E-2 Visa: Requirements, Process, and Path to Green Card

The E-2 visa is a nonimmigrant U.S. work visa for entrepreneurs and investors from certain treaty countries. It allows you to invest in and run a business in the USA. Unlike the H-1B visa (which requires winning a lottery)​, the E-2 visa has no annual cap or lottery - you can apply any time if you qualify. It’s a popular option for foreign founders, small business owners, and startup investors. In this guide, we’ll explain E-2 visa requirements, how to apply step-by-step, how long an E-2 visa lasts, and options for an E-2 visa to green card transition. We’ll also answer common questions and provide real-world examples to illustrate key points.

Whether you’re planning to launch a new startup in Silicon Valley or buy a franchise in the U.S., the E-2 visa can be your ticket to doing business in America. Gale’s advanced immigration team has helped many investors navigate this process. Let’s dive into what you need to know!

What is the E-2 Visa? (Treaty Investor Visa Overview)

The E-2 visa is a “treaty investor” visa that allows a national of a country that has an E-2 treaty with the United States to live in the U.S. to direct and develop a business they have invested in. In simpler terms, it’s a visa for entrepreneurs who invest a substantial amount of money in a U.S. enterprise and who will actively manage that business. Spouses and children (under 21) can accompany the investor on E-2 dependent visas. Notably, the E-2 is a temporary, non-immigrant visa - it can be renewed indefinitely (with no maximum year limit) as long as you continue to meet the requirements, but it does not directly lead to a green card (we’ll discuss green card options later).

Treaty Country Requirement: The E-2 visa is only available to citizens of certain countries that have a commerce and navigation treaty with the U.S. (for example, Canada, Mexico, the UK, Germany, Australia, Japan, among others). As of 2025, there are over 80 E-2 treaty countries​. Notable countries without an E-2 treaty include India and China, meaning nationals of those countries cannot get E-2 visas unless they have dual citizenship in an E-2 country. (See the U.S. Department of State’s treaty countries list for the full list.)

Key idea: The E-2 visa lets you work for your own company in the U.S. (or a company you substantially invest in). It’s different from employment visas like H-1B or L-1 - the E-2 is about investing and running a business, not about being sponsored for a job (though you are essentially “sponsoring” yourself via your investment). If you already have a company abroad, the L-1 intracompany transfer visa might be an alternative to bring yourself or a manager to the U.S. (see our L-1 Visa Guide for that route). But for an entrepreneur starting fresh in the U.S., the E-2 is often the go-to option as long as your home country is eligible.

E-2 Visa Requirements

To qualify for an E-2 visa, you must meet several strict requirements set by U.S. immigration regulations​. In summary, the main E2 visa requirements are:

• Treaty Nationality: You (the investor) must be a citizen of a treaty country. The business you invest in should also be at least 50% owned by nationals of the same treaty country (which can just be you or you and partners). For example, if you are a citizen of the UK, you qualify because the UK has an E-2 treaty with the U.S. If your business has co-owners, at least 50% must be owned by UK citizens to qualify under that treaty.
• Substantial Investment: You must invest a substantial amount of capital in a real U.S. business. There is no fixed minimum dollar amount by law​, but the investment should be proportional to the total cost of the business and enough to ensure the enterprise’s success​. In practice, investments often need to be in the tens or hundreds of thousands of dollars. A $30,000 investment is likely too low for most businesses, whereas investing say $100,000-$200,000 into a new venture is more common. The funds must be placed at risk for business expenses (simply having money in a U.S. bank account is not enough - it should be spent or committed to the business). The money also must come from a lawful source (you’ll need to document where you got the funds - savings, sale of property, loans, etc., and show it’s not from any criminal activity).
• Bona Fide Enterprise (Real & Active Business): The business you invest in must be a real, operating commercial enterprise - it cannot be a passive or speculative investment. This means no purely passive investments like just buying stocks or real estate that you rent out. Examples of qualifying businesses: opening a restaurant, buying a retail store or franchise, starting a tech startup, etc., where you are actively running the operations. You’ll need to show the business is either already operating or ready to launch imminently (business plan, leases, business bank account, initial employees or contractors, etc.). A shell company with no activity won’t qualify - you must demonstrate the enterprise is active and generating (or poised to generate) income.
• Not Marginal: The enterprise cannot be merely marginal, meaning it should have the capacity to generate more than just minimal living income for the investor and family. The intent of the E-2 is to create economic benefit (jobs, services) beyond just supporting the investor’s household. In practice, this means your business plan should show significant income potential or economic impact (hiring employees, providing in-demand services, etc.) within five years. A very small business that only ever makes, say, $30k a year and supports just the investor might be deemed marginal. For example, investing $50,000 to open a tiny shop that barely breaks even could be considered marginal, whereas investing $150,000 to start a tech consulting firm that will hire several employees and grow profits would likely be seen as non-marginal.
• Investor’s Role - Develop and Direct: You (the investor) must be coming to the U.S. to direct and develop the enterprise. Typically this means you are the owner who will manage the business (at least 50% owner, or a corporate executive with operational control). You should be actively engaged in running the company (not a remote or passive owner). If you won’t personally manage it, an E-2 might still be possible for a qualified employee of the same nationality as you, but this is less common. Most E-2 visas are for the investor-owner themselves or a co-owner/executive.
• Intent to Depart (Nonimmigrant Intent): The E-2 is a temporary visa, so you must intend to depart the U.S. once your E-2 status ends. Unlike H-1B or L-1, the E-2 is not dual-intent - officially, you need to maintain that you plan to eventually leave the U.S. (for example, if the business doesn’t continue or if you decide not to renew the visa). In practice, E-2 visas can be renewed indefinitely and you don’t have to maintain a foreign residence, but you should not directly state any immigrant intent (like plans to get a green card) during your visa interview. You’ll sign a statement of intent to depart if your status ends. (We’ll talk about transitioning to a green card later - it’s possible, but it requires a separate process since E-2 doesn’t itself provide immigrant intent.)

