Introduction
If you are looking for a way to move to the United States and are willing to invest in or start a business, an E-2 visa can be a great option for you. Many other immigration options require employer sponsorship or for you to be the top of your field; however, this is not required for an E-2 visa. If you are a national of a country that has an E-2 treaty with the United States, are willing to make a substantial investment and can direct and develop the enterprise, this can be a great option for you.
As a cross-border immigration lawyer based in Windsor, Ontario and serving clients in the Detroit, Michigan area, I’ve helped numerous Canadian entrepreneurs successfully navigate the E-2 visa process. Let’s discuss the benefits and what you need to prove to qualify.
Benefits of the E-2 Visa
There are several benefits of an E-2 visa. These include the following:
- It does not require employer sponsorship. For example, if you are a foreign student, are unable to find a job, are from a qualifying country and can make a substantial investment, you can potentially qualify for an E-2 visa.
- There are no renewal limits; if you meet the conditions, E-2 visas can be renewed indefinitely.
- Your spouse can obtain a dependent E-2 visa to accompany you and work for any employer.
- Your minor children (under the age of 21) can obtain a dependent E-2 visa to accompany you and attend school; however, they will not be permitted to work.
- If you already have a company in your home country and there are skilled employees that you want to work in the United States, you can potentially obtain E-2 visas for them as employees.
- It does not require extraordinary ability and for you to be the top of your field. If you make the substantial investment and can direct and develop the enterprise, you could potentially qualify.
How to Apply for an E-2 Visa: Basic Requirements
If you would like to obtain an E-2 visa, you must meet these following E-2 visa requirements:
- An E-2 treaty must exist between the United States and the foreign country;
- The applicant must have the nationality of the treaty country;
- The applicant has invested or is in the process of investing;
- The enterprise that the E-2 investor has invested in is a real and operating commercial enterprise;
- The applicant’s investment is substantial;
- The E-2 enterprise is not marginal, meaning that it is not solely for paying for the applicant’s living expenses;
- The applicant can “develop and direct” the enterprise;
- The applicant will fill a supervisory or executive position or has special qualification/essential skills to the company’s operations; and
- The applicant intends to depart the United States when E-2 status terminates.
E-2 Treaty Countries: The United States Must Have a Valid Treaty with the Investor’s Country
The most important requirement for E-2 visa eligibility is the existence of an E-2 visa treaty between your country and the United States. If you are Canadian, you are from an eligible country for an E-2 visa (the treaty became effective January 1, 1994).
If you are a national of one of the following countries, you are from an eligible country for an E-2 visa:
| Albania | January 4, 1998 |
| Argentina | December 20, 1854 |
| Armenia | March 29, 1996 |
| Australia | December 27, 1991 |
| Austria | May 27, 1931 |
| Azerbaijan | August 2, 2001 |
| Bahrain | May 30, 2001 |
| Belgium | October 3, 1963 |
| Bolivia | June 6, 2001 |
| Bosnia and Herzegovina | November 15, 1982 |
| Bulgaria | June 2, 1954 |
| Cameroon | April 6, 1989 |
| Canada | January 1, 1994 |
| Chile | January 1, 2004 |
| China (Taiwan) | November 30, 1948 |
| Colombia | June 10, 1948 |
| Congo (Brazzaville) | August 13, 1994 |
| Congo (Kinshasa) | July 28, 1989 |
| Costa Rica | May 26, 1852 |
| Croatia | November 15, 1982 |
| Czech Republic | January 1, 1993 |
| Denmark | December 10, 2008 |
| Ecuador | May 11, 1997 |
| Egypt | June 27, 1997 |
| Estonia | February 16, 1997 |
| Ethiopia | October 8, 1953 |
| Finland | December 1, 1992 |
| France | December 21, 1960 |
| Georgia | August 17, 1997 |
| Germany | July 14, 1956 |
| Grenada | March 3, 1989 |
| Honduras | July 19, 1928 |
| Ireland | November 18, 1992 |
| Israel | May 1, 2019 |
| Italy | July 26, 1949 |
| Jamaica | March 7, 1997 |
| Japan | October 30, 1953 |
| Jordan | December 17, 2001 |
| Kazakhstan | January 12, 1994 |
