USA E-2 Treaty Investor Visa

The E-2 is a business visa, not a residence programme: you put your own capital at risk in a real US business, and the visa lets you live in the United States to run it. Figures on this page were checked against official US sources on 12 October 2026.

What is the E-2 treaty investor visa?

The E-2 treaty investor visa is a non-immigrant US visa for nationals of countries with a qualifying treaty with the United States. It lets you enter the US to develop and direct a business in which you have invested, or are actively investing, a substantial amount of capital. The legal basis is INA section 101(a)(15)(E)(ii), 8 CFR 214.2(e) and the State Department's 9 FAM 402.9. There is no annual cap. You can start a new business, buy an existing one or expand one you own; buying a franchise is covered on its own page, E-2 visa through a US franchise.

Is the E-2 visa a green card?

No. What the E-2 is, and is not:

• It is a temporary, renewable visa tied to an active business, with work rights for your spouse and schooling for your children.
• It is not permanent residence or a green card, and it does not turn into one by itself.
• It is not a route to a US passport. The United States has no citizenship by investment.
• It is not passive. If the business stops qualifying, the visa basis ends, and the capital can be lost.

Which countries are E-2 treaty countries?

Nationals of 79 countries can use the E-2 for a new investment, according to the treaty table in 9 FAM 402.9-10 (17 February 2026). Nationality is the gate, not residence: a German living in Dubai qualifies, an Emirati living in Germany does not. The business must also be at least 50% owned by nationals of your treaty country.

• Eligible in Europe: Germany, Austria, Switzerland, Italy, France, the Netherlands, Spain, Portugal (since 15 March 2024), Belgium, Luxembourg, Ireland, Norway, Sweden, Denmark, Finland, most of Central and Eastern Europe, Turkey and the United Kingdom (UK nationals only).
• Not eligible: Greece (E-1 treaty trader only), Cyprus, Malta, Hungary, Iceland, Liechtenstein, mainland China, India, Russia, Brazil, Vietnam, the United Arab Emirates, Saudi Arabia, Qatar and Kuwait.
• Closed to new investors: Bolivia and Ecuador, whose E-2 now covers only investments made before cut-off dates.

A second nationality from a treaty country can open the route. Grenada has had an E-2 treaty since 3 March 1989, which is why some investors consider Grenada citizenship by investment. Nationality acquired through investment carries a prior-domicile requirement under US law, so we check the timing with US counsel first.

What are the E-2 visa requirements?

The tests, from the USCIS E-2 page and 9 FAM 402.9, are:

• Treaty nationality for you and for at least 50% of the business ownership.
• Control: at least 50% ownership or operational control.
• A substantial investment, committed and at risk.
• A real, operating enterprise. Undeveloped land, passive shares or a home you live in do not count.
• Not marginal: capacity to earn more than a minimal living for your family, or to make a significant economic contribution, generally within five years (9 FAM 402.9-6(E)).
• Lawful source of funds, documented from origin to the US.

Is there an E-2 visa minimum investment?

No. The Foreign Affairs Manual says: "No set dollar figure constitutes a minimum amount of investment" (9 FAM 402.9-6(D)). Any advertised E-2 minimum is a rule of thumb, not law. The officer applies a proportionality test: the lower the total cost of the business, the higher the share your investment must cover. For an established business, the cost is "generally its purchase price, which is normally the fair market value".

"At risk" means the money is committed and could be lost if the business fails. Idle funds in a bank account, and loans secured on the business's own assets, generally do not count. The amount must make the business viable, and a credible five-year business plan carries the case. To test your budget before you sign, book a free consultation.

How much does an E-2 visa cost in 2026?

Most investors apply at a US embassy or consulate, where the cost is the visa fee plus any reciprocity fee for their nationality. USCIS fees apply only if you change status inside the US.

Sources: 22 CFR 22.1 and the USCIS fee schedule. Counsel confirms whether the Asylum Program Fee applies where your own company petitions. These are government fees only: the independent US attorney's fee and Mirabello Consultancy's advisory fee are separate, agreed in writing, and not part of the investment.

How do you apply, and how long does the E-2 take?

1. Fit: we check nationality, capital, business model and family needs against the alternatives.
2. Legal assessment by an independent licensed US immigration attorney.
3. Investment: the company is set up or bought, funds are committed and their source documented.
4. Evidence: counsel prepares the business plan and the file.
5. Filing: the DS-160 with the E-visa supplement and a consular interview, or Form I-129 if you are in the US.
6. Admission in E-2 status for up to two years per entry.

