E-2 Treaty Investor Visa: How Much to Invest, Who Qualifies and How It Compares With EB-5

The E-2 visa lets a national of a treaty country live in the US to develop and direct a business they have invested in. There is no fixed minimum investment: the amount must be “substantial” compared with the cost of the business, and the business must be real and more than marginal. Each admission is for up to two years, and you can keep renewing while the business qualifies.

Key points

• You must be a national of a country with an E-2 treaty. India and China, for example, have none.
• The money must be at risk in an operating business, not sitting in a bank or put into passive investments such as undeveloped land.
• The business must earn more than a minimal living for your family, or be expected to within five years.
• You need at least 50% ownership or operational control.
• The E-2 does not lead to a green card on its own. EB-5 does, with a minimum investment of $800,000 or $1,050,000.

Requirements

According to USCIS and the State Department, you must:

1. Be a treaty national. For a company, at least 50% of the business must be owned by nationals of the treaty country.
2. Have invested, or be actively investing, a substantial amount of capital in a real, operating US enterprise.
3. Put the funds at risk. The capital must be committed and subject to loss if the business fails, and it must not come from criminal activity.
4. Run a non-marginal business. It must be able to generate more than a minimal living for you and your family, or have the capacity to do so within five years.
5. Come to develop and direct the business, shown by at least 50% ownership or operational control through a managerial position.
6. Intend to leave the US when your E-2 status ends.

Treaty country check

The State Department publishes the list of treaty countries and the date each treaty entered into force. Your citizenship decides eligibility, not where you live. If you hold dual citizenship, you may qualify through the treaty country passport.

What counts as “substantial”

There is no dollar threshold in the law. Officers use a proportionality test:

• For a cheaper business, you are generally expected to invest a higher share of the total cost.
• For an expensive business, a smaller percentage can still be substantial.
• The amount must be enough to make it likely the business will succeed.

Things that help an application:

• Money already spent on equipment, inventory, leases, renovations and payroll, with receipts.
• A clear trail showing where the funds came from (savings, sale of property, inheritance, loans secured by your own assets).
• A detailed business plan with hiring projections.

Things that usually do not count:

• Loans secured by the business assets themselves.
• Funds sitting in an account with no commitment.
• Passive investments, such as buying undeveloped land or stock.

Employees on E-2

A treaty company can also bring employees in E-2 status. They must share the company’s treaty nationality and either hold executive or supervisory roles or have skills essential to the business. Knowing a foreign language or culture alone does not qualify.

How to apply

Most people apply from outside the US:

1. Prepare the investment and a business plan.
2. Submit the E-2 application to the US embassy or consulate in your country, following its specific instructions. Many posts require a detailed package and the DS-160.
3. Attend the interview. Since September 2025, most visa applicants must interview in person, in their country of nationality or residence.
4. Pay the visa fee and any reciprocity fee that applies to your nationality. Check the current amounts on the embassy site.
5. Enter the US. CBP generally admits E-2 holders for two years each time they enter.

If you are already in the US in another lawful status, you can ask USCIS to change your status to E-2 by filing Form I-129. As of October 2026, the fee for an E petition is $1,015 paper or $965 online ($510 for small employers and nonprofits), plus the Asylum Program Fee ($600 regular, $300 small employer). Premium processing costs $2,965 for a decision in 15 business days (G-1055, edition 10/07/26). A change of status inside the US does not give you a visa stamp; you will still need one the next time you travel.

Renewals and length of stay

Item	Rule
Visa validity	Depends on reciprocity with your country; can be up to 5 years for some nationalities
Admission period	Up to 2 years per entry
Extensions	2-year increments, no limit on number
Requirement for renewal	Business still operating, still non-marginal, you still direct it

Visa validity and admission period are different things. You can be admitted for two years on a visa that expires sooner, and each reentry usually starts a new two-year period.

Family members

• Spouse: E-2 dependent status. Spouses in valid E-2 status are generally authorized to work incident to status, without filing for a separate work permit.
• Children under 21: E-2 dependent status. They can attend school but cannot work. At 21 they lose dependent status and need their own visa, often F-1.

E-2 vs EB-5

	E-2	EB-5
Type	Nonimmigrant (temporary)	Immigrant (green card)
Nationality	Treaty countries only	Any nationality
Minimum investment	None fixed; must be substantial	$1,050,000, or $800,000 in a targeted employment area or infrastructure project
Job creation	Not a formal number, but business must not be marginal	10 full-time US jobs per investor
Role	You develop and direct the business	Active or passive (regional center investments allowed)
USCIS fee	$1,015 / $965 (only if changing status in the US)	I-526 or I-526E: $3,675 after a November 2025 court stay of the 2024 fee increase
Leads to citizenship	No	Yes, after the green card

EB-5 figures are from the USCIS EB-5 page and the G-1055. In the October 2026 Visa Bulletin, the EB-5 set-aside categories were current for all countries. See our full EB-5 guide and the Trump Gold Card explainer, a separate $1 million route that is under legal challenge.

Some E-2 investors later move to EB-5 or another green card route. Because the E-2 requires intent to leave, plan that step with an attorney.

What a strong E-2 business plan includes

Consular officers read the business plan to judge whether the business is real and non-marginal. A useful plan usually covers:

• The business and its market: what you sell, to whom, and local competitors.
• Investment breakdown: what you have already spent, what is committed, and what remains.
• Hiring plan: roles and timing for US employees over the first five years.
• Financial projections: revenue, costs and profit, showing income above a minimal living for your family.
• Your role: how you will develop and direct the business day to day.

Common reasons E-2 applications fail

1. Investment not at risk. Funds are still in a personal account or the lease and purchases have not been made.
2. Unclear source of funds. The money trail has gaps or relies on undocumented cash.
3. Marginal business. Projections show income that only supports the investor, with no realistic plan to hire.
4. Investment too small in proportion to what the business needs to operate.
5. No real control. The investor owns less than 50% and has no operational control.

This is general information, not legal or financial advice. E-2 cases depend on business structure and source of funds, so work with a licensed US immigration attorney and a business adviser.

What to do next

• Confirm your country is on the State Department’s treaty list.
• Work out the total cost of your business and how much you will have invested before the interview.
• Gather documents proving where your money came from.
• Compare long-term options on the US hub and watch rule changes on our updates page.