| Korea (South) | November 7, 1957 |
| Kosovo | November 15, 1882 |
| Kyrgyzstan | January 12, 1994 |
| Latvia | December 26, 1996 |
| Liberia | November 21, 1939 |
| Lithuania | November 22, 2001 |
| Luxembourg | March 28, 1963 |
| Macedonia | November 15, 1982 |
| Mexico | January 1, 1994 |
| Moldova | November 25, 1994 |
| Mongolia | January 1, 1997 |
| Montenegro | November 15, 1882 |
| Morocco | May 29, 1991 |
| Netherlands | December 5, 1957 |
| New Zealand | June 10, 2019 |
| Norway | January 18, 1928 |
| Oman | June 11, 1960 |
| Pakistan | February 12, 1961 |
| Panama | May 30, 1991 |
| Paraguay | March 7, 1860 |
| Philippines | September 6, 1955 |
| Poland | August 6, 1994 |
| Portugal | March 15, 2024 |
| Romania | January 15, 1994 |
| Senegal | October 25, 1990 |
| Serbia | November 15, 1882 |
| Singapore | January 1, 2004 |
| Slovak Republic | January 1, 1993 |
| Slovenia | November 15, 1882 |
| Spain | April 14, 1903 |
| Sri Lanka | May 1, 1993 |
| Suriname | February 10, 1963 |
| Sweden | February 20, 1992 |
| Switzerland | November 8, 1955 |
| Thailand | June 8, 1968 |
| Togo | February 5, 1967 |
| Trinidad & Tobago | December 26, 1996 |
| Tunisia | February 7, 1993 |
| Turkey | May 18, 1990 |
| Ukraine | November 16, 1996 |
| United Kingdom | July 3, 1815 |
| Yugoslavia | November 15, 1882 |
Please keep in mind that for some of the countries above, there are specific footnotes that extend E-2 visa eligibility or restrict it. Please look at the specific notes at the U.S. Department of State’s website to make sure that there are not certain restrictions that will prevent you from E-2 visa eligibility. Also, visit the State Department’s website to see if you are eligible for an E-2 visa by being from a territory that is controlled by one of the above E-2 countries.
Nationality Requirement for the E-2 Visa: Applicants Must Be Citizens of a Treaty Country
Applicants and the E-2 business must have the nationality of the treaty country. Permanent residency or temporary nonimmigrant status is not sufficient; you must be a citizen.
The Investor Must Have Already Invested or Be Actively Investing
To qualify as an investment for E-2 status, the funds must be at risk. This means that there should be a risk of loss if your business fails. Also, the investment must be irrevocable, meaning the funds are committed and you cannot easily get your investment back. To be in the process of investing, the E-2 applicant must be close to operating the business.
E-2 Investors Must Invest in a Real and Operating Commercial Enterprise
The E-2 enterprise must produce a service or product and must be a real and active venture. Your enterprise cannot merely exist on paper; it must be a for-profit company that actively engages in business.
What is a “Substantial Investment” Under E-2 Visa Rules?
According to Dictionary.com, “substantial” means “of ample or considerable amount, quantity, size, etc.” Under the E-2 visa regulations, no specific amount is stated to constitute a “substantial” investment. However, here are some of the things they look for:
- An amount of money that ensures, to a reasonable extent, that the business invested in will be successful.
- An amount of money that shows you are committed to the business.
- The proportionate amount of funds invested.
Regarding the proportionate amount of funds invested, an important test that is used is the proportionality test. This test looks at the cost of the business compared to the amount invested. Specifically, the more the business is worth, the lower percentage of the business’ worth needs to be invested to establish that the investment is substantial. For example, a $100,000 investment in a business worth $400,000 may be considered a substantial investment while a $10,000 investment in a business worth $40,000 may not be considered a substantial investment even though the same percentage of funds is being invested. This means that the more the E-2 enterprise is worth, the lower the percentage you can invest to establish that you have invested a substantial amount.
The E-2 Business Cannot Be Marginal
The E-2 enterprise cannot generate just enough income to pay your and your family’s living expenses. It will need to be established that the enterprise you establish has the present or future capacity to make a significant economic contribution.
