To qualify for an E-2 visa, applicants must meet specific requirements related to nationality, investment, business operations, and intent to depart the U.S. once the visa expires.
Key Qualifications for an E-2 Visa:
1. Nationality Requirement
The applicant must be a national of a country that maintains an E-2 treaty with the U.S. This means that only individuals from specific treaty countries are eligible for the visa. The country of citizenship of the investor or company owner must be on the U.S. Department of State’s list of eligible countries.
2. Substantial Investment
The applicant must demonstrate that they have made or are in the process of making a substantial investment in a bona fide U.S. business. The term “substantial” is not strictly defined in terms of a set amount but is considered substantial if:
- The amount invested is significant in proportion to the total cost of the business.
- It is sufficient to ensure the successful operation of the business.
- The investment is enough to demonstrate the investor’s commitment to the success of the enterprise.
The investment must be at-risk, meaning it must be subject to partial or total loss, showing the investor’s commitment to the business.
3. Ownership or Control
The investor must own at least 50% of the U.S. business or have operational control through a managerial position or another qualifying role. For employees seeking an E-2 visa, they must hold an executive, supervisory, or essential skill position.
4. Bona Fide Enterprise
The U.S. business must be a real, active, and operating commercial enterprise. It cannot be a marginal business, which means it must have the capacity to generate more than just enough income to provide a living for the investor and their family. The business must contribute to the U.S. economy, with the potential for job creation or significant economic impact.
5. Investment Must be “At Risk”
The investment must be at risk in the commercial sense, meaning that the funds must be committed to the business and cannot be idle. Loans secured against the assets of the business or other types of passive investments do not qualify. The investment must be irrevocably committed and not speculative.
6. Intent to Depart the U.S.
While the E-2 visa is a non-immigrant visa, applicants must demonstrate an intent to leave the U.S. upon the expiration of their visa. However, unlike some other visa categories, the E-2 visa allows for an indefinite stay, provided the business remains operational and the visa is renewed.
7. Job Creation
Though not strictly required, it is beneficial if the business will create job opportunities for U.S. workers. This shows the positive economic impact the business will have on the U.S. economy, which strengthens the application.
Employees of E-2 Visa Holders:
Employees of E-2 investors may also qualify for an E-2 visa if they are from the same treaty country and are coming to the U.S. to work in an executive or supervisory position or possess specialized skills essential to the company.
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