The E-2 Treaty Investor Nonimmigrant Visa Classification is available for nationals of countries that have a treaty of friendship, commerce, navigation, or bilateral investment or a Free Trade Agreement with the U.S. The E-2 classification allows foreign investors to live in the U.S. to develop and direct the operations of their E-2 Investment Enterprise. E-2 nonimmigrant status can be obtained by presenting a valid E-2 Visa at any U.S. Port of Entry or by filing a petition with USCIS.

Overview

E-2 eligibility depends on treaty nationality, a real operating business, a qualifying at-risk investment, and a business role focused on developing and directing the enterprise.

Key Requirements for E-2 Visa Applicants

Business Structure

E-2 investors may qualify through the purchase of an existing business or the creation of a new U.S. enterprise. Passive real estate investment by itself does not qualify.

Investment Amount

There is no fixed minimum dollar amount, but the investment must be substantial in relation to the specific business being purchased or created.

Marginality Concerns

The enterprise must be more than marginal. It should have the capacity to support operations and create practical economic activity in the United States.

Treaty-National Employees

Qualifying employees of the same treaty country may also obtain E classification when they serve in executive, supervisory, or essential roles.

Small Businesses Qualify: E-2 investments in small businesses qualify, including but not limited to:

Automotive repair shops
Beauty salons
Cafés and restaurants
Florists
Lawn care and pool care services
Souvenir stores

Family and Validity

Spouses and children under 21 may obtain dependent status. Spouses may seek work authorization, and E-2 status can often be renewed repeatedly as long as the treaty remains in force and the business continues to qualify.

Important Limitation

An E-2 visa does not by itself lead to permanent residence, though some investors later explore other pathways such as EB-5.

Next Steps for Potential E-2 Visa Applicants

If you are interested in applying for an E-2 Visa or Status, please schedule a Consultation with Serianni Law to discuss the legal requirements and filing procedures. Also, Contact Us for free initial information and pricing.

LIST OF E-2 TREATY COUNTRIES

Countries that currently have E-2 Treaties with the United States include the following (list reviewed April 2026 — see the U.S. Department of State Treaty Countries page for the canonical list):

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea (South), Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, North Macedonia, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, and the United Kingdom.

E-2 Investor Visa