E-2 Visa – Help for Treaty Investors and Business Owners
E-2 status lets a business owner live in the US while running a company they bought or built with their own funds. It is open to citizens of countries with a US trade treaty, Canada included. Status can be renewed as many times as needed while the business operates, and your spouse can work.
We check citizenship, ownership and the investment, trace the source of funds and prepare the DS-160 and consular package or a petition to USCIS. The lawyer’s work starts at $5,500. Government fees are separate.
Need our help?
Tell us what business you are starting or buying and how much you plan to invest. A lawyer will explain how a consular officer is likely to see it.
Who qualifies for an E-2 visa
The consular officer looks at five conditions, and a weak spot in any of them is a common reason for refusal.
- citizenship of a country with an E-2 treaty with the US
- at least half of the US company belongs to people of that same nationality
- the money is yours, invested or being invested, and at risk
- the business operates and is not marginal – now or within five years it will earn more than a minimal living for your family or make a real economic contribution
- you develop and direct it – you own at least 50% or have operational control
Canada has had E-1 and E-2 status since 1994. Some countries are on the list for E-2 only, others also for E-1 treaty traders. An employee can also get an E-2 if they share the owners’ citizenship and come as a manager or as an essential specialist the business needs.
If your country is not on the list, no amount will make E-2 work. Look at the L-1 visa if you own an operating company, or EB-5 on the investor visa page.
How long an E-2 visa takes
Most of the time goes into preparing the package, especially if the business is still launching. Interview wait times depend on the consulate and are posted on the State Department’s Visa Appointment Wait Times page. Canadians apply at a US consulate in Canada.
How long the visa itself is valid and how many entries it allows depends on your citizenship – check the reciprocity table for your country. Each admission is for up to 2 years no matter how long the visa is valid.
E-2 or EB-5
| E-2 | EB-5 | |
|---|---|---|
| Citizenship | treaty countries only | any |
| Amount | no minimum, substantial for the business | $800,000 or $1,050,000 |
| Who runs it | you | not required in a regional center |
| Green card | no | yes, conditional first |
| Duration | up to 2 years per entry, unlimited renewals | permanent |
If your company abroad has operated for over a year, also compare the L-1 visa: there is no set amount, and a manager can later apply for a green card. All three routes side by side are on the US investor visa page.
Learn more
- E-2 Treaty Investors – USCIS
- Treaty countries – US Department of State
- Visa Appointment Wait Times – US Department of State
Visa categories
Business and investment
Work and immigration
Travel
How we handle your E-2 case
The work runs in five steps, from the first check to entry.
- A check before you invest. We look at your citizenship, budget and business idea. If the money is not in yet, we tell you what amount will look substantial for this business and which costs count.
- The money and its history. We document how you earned the funds and every transfer up to the company account. A loan secured by the company’s own assets does not count as an investment.
- Business plan and company records. Formation documents, ownership, lease, licenses, invoices and contracts. A business plan with hiring and five-year projections shows the business is not marginal.
- Application and consular package. We complete the DS-160 with its E visa section, assemble the package to the rules of the consulate you will use and book the interview.
- Interview and entry. We go through the officer’s questions about the business and your role. At entry, CBP admits you for up to 2 years. Status is then extended by leaving and re-entering on a valid visa or by filing with USCIS.
If you are already in the US, you can change status to E-2 without leaving by filing Form I-129 with USCIS. That status only works inside the US, and after your first trip abroad you will need an E-2 visa from a consulate to come back.
- passport and proof of treaty-country citizenship
- company records – formation, ownership, lease, licenses
- proof of investment – bank statements, wire confirmations, invoices for equipment and build-out
- source of funds – income records, sale agreements, tax returns
- business plan with a hiring plan and revenue projections
What “substantial” really means
This word causes more debate than anything else in an E-2 case. The officer weighs your investment against the cost of your particular business. For a small café the share you paid yourself matters most, for manufacturing the total amount matters too. Money just sitting in the company account gets limited credit. It is better if most of it has already gone into the lease, equipment and launch by the interview.
Yulia Golinevich – immigration lawyer
Getting your E-2 visa with our help
The lawyer’s fee covers the principal applicant. Government fees are separate.
Government fees: E-2 visa – $315 per applicant; I-129 for a change of status – $1,015 ($965 online), small employers with 25 or fewer employees – $510; Asylum Program Fee with I-129 – $600, small employers – $300; premium processing for I-129 – $2,965, optional.
Fees follow the USCIS G-1055 fee schedule and Department of State rates as of October 2026.
Want to know more about pricing?
All visa and immigration prices are on one page.
E-2 visa FAQ
How much do I have to invest for E-2?
The regulation sets no floor. The amount has to be substantial for your business, and the cheaper the business, the bigger the share you pay yourself. Examples are in our article on E-2 visa requirements.
What are the E-2 visa requirements for Canadian citizens?
The same as for other treaty nationals: Canadian citizenship, at least 50% Canadian ownership of the US company, a substantial at-risk investment and a business that is not marginal. Canadians cannot get E-2 status at the border – they apply for the visa at a US consulate.
Can I buy an existing business?
Yes, buying an operating business is common. The purchase price counts as your investment if the money is yours and the deal is made through a company you own. Review the financials first so the business is not marginal.
Can my family come with me?
Your spouse and unmarried children under 21 get E-2 dependent status whatever their citizenship. Your spouse is work-authorized by status. Children can study but not work.
Can I switch to E-2 while visiting on a B-2 visa?
You can file I-129 for a change of status while your B status is valid. You cannot work in the business until approval, and you will need a visa to travel and return. If the trip was really about the business from the start, it can look like misrepresentation at entry, so we review these cases before filing.
Can an E-2 lead to a green card?
Not by itself. You would need another basis – EB-5, an employer or marriage to a US citizen. Once an immigrant petition is filed, renewing E-2 and traveling on it gets harder, so plan this early.
Do I need to form a US company first?
Yes. The company exists and the money is being invested before you apply. Your corporate lawyer or accountant sets it up, and we will tell you which company documents the visa requires.
