US E2 Visa: The 8 Key Concepts You Need to Know Before Applying

1. Nationality

The E-2 treaty investor—whether an individual or a company—must hold the nationality of a country that maintains a commerce and navigation treaty with the United States.
At least 50% of the business must be owned by nationals of that same treaty country. This ensures that the investment remains under the control of an eligible investor.

2. Investment

To qualify for the U.S. E-2 visa, the applicant must have invested—or be actively investing—a substantial amount of capital in a U.S. enterprise.
Funds can come from personal savings, business profits, asset sales, or secured loans, as long as they are lawfully obtained and properly documented.
Although there is no official minimum, typical investments range between $50,000 and $250,000 USD, depending on the type and scale of the business.
The investment must be directed toward legitimate business expenses such as leases, licenses, equipment, staffing, or working capital.

3. Risk

The capital invested must be “at risk” for the purpose of generating profit or loss.
Passive investments or uncommitted funds are not accepted. The investor must demonstrate that the money is genuinely committed to the business and exposed to potential loss, showing real commercial risk—a defining factor of the E-2 treaty investor visa.

4. Commitment

To qualify as “in the process of investing,” applicants must show clear evidence of commitment—such as executed contracts, asset purchases, or binding financial obligations.
Simply intending to invest is not enough; tangible proof is required to demonstrate that the investor is genuinely engaged in the project.

5. Real and Active Enterprise

The business must be real and operational, not just a paper entity or future plan.
It must produce goods or services and contribute to the U.S. economy.
Evidence includes commercial licenses, invoices, contracts, employees, business accounts, and a solid business plan with realistic projections.

6. Substantiality

The investment must be substantial in relation to the total cost of establishing or purchasing the business.
There is no fixed legal threshold, but the amount must ensure the enterprise’s successful operation.
Smaller businesses typically require a higher percentage of investment capital compared to larger ventures.

7. Marginality

The enterprise must not be marginal—it should generate more than enough income to provide for the investor and their family.
Ideally, it should create jobs or demonstrate potential for sustainable growth.
A marginal business that only supports the investor’s basic needs will not qualify for the US E-2 visa.

8. Investor or Employee

The E-2 visa application can be made by the main investor or by employees who share the same nationality and perform executive, supervisory, or essential roles.
Spouses and dependents under 21 may accompany the principal applicant.
Spouses are eligible to apply for work authorization (EAD), and children can study in the U.S. during the visa validity period.