01What is the E-2 visa?
A nonimmigrant visa for nationals of countries that have a treaty of commerce with the United States. It allows them to stay in the US to develop and direct a business in which they have invested a substantial amount of capital. It is not a green card.
02Who can apply?
An investor who is a national of a treaty country, or certain essential employees of their business with the same nationality. The business must be at least 50% owned by nationals of that country.
03Which nationalities are eligible?
Treaty countries appear on the official State Department list, including France, Belgium, Luxembourg, Switzerland, Canada, Italy, Germany, Morocco and Senegal. What matters is your nationality, not where you live. The list can change: it is checked for every case.
04What is a qualifying investment?
Funds genuinely committed to the business and at risk in the commercial sense: they can be partly or fully lost if the business fails. The business must be a real, active commercial enterprise, not a passive investment such as a stock portfolio or property held without business activity.
05What is a substantial investment?
There is no minimum amount set by law. The investment must be substantial in relation to the total cost of the business, sufficient to support its successful operation, and the business must not be marginal: it must be able to generate more than a minimal living for the investor and their family.
06What does it mean to develop and direct the business?
The investor must control the business, by owning at least 50% of it or having operational control, for example as its manager. They come to the US to run it, not to take up other employment.
07What are the obligations of an E-2 investor?
Keep the business active and the investment in place, respect the conditions of their status, keep the company in good standing (bookkeeping, tax returns, state obligations) and intend to leave the US when their status ends.
08Can the investor's spouse and children come too?
Yes. The spouse and unmarried children under 21 can accompany the investor, whatever their nationality. A spouse in E-2 status is generally authorized to work in the US.