E-2 Visa for Treaty Investors Explained

The E-2 visa lets a national of a treaty country invest in and direct a U.S. business. Requirements for substantial investment, a bona fide enterprise, and stay and family rules.

Page reviewed October 17, 2026.

What it is

The E-2 allows a national of a treaty country to be admitted to develop and direct a U.S. business in which they have invested, or are actively investing, a substantial amount of capital.

The business must be real, active and operating, and not marginal. The initial stay is up to two years, with unlimited two-year extensions, and the holder must intend to leave when the status ends. Spouses can work.

Requirement
Substantial investmentIn a real, operating U.S. business.
Initial stay
2 yearsExtensions in 2-year increments, with no limit.
Nationality
Treaty countryA qualifying treaty with the United States.
Family
Same statusSpouses in E status can work.

The requirements

  1. Nationality of a treaty country.
  2. A substantial investment of capital in a bona fide U.S. enterprise, made or actively in progress.
  3. Entry solely to develop and direct the enterprise.
  4. An enterprise that is not marginal.
  5. An intention to depart when the E-2 status ends.

Substantial investment

The amount is tested in proportion to the total cost of buying an established business or starting a new one. It must be enough to ensure the investor's financial commitment to the business and to support the likelihood that the investor will develop and direct it. The lower the cost of the enterprise, the higher in proportion the investment must be. The regulation sets no fixed dollar minimum.

Bona fide and non-marginal

A bona fide enterprise is a real, active, operating commercial undertaking that produces goods or services for profit and meets the legal requirements for doing business. A marginal enterprise is one that cannot generate more than a minimal living for the investor and their family. A new business can still qualify if it should be able to generate more than that within five years of the start of E-2 classification.

Employees of an E-2 investor

Employees with the same nationality as the principal investor can qualify if they work in an executive or supervisory capacity, or have special qualifications that make their services essential to the efficient operation of the enterprise.

Stay and family

  • Initial stay of up to two years, with extensions of up to two years each and no limit on how many.
  • A traveler who is found admissible can generally be readmitted for an automatic two-year period.
  • Spouses and children can receive E-2 classification. Spouses are employment authorized incident to status.

Pricing

E-1 and E-2 pricing

$10,000

flat fee, any visa

What the fee includes

  • Eligibility strategy mapped to the requirements of your visa
  • Support, expert and reference letters drafted and coordinated for you
  • The full legal brief and every exhibit, prepared and filed
  • RFE responses included at no additional cost
  • Real-time updates in English, French, Spanish, or Portuguese
  • One team from first call to approval. No handoffs.
  • If USCIS denies a petition Lando filed, Lando refunds its fee. Terms apply.

USCIS government filing fees are separate and paid directly to USCIS.

Get a free evaluationSee the USCIS fees

Why Lando

How Lando compares

A plain comparison with the way immigration petitions are commonly handled. Terms vary by firm, so check any provider's terms before you hire.

  • Price

    Lando$10,000 flat fee per visa, published on the visa pages.

    Commonly elsewhereOften billed hourly or by stage, so the total can change as the case grows.

  • Request for Evidence

    LandoResponses are included at no extra cost.

    Commonly elsewhereSometimes charged separately. Ask before you hire.

  • If USCIS denies

    LandoLando refunds its fee for a petition it filed. Terms apply.

    Commonly elsewhereNot always offered. Ask what is refunded.

  • Retainer

    LandoNo retainer to begin, and no surprise invoices later.

    Commonly elsewhereA retainer paid up front is common.

  • Who does the work

    LandoOne team from first call to decision. Petitions are prepared in coordination with licensed U.S. immigration attorneys.

    Commonly elsewhereVaries. Ask who will work on your file.

  • Languages

    LandoCase updates in English, French, Spanish or Portuguese.

    Commonly elsewhereVaries by firm.

  • Legal advice

    LandoLando is not a law firm and does not provide legal advice.

    Commonly elsewhereA law firm can give you legal advice and represent you directly.

General comparison, not a statement about any named firm. USCIS fees are separate and are paid directly to USCIS. No one can promise a USCIS decision.

How it works

From first call to filed petition

  1. 1. Evaluation

    You get an honest answer.

    We review your situation on a 15-minute call and tell you honestly whether the visa fits and what would make the case stronger. No retainer. No commitment.

  2. 2. Strategy

    You know exactly what your case looks like.

    We map which company documents and evidence prove each requirement, and what is still missing. You see the full picture before we file anything.

  3. 3. Preparation

    Your petition is built without you lifting a finger.

    Our team drafts the support letters and the legal brief, curates every exhibit, and reviews the full petition before it leaves our hands. You approve. We file.

  4. 4. Filing

    Filed. You get on with your life.

    Your petition is filed at USCIS and we manage every communication from there. We handle any RFE at no extra charge.

Common questions

What is the E-2 visa?

A nonimmigrant classification for nationals of treaty countries who invest a substantial amount of capital in a bona fide U.S. enterprise they will develop and direct.

How much do I have to invest for an E-2?

There is no fixed dollar minimum in the regulation. The investment is tested in proportion to the total cost of the business, and it must be substantial enough to ensure the commitment and support the likelihood of success.

What is a marginal enterprise?

One that does not have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family. A new business can qualify if it can reach that capacity within five years.

Can an E-2 investor's spouse work?

Yes. Spouses in E-2 status are employment authorized incident to status.

Does the E-2 lead to a green card?

The E-2 is a nonimmigrant status and requires an intention to depart when it ends. A filed or approved immigrant petition alone is not a reason to deny an E application, but the E-2 itself does not give a path to permanent residence.

Is Lando a law firm?

No. Lando is not a law firm and does not provide legal advice. Petitions are prepared in coordination with licensed U.S. immigration attorneys. For advice about your own situation, speak to a licensed immigration attorney.

Sources

Lando is not a law firm and does not provide legal advice. Petitions are prepared in coordination with licensed U.S. immigration attorneys.