If you meet all the above, you could be a strong candidate for an E-2 visa.

Real-world example: A citizen of France invests $250,000 to open a French bakery in New York, forms a U.S. LLC for the bakery (100% French-owned), hires 5 employees, and plans to expand catering services. This investor would likely qualify for E-2 status - she’s from a treaty country, invested a substantial sum at risk (for equipment, lease, inventory), has an active business with job creation (not marginal), and will direct the business as the owner-manager.

E-2 Visa Application Process (How to Apply)

Once you’re sure you meet the requirements, how do you actually get the E-2 visa? The application process will depend on whether you are applying from outside the U.S. at a consulate (most common) or applying to change status to E-2 from within the U.S. We’ll outline the typical process for a consular application, since ultimately you will need an E-2 visa stamp in your passport to freely travel. (If you are already in the U.S. in another status, you can file a petition with USCIS to change status to E-2; more on that later.) Here are the general steps to apply for an E-2 visa:

Invest and Prepare Your Business: Deploy your investment funds and gather evidence of your business. By the time you apply, you should have your business formed and substantial funds already invested or irrevocably committed. This includes expenses like lease agreements, equipment purchases, initial operating expenses, franchise fees, etc. You should also prepare a professional business plan (often 5-year projections) demonstrating the business’s viability and how it’s not marginal (e.g. showing anticipated growth, hiring, and profits). Many consulates require a detailed business plan for new enterprises. Essentially, at the application stage you need to prove: the company exists (registration docs), you’ve spent substantial money (receipts, bank transfers), and the business is ready to operate or already operating (contracts, invoices, hires, etc.).

Complete the Required Application Forms: Fill out the online DS-160 nonimmigrant visa application for an E-2 visa (this is the standard visa application form for U.S. consulates). In addition, complete Form DS-156E (Treaty Investor Application) which is a supplement specifically for E visa applicants detailing the investment and business. The DS-156E form is typically required for E-2 principal investors and will ask for extensive info about the company, investment amount, employees, etc. These forms will generate confirmation pages that you need for scheduling the interview.

Pay the Fee and Schedule a Visa Interview: Pay the MRV visa application fee (currently $205 for E visas) and schedule your interview at the appropriate U.S. Embassy or Consulate in your home country (or the country of your citizenship). Some consulates may ask you to submit a packet of supporting documents (like your business plan, ownership documents, etc.) prior to the interview date - procedures vary by embassy. For example, the U.S. Embassy in London has specific instructions for E-2 applications, requiring you to email in your document package in advance. Make sure to follow the consulate’s instructions closely. You’ll need to bring your passport, DS-160/156E confirmations, fee receipt, and an organized file of all your supporting evidence to the interview.