There is no single official processing time: consular timelines vary by post, and we give you the current picture for yours. The only fixed clock is premium processing on the I-129, a decision within 15 business days.

How long is the E-2 visa valid, and can it be renewed?

Each admission lasts up to two years, and extensions of up to two years have "no limit" (USCIS) while the business qualifies. The visa in your passport is different: its validity and any issuance fee are set per nationality by the State Department reciprocity schedule, so German, Austrian and Swiss investors can receive visas of different lengths. There is no fixed presence quota, but you must keep the business running and intend to leave when E-2 status ends. A rule proposed on 11 September 2026 would remove the grace period of up to 60 days after E-2 activity ends; it is a proposal only, and the current grace period still applies.

Can my spouse work on an E-2 visa, and what about children?

Yes. Spouses in E-2 status are work authorised incident to status, and since 30 January 2022 an I-94 annotated "E-2S" is accepted as proof, so your spouse can work for any employer without a separate permit card. You, the principal, may work only for the E-2 business. Unmarried children under 21 live and study in the US but may not work; at 21 they "age out" and need their own status, such as a student visa.

Can the E-2 lead to a green card or US citizenship?

Not by itself. The E-2 is not dual intent, although under 8 CFR 214.2(e)(5) an E application "may not be denied solely on the basis of" a filed or approved immigrant petition. A green card needs a separate route:

• EB-5: the only US green card based on investment, from US$800,000 in a targeted employment area or US$1,050,000 elsewhere, creating at least 10 full-time jobs, open to every nationality.
• EB-2 National Interest Waiver or EB-1A: self-petitioned green cards for advanced professionals and people of extraordinary ability, with no investment.
• L-1A then EB-1C: for owners of an operating business abroad opening a US branch.

Citizenship follows only after at least five years with a green card. The E-2 suits you if you want to run a US business now and decide on permanence later; EB-5 suits you if the green card is the goal from day one.

What changes for Europeans: the E-2 Visum for Germans, Austrians and Swiss

For DACH investors searching for the "E-2 Visum", Germany (treaty since 14 July 1956), Austria (since 27 May 1931) and Switzerland (since 8 November 1855) all qualify, as do Italy (1949), France (1960), the Netherlands (1957), Spain (1903), Turkey (E-2 since 1990) and Portugal (since 15 March 2024). Greek nationals cannot use the E-2, and Liechtenstein, Cyprus, Malta, Hungary and Iceland do not appear on the E-2 treaty table. What we settle early:

• Your consular post and visa validity. E visas are handled at designated US posts, and validity follows your nationality's reciprocity entry; we confirm both for your passport and country of residence.
• US tax. US tax residents are taxed on worldwide income. An E-2 holder becomes one under the IRS Substantial Presence Test: at least 31 days in the current year and 183 weighted days over three years. Residents also report foreign accounts, and state income tax may apply (IRS: taxation of US residents).
• Your home country. A move can have tax, social security and pension consequences at home, including for company shareholdings. Plan them with a qualified tax adviser before you commit capital. This is general information, not tax advice.

E-2 or another US route: how do they compare?

See every route side by side in our USA immigration guide, read the O-1 visa page if your track record is your strongest asset, or compare Grenada and USA EB-5. Businesses trading mainly with the US can also consider the E-1 treaty trader visa.

Ask Mira, by Mirabello

For a first answer at any hour, ask Mira, by Mirabello, the AI advisor of Mirabello Immigration Intelligence. Mira reads the same verified data as this page and can check your nationality against the treaty list. A specialist then confirms what decides your case.

How Mirabello Consultancy helps

Mirabello Consultancy advises on fit, structure and documents from a European perspective: whether the E-2 is right for you, which business and budget meet the proportionality and marginality tests, how to evidence your funds, and how the move fits your family. We coordinate the case; the legal assessment and petition are prepared and filed by an independent, licensed US immigration attorney.

We are not a law firm and do not provide legal, tax, investment or financial advice. This page is general and educational information, not advice on your circumstances. Mirabello Consultancy Ltd operates from Switzerland, with offices in Dubai and Hong Kong SAR, has no establishment in the United States and does not practise US law. Visa outcomes are decided solely by the US authorities, and no result can be promised. To start, book a free, confidential consultation.