USA E2 Visa
Invest in and run your own US business with the E-2 Treaty Investor visa. Migrate Way guides entrepreneurs from treaty countries through the investment, the business plan and the consular interview, from your first assessment to your visa.
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For Treaty-Country Entrepreneurs Who Want to Build in America
The E-2 is a nonimmigrant visa for nationals of countries that have a treaty of commerce and navigation with the United States. It lets you live in the US while you develop and direct a business in which you have invested a substantial amount of capital.
It does not lead directly to a green card, but it can be renewed for as long as you keep running a qualifying business, which makes it popular with founders who want long-term US access.
Why Choose the E-2 Visa?
Flexibility, family rights and the freedom to build your own company.
No Fixed Minimum Investment
The law sets no specific dollar amount. The investment must be substantial in relation to the cost of the business you are buying or starting.
Work Rights for Your Spouse
Spouses of E-2 holders are generally authorised to work in the United States without applying for a separate work permit.
Renewable Status
Your status can be renewed for as long as your business continues to meet the requirements, with no overall time limit.
Education for Your Children
Unmarried children under 21 can accompany you and attend school in the United States.
Many Business Types
You can start a new business, buy an existing one or purchase a franchise, as long as it is a real operating enterprise.
The US Market
Gain access to the world’s largest consumer economy, with strong support infrastructure for founders.
Do You Qualify? Key Requirements
The E-2 is judged on several tests at once, so the structure of your investment matters from the start.
Treaty-Country Nationality
You must hold the nationality of a treaty country. The list covers dozens of countries, including Turkey, Canada, Spain and the United Kingdom.
A Substantial Investment
The money must be irrevocably committed and at risk in the business, with a lawful source that you can document. Funds that are not spent or committed do not count.
A Real, Active Business
The business must be a genuine operating enterprise, not a passive investment or a purely speculative venture.
Not Marginal
The business should be able to generate more than a minimal living for you and your family, or have a significant economic impact, for example through job creation.
Treaty-National Ownership
At least 50% of the enterprise must be owned by nationals of the treaty country.
You Develop and Direct It
You must be coming to the US to develop and direct the business, usually as an owner or a senior manager.
What the E-2 Does and Does Not Give You
It helps to understand the limits of the E-2 before you invest.
- It is a nonimmigrant visa, so it does not lead directly to a green card
- You must show intent to leave the United States when your E-2 status ends
- Stays are granted in fixed periods and can be renewed while your business qualifies
- Visa validity depends on the reciprocity arrangements with your country
- Your investment must stay committed to the business, and you must keep operating it
How It Works
Five clear stages, with Migrate Way beside you at every one.
US Entity Formation
We help you set up your US company in the right state and obtain your federal tax ID, which establishes your legal presence.
Investment Deployment
You commit capital to the business, for example through a lease, equipment or operating expenses, to show that it is genuinely at risk.
Strategic Filing
We help compile your filing with a detailed business plan and evidence that your business meets the investment and non-marginality tests.
Consular Interview
You attend an interview at a US embassy or consulate. Waiting times vary widely by location, so we plan around them.
Entry and Activation
Once approved, you receive your E-2 visa, enter the United States and begin running your business.
What We Handle for You
An E-2 application is detailed and unforgiving. We take the guesswork out of it.
Eligibility Assessment
An honest view of your nationality, investment and business before you spend money.
Business Plan Support
Guidance on a plan that shows a real, non-marginal business.
Source of Funds Review
Help documenting that your investment funds come from a lawful source.
Entity Setup Guidance
Coordination with US advisers on formation and structure.
Pre-Submission Review
A final check of your complete file to catch errors that cause delays.
Interview Preparation
Preparation so you can present your business and plans with confidence.
Frequently Asked Questions
Straight answers to the questions we hear most about the USA E-2 visa.
What is the common investment threshold for 2026?
There is no legal minimum. Many practitioners treat roughly $100,000 or more as a practical benchmark, while service-based businesses with low start-up costs can sometimes succeed with less. What matters is that the amount is substantial in relation to the business.
Can I apply for the E-2 if I am already in the US?
In some cases, you can request a change of status from within the United States, depending on your current visa and how long you have been there. We review your situation before advising on the best route.
Can I buy a franchise instead of starting a business?
Yes, a franchise can qualify as long as you actually run it, the investment is substantial and the business is a real operating enterprise rather than a passive investment.
Does the E-2 lead to a green card?
No. The E-2 is a nonimmigrant visa and does not lead directly to permanent residence. If a green card is your goal, we can discuss other options that may fit better.
Is my country on the treaty list?
Only nationals of treaty countries can apply, and the list covers dozens of countries. We check your nationality first, so you do not spend money on an application that cannot proceed.
Can my family join me?
Yes. Your spouse and unmarried children under 21 can accompany you, and spouses are generally authorised to work. We prepare the family applications together with yours.
Do you guarantee approval?
No one can. The final decision rests with the US consular officer. What we do is make sure your application is complete, accurate and well prepared, which gives you the strongest possible chance.
This page is general information, not legal advice. US immigration rules, fees and consular procedures change often, so details should always be confirmed with a qualified attorney before you invest. Photos via Unsplash: Luca Bravo and Mike Chavarri.
Ready to Invest in Your Own Business in the USA?
Tell us about your business and your plans, and we will let you know whether the E-2 is right for you and what your next steps should be.