E-2 Visa

A nonimmigrant visa option to select companies that do business in both the foreign (home) country and the United States. Its availability is dependent on the existence of a treaty between the U.S and the foreign country and not all countries have such a treaty with the U.S. If one exists, then a foreign national can be allowed to enter to invest in the U.S. business and develop and direct its operations, or legally work as an executive, manager, or essential employee.

Two women are sitting at a table having a job interview.

Unlike most other non-immigrant visas, the process to secure can (and should) be started directly at the U.S. embassy or consulate in the home country as opposed to filings with USCIS in the U.S. Each embassy/consulate location has its own protocol, but nine criteria must be satisfied in order to be successful. Some key considerations are that the investment in the U.S. must be “more than marginal” and “substantial,” the U.S. enterprise must be majority owned by citizens with the same nationality as the home country, and the individual who would benefit from the E-2 is also a citizen of the same home country.



The most difficult part is the first-time request, which, if successful, results in approved status as a treaty-investor company. Subsequent requests for other individuals then become much easier. Generally, the E-2 visa is granted in two-year increments with unlimited renewals. The E-2 visa does not specifically allow for dual intent, but there are ways to segway to an immigrant visa if a permanent stay is under consideration.