Attend the Visa Interview: This is a crucial step. At the interview, a consular officer will review your case and ask you questions about your investment, business plan, your background, and intent. Be prepared to explain your business clearly: What does it do? How much have you invested? Where did the money come from? How many employees or contracts do you have? What is your role? Also be ready to address how you will eventually depart the U.S. (you can say something generic like, “If the business doesn’t succeed or when I decide to retire, I plan to return to my home country,” etc. - they just don’t want to hear that you intend to stay permanently without a green card). If all goes well, the officer will approve your E-2 visa. They will keep your passport to place the E-2 visa stamp in it, and you’ll get your passport back within a few days to a couple of weeks (depending on the consulate’s processing time).

Enter the U.S. and Begin Operations: Once you have the visa, you can travel to the United States and be admitted in E-2 status. At the airport or port of entry, the Customs officer will usually grant you an initial stay of up to 2 years in E-2 status (they’ll stamp your passport or electronic I-94 with an expiration date). Note that the visa validity and the length of stay on each entry can differ: many E-2 visas are valid for 5 years multiple-entry (depending on reciprocity for your country), but each time you enter you get a 2-year period of stay. Some countries have shorter visa validity (for instance, Mexican citizens currently get 1 year E-2 visas, and some countries even only 3 months), but in all cases you get up to 2-year increments of status when you enter. You must ensure your business continues to meet the criteria; you can file extensions of status with USCIS or renew the visa at a consulate to continue past the initial period. We’ll cover renewals next.

If you’re already in the U.S.: Instead of the above consular process, you could file a Form I-129 petition with USCIS to change status to E-2 (or extend an existing E-2 status) without leaving the U.S. Your company would submit an I-129 (with E-2 supplement) and all supporting evidence to USCIS. If approved, you get E-2 status for up to 2 years. The downside is this doesn’t give you an actual visa stamp; it just changes your status. If you later travel abroad, you’d still need to go to a consulate to get the E-2 visa in your passport to re-enter. Many applicants do a change of status first (to start working sooner) and then later apply for the visa stamp when convenient. USCIS processing can take a few months, but premium processing is available (15-day decision for a $2,500 fee) if you need a faster answer on a change of status.

E-2 Visa Duration, Renewals, and Maintaining Status

One of the great features of the E-2 visa is that it can be renewed indefinitely as long as you and the business continue to qualify. There is no maximum number of years you can be on an E-2. Initially, depending on your country’s treaty arrangements, you might get a visa valid for a few months up to 5 years. For example, Japanese citizens currently get 5-year E-2 visas, whereas Egyptian citizens get 3-month visas (single entry) - it varies. But regardless of visa validity, each entry to the U.S. in E-2 status grants 2 years of stay. You can then exit and re-enter to get another 2 years, or file an extension of status from inside the U.S.

To renew the E-2, you’ll need to prove that the business is still running and remains eligible: it’s still not marginal (preferably it has grown), you still have skin in the game, and you continue to direct it. Typically, renewals will require updated financial statements, tax returns, payroll records to show the enterprise is active and profitable (or on a solid path). Many E-2 entrepreneurs renew their visas every 2-5 years and can essentially live in the U.S. long-term on E-2 status. Indefinitely in theory does not mean permanent - you must always maintain the intention to depart eventually. In practice, however, as long as you don’t declare immigrant intent or violate the visa terms, you can keep renewing. There are E-2 families who have lived in the U.S. 10+ years by continually extending their E-2.

Work Authorization for Spouse: One major benefit - the E-2 investor’s spouse can obtain work authorization. E-2 spouses are eligible for unrestricted work authorization in the U.S. In fact, as of 2022, E visa spouses no longer even need to apply for an EAD card; once in E-2 status as a dependent, the spouse is automatically authorized to work incident to status​. (They can get an annotation on their I-94 indicating work authorized). This means your husband or wife can work for any employer (or even start their own business) while you run your E-2 company. This is a huge advantage for family flexibility.

Children (under 21) can live and study in the U.S. on E-2 dependent status (they cannot work, but they can attend school).

Travel on E-2: With a valid E-2 visa, you can travel in and out of the U.S. freely. Just be mindful to maintain your business - lengthy absences or if the business falters could raise questions on re-entry. Also, if you change your business significantly (for example, switch to a totally different type of business or sell the old business and invest in a new one), you may need to file to amend your E-2 status or get a new visa reflecting the change. Minor changes (like expanding locations or adding related activities) are generally fine. Always consult an immigration attorney if you pivot your investment, to ensure continued compliance with E-2 rules.