Develop and Direct Requirement: The Investor Must Control and Lead the E-2 Enterprise
This requirement focuses on ownership. Nationals of the treaty country must own at least 50% of the E-2 enterprise. Once the ownership of the enterprise is established, it must be demonstrated that the treaty nationals control and lead the enterprise. You may not satisfy this requirement if the treaty enterprise is managed and controlled by individuals who are not nationals of the treaty country.
The Applicant Must Have a Supervisory or Executive Position or Essential Skills to the Company’s Operations
If you are an E-2 treaty investor and will have employees, you can establish that you will have a supervisory role in the company. If you have broad discretion over the control of the company and only take instructions from the company’s board of directors, then you can establish that you occupy an executive role with the company. If you are the sole employee of your business, then you can establish that your skills are essential to the success of the E-2 enterprise.
Intent to Depart Requirement: E-2 Visa Holders Must Plan to Leave the U.S. When Status Ends
An E-2 visa is not an immigrant visa. This means that you cannot have the intent to permanently reside in the United States. You must have the intent to return to your home country at the end of your authorized period of stay.
Documents Required for E-2 Visa Petition
The documents you submit for an E-2 visa petition will need to establish that you meet the qualifications. First, the E-2 visa applicant will need to establish their nationality. This can be done with a photocopy of passport biographical page. To establish E-2 business ownership, you should present business registration documents and shares/stock certificates; this will establish where the business is registered and who the owners are. Evidence will need to show that at least 51% of the owners are nationals of the treaty country.
To establish E-2 investment, documents to show the purchase price (for existing enterprises) or estimated start-up costs (of new enterprises) are essential. You should also present documents showing the source of investment. To show that the E-2 business is a real and operating commercial enterprise, you can present occupational licenses, invoices, business transaction records and other evidence that show that the enterprise is actively conducting business. To show that the E-2 applicant works as an executive or manager or has essential skills, you can prepare a support letter stating the applicant’s job title and duties. You may also present a copy of the curriculum vitae and applicable diplomas or training certificates. Lastly, to establish nonimmigrant intent, a statement from the applicant will usually suffice.
How to Apply for an E-2 Visa: Filing Form I-129 vs. Applying at a U.S. Consulate
You can obtain E-2 status in two different ways, depending on whether you are inside or outside the United States.
If you are in the United States and have a valid non-immigrant status that makes you eligible for an E-2 status, you may file a Form I-129, Petition for a Nonimmigrant Worker with U.S. Citizenship and Immigration Services (USCIS) and, if your petition is approved, USCIS can convert your status to E-2.
If you are outside the United States, you would need to apply with the U.S. Embassy or Consulate in the country where you are a national or reside. For Canadian applicants, this typically means applying at a U.S. Consulate in Canada such as Toronto, Montreal, Vancouver, Calgary, or Ottawa. Each consulate has their own rules and procedures for obtaining an E-2 visa so you would need to visit their website and confirm the proper steps.
Final Steps in the E-2 Visa Process
The final hurdle for obtaining E-2 visa status depends on whether you filed with USCIS or the consulate or embassy abroad. If USCIS has questions about your petition, they will issue a Request for Evidence where they will state the problems with your petition that may prevent approval and you will have a deadline to respond with the requested documents or information. If the documents and information do not establish that you qualify for the benefit or your filing is late, your petition may be denied.
At a consulate or embassy abroad, the final step for obtaining an E-2 visa is interviewing with a consular officer. The officer will ask questions about you and your petition to establish eligibility. If your answers are incomplete, inconsistent or do not establish eligibility, you may be denied.
What Happens After Your E-2 Visa is Approved?
Once you have been approved for an E-2 visa at a U.S. Consulate, the consular officer will take your passport to insert the visa. It may take around two to three weeks to receive your passport with your visa. You should also get a certificate stating that your company has been registered as an E-2 visa company. This certificate will make it easier if you plan to bring employees from your home country to the United States in E-2 status. Once you have your passport with your visa, you are free to enter the United States in E-2 status.
If you are in the United States, you will receive an I-797A approval notice from USCIS which will indicate that you now have E-2 status. However, this is not a visa and if you leave the United States, you will not be able to return to the United States in E-2 status until you go to the consulate in your home country and get a visa. Therefore, you may want to visit the consulate in your country and get an E-2 visa as soon as possible.
Frequently Asked Questions About E-2 Visas
How long can I stay in the United States with an E-2 visa?
