration status; children do not receive permission to work through this status.
What This Route Is Not
E-2 is not a green card or a passive-investment program. Money sitting in a bank account, an undeveloped idea, or a commitment you can withdraw is generally insufficient. Approval is not a government assurance that the investment is financially sound.
Some treaty entries have nationality or territorial footnotes. Always read the current State Department treaty list, rather than relying on an informal country list. Applicants abroad must also check current nationality-based visa restrictions.
Next Steps
- Confirm treaty nationality for the investor and enterprise ownership.
- Show where the investment money legally came from and document each transfer.
- Prepare formation, lease, license, purchase, payroll, contract, and operating evidence.
- Build a credible business plan showing startup costs, hiring, revenue, and why the investment is substantial for this enterprise.
- Get separate advice on whether you qualify for immigration and whether the investment makes financial sense, including its legal, tax, and business risks.
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