Example - Renewal: Suppose you received an E-2 visa in 2023 by investing in a tech startup. In 2025, your initial period is expiring. You have since hired 3 employees and revenue is growing. You would prepare a renewal application showing the business’s 2023-2024 financials, proof of the jobs you created, and a statement that you are still developing the enterprise. If all is in order, the renewal should be granted and you can continue operating for another two years (or get a new visa stamp for another 5-year validity, depending on the country).

E-2 Visa to Green Card: Is There a Path from E-2 to Permanent Residence?

One of the most common questions E-2 investors ask is: “Can I go from an E-2 visa to a green card?” The E-2 visa itself does not provide a direct path to U.S. permanent residence (green card) - it is a strictly nonimmigrant category. There is no cap or quota on E-2 visas, but also no built-in way to “adjust status” to immigrant status through the E-2 alone. However, there are several indirect strategies to transition from an E-2 visa to a green card. Many E-2 visa holders do successfully obtain green cards, but it requires planning and often a change of visa category or a separate immigrant petition. Here are some paths to a green card for E-2 visa holders:

• Family Sponsorship: This is unrelated to the E-2 itself, but worth mentioning first. If you have an immediate relative who is a U.S. citizen (e.g. you marry a U.S. citizen), you could potentially adjust status to a green card through that family relationship. Marriage to a U.S. citizen is the most straightforward path to a green card and would allow an E-2 holder to become a permanent resident (after proper filing and interviews). Of course, this is only relevant in certain personal circumstances and must be a bona fide marriage. Family-based green cards (through marriage or other close family) bypass the E-2 employment constraints entirely.
• Employer Sponsorship (EB-2/EB-3 Employment-Based Green Cards): An E-2 investor can sometimes be sponsored by a U.S. employer for a green card under the employment-based second or third preference categories (EB-2 or EB-3). This typically requires a PERM labor certification and a full-time job offer. However, this path usually applies if the E-2 investor transitions into a different role or if their own company is able to sponsor them (which is tricky due to ownership). Can your own company sponsor you for a green card? Possibly, but it’s complex - the company would need to demonstrate it can hire you for a position and go through the PERM process proving no qualified Americans are available. This is often difficult if you essentially are the company (ownership can conflict with the PERM requirement of a bona fide job offer). It can sometimes work if the business has grown large, has a board, and the job offer is independent of your ownership, but expect heavy scrutiny. Alternatively, some E-2 investors switch to a different employer in the U.S. (for example, an E-2 entrepreneur might wind down their business and take a job with a U.S. company willing to sponsor their green card). In that case, you’d likely first switch to an H-1B or other work visa with the new employer, then have them sponsor your EB-2/EB-3. This is not the most common route, but it’s viable for some who decide to move into employment.
• EB-5 Immigrant Investor Visa: The EB-5 visa is an immigrant visa (green card) category for investors. If an E-2 business becomes very successful or if the investor has substantial additional capital, going the EB-5 route could be an option. EB-5 requires a larger investment (generally $1,050,000 or $800,000 in a targeted employment area as of 2025) and the creation of at least 10 full-time U.S. jobs. Some E-2 investors eventually increase their investment and meet EB-5 criteria. For example, an E-2 holder who initially invested $200k and grew the business to 15 employees might contribute more capital and apply for EB-5 based on the jobs created. The advantage is EB-5 leads directly to a green card (conditional for two years, then permanent after meeting job requirements). The drawback is the high investment and strict job creation rules. But it’s a direct path to permanent residence if you can qualify. We have seen E-2 entrepreneurs convert to EB-5 once their business expansion supports it. (Note: The EB-5 program has its own complexities and backlogs for certain countries - check the latest USCIS/DOS info if pursuing this.)
• National Interest Waiver (EB-2 NIW): The EB-2 NIW (National Interest Waiver) is a green card option that might suit certain E-2 entrepreneurs, especially those in innovative or impactful industries. The EB-2 NIW lets you self-petition for a green card (no job offer or PERM needed) if you can show that your work has substantial merit and national importance, you are well-positioned to advance that work, and on balance it benefits the U.S. to waive the normal job offer requirement​. For example, if your E-2 business is a tech startup with a product that serves a national interest (say, renewable energy technology or a significant public health innovation), you might craft an EB-2 NIW petition highlighting how your enterprise contributes to the national interest. We have to be realistic: the NIW is generally for individuals with advanced degrees or exceptional ability and a track record of achievements. But entrepreneurs can qualify - USCIS has recognized that entrepreneurs can obtain NIWs if their startups have broad economic and societal benefits. Example: An E-2 founder of a biotech research company (with a Ph.D. and notable research contributions) might obtain an NIW because their work on, say, vaccine development is in the national interest. If approved, the NIW leads to a green card. The key is you must still qualify under EB-2 (advanced degree or exceptional ability) and meet the NIW criteria. It’s a legal pathway to self-sponsor for a green card and avoid the “no immigrant intent” issue (because once you file a green card petition like NIW, you do have immigrant intent - so you must navigate visa renewals carefully). It’s wise to consult an immigration lawyer experienced with NIWs if considering this route.
• “Switching” to a Dual-Intent Visa and Sponsoring Yourself: This is more of a two-step strategy. Since E-2 is not dual-intent, pursuing a green card while on E-2 can be tricky when it comes time to renew the E-2 or travel internationally (a pending immigrant petition could jeopardize a nonimmigrant renewal/entry). Some E-2 visa holders choose to change to a dual-intent status like H-1B or L-1 to bridge the gap. For instance, if your business grows and you establish an affiliated foreign entity, you might qualify for an L-1A visa (and later an EB-1C multinational executive green card) - essentially transitioning from E-2 to L-1A status after a year abroad working for the foreign affiliate, then going for EB-1C. This is a niche scenario but could apply if your company expands internationally. Another more common tactic: if the E-2 investor or spouse can find an H-1B sponsoring employer (perhaps a side job or a spouse’s job opportunity) and win the H-1B lottery, switching to H-1B status provides dual intent safety while an employer or self-petition green card is in process.