First, we need to distinguish between your I-94 and visa. Your I-94 is a document that you receive that determines how long you can stay in the United States. Your visa is a document that allows entry into the United States. Your I-94 may expire and you would have to leave the United States. However, if your E-2 visa is still valid, you would be able to immediately return. Typically, your initial I-94 period of stay will be two years. In my experience, your E-2 visa will be valid for five years. Please keep in mind that visa and I-94 validity will depend on the discretion of the consular and CBP officer.
Is there any limit on how many times I can renew my E-2 visa?
So long as you maintain the E-2 visa requirements, there is no limit on how many times you can renew your visa.
Can I bring workers from my home country to the United States on an E-2 visa?
Yes. If an employee shares the nationality of the treaty investor and will work in a supervisory or executive position or has special qualification/essential skills to the company’s operations, they can qualify for E-2 visas as an employee.
Can I bring my family members with me to the United States if my E-2 visa is approved?
Yes. You may bring your spouse and children under the age of 21 and they will be permitted to stay in the United States for the same length of time as the principal applicant. Your spouse and children can join you even if they do not have your same nationality.
For your children over the age of 21 and other family members, they may be able to qualify for an E-2 as your employee so long as they share your nationality, are your employee and engage in supervisory or executive duties or, if employed in a lesser position, have special qualifications and skills that are essential to your company’s operations.
Do I have to be born in an E-2 country or is having the nationality of an E-2 country sufficient?
There is no requirement that an E-2 visa applicant be born in the E-2 treaty country to qualify. If you can acquire the nationality of an E-2 treaty country, this can make you eligible for an E-2 visa.
Does an E-2 visa directly lead to U.S. permanent residence?
No. An E-2 visa does not directly lead to U.S. permanent residence. However, depending on your circumstances, you may be able to use your business to pursue options that do lead to permanent residence, such as EB-2 NIW, EB-5, EB-2 or EB-3 or L-1A visas or family sponsorship.
If an E-2 visa is not an immigrant visa, do I need to maintain my residence abroad?
Given that your E-2 status can be renewed indefinitely so long as you meet the qualifications, you do not need to maintain your residence abroad. A confirmation that you intend to return to your home country at the end of your authorized period of stay is sufficient. Maintaining ties to your home country, such as a foreign residence, is generally not necessary.
Do I need to inform USCIS of changes regarding my E-2 status?
There are certain circumstances when the E-2 visa holder must inform the government of changes. If the treaty investor or holder wants to work in a different activity than the one they were approved for, they will have to file an amended petition. Also, if there are any substantive changes in the terms or conditions of E-2 status, USCIS must approve it. Broadly speaking, if it is a change that would affect the E-2 visa holder’s eligibility for E-2 status, it would need to be approved by USCIS. If an E-2 employee no longer works for the company, USCIS should be informed of this change. An E-2 treaty investor can also request advice about whether a change is substantial. To request advice or to inform USCIS of substantive changes, a Form I-129 petition would need to be filed.
If I do not qualify for an E-2 visa because I have not made a substantial investment but I have a lot of clients and customers in the United States, could I qualify for another visa?
If you have a lot of clients or customers in the United States, you may qualify for an E-1 visa. This visa is available to companies and individuals who have a consistent flow of trade of goods or services to the United States. Further, at least 51% of the foreign company’s trade should be with the United States. Many of the same countries that have E-2 treaties also have E-1 treaties. Therefore, if you are unable to make a substantial investment, make sure to look into if you qualify for an E-1 visa before delaying your plans to relocate to the United States.
Contact a Windsor-Detroit Cross-Border Immigration Lawyer for E-2 Visa Assistance
An E-2 visa is an excellent option if you want to expand your business into the United States, establish a new business to gain access to the U.S. market or if you need a post-graduation option to stay in the United States. For Canadian entrepreneurs considering cross-border business immigration, the E-2 visa offers a proven pathway.
Please note that thics is a general overview of the E-2 visa process. There are certain nuances you need to be aware of and it is important to work with experienced counsel. As a Canada-US cross-border immigration lawyer, I have assisted E-2 investors obtain this visa and build successful businesses in the Windsor, Ontario and Detroit, Michigan areas. Please reach out if you need assistance.
Last Updated on February 15, 2026 by Ernest J. Edwards