In summary: sometimes an intermediary step of changing status can make the green card process smoother. Keep in mind, though, not everyone will have this luxury, and changing status to H-1B means you’d have to give up running your E-2 business full-time, which may not make sense unless the business isn’t going well or someone else can manage it.

Important: If you plan to pursue any green card path, plan early and coordinate with your E-2 renewals. Because if you overtly show immigrant intent (for example, by filing an I-140 petition for EB-5 or NIW), a consular officer at your next E-2 renewal or entry could potentially refuse your E-2 on the basis that you no longer have intent to depart. Many people manage this by timing - e.g., they renew their E-2 first, then file the green card petition right after the renewal, or if filing while a visa is valid, they avoid travel until they can file for Adjustment of Status (if eligible). Each case is different, so professional guidance is key here. It is possible to go from E-2 to green card, but it’s not as straightforward as with some visas that have direct conversions.

Comparison: Unlike some work visas (for example, an L-1A visa can lead to a green card via the EB-1C category rather directly)​, the E-2 has no built-in immigrant option. However, many E-2 investors do become U.S. permanent residents eventually by using one of the strategies above. It requires careful navigation of immigration law. Gale and its network of immigration attorneys have experience mapping out these long-term plans, ensuring you maintain status in the short term while planning for the future.

Do I Need an E-2 Visa Lawyer? (How Gale Can Help)

Applying for an E-2 visa involves significant documentation and legal nuance. While it’s technically possible to apply on your own, in practice most successful E-2 applicants work with an experienced immigration lawyer due to the complexity and high stakes. Here are a few reasons why an E-2 visa lawyer is highly recommended:

• Strategizing the Investment & Business Plan: A lawyer familiar with E-2s can advise you how to structure your investment to meet the “substantial” requirement and avoid issues with marginality. They’ll help present your business plan in a way that highlights job creation and economic impact (crucial for approval). For example, experienced attorneys know what consular officers look for in different industries - they can tell you if investing XYZ amount is likely sufficient given your business type, or if you should invest more upfront. They also ensure your source of funds documentation is thorough (tracing the money trail to satisfy legal standards).
• Application Packet Preparation: An E-2 application is typically submitted as a comprehensive packet with a cover letter pointing to exhibits (ownership documents, financial statements, leases, contracts, organizational chart, etc.). A seasoned lawyer will compile and index the evidence in a clear, convincing way. This matters - a well-organized submission can make the officer’s job easier and cast your case in a positive light. Lawyers also fill out the DS-156E expertly (that form can be daunting - it asks for very detailed info about the business). Small mistakes or omissions can lead to delays or denials. An attorney makes sure all forms are accurate and complete.
• Consular Insight and Communication: Immigration lawyers who regularly handle E-2s often know the specific practices of different consulates. For instance, the process and scrutiny level can differ between the U.S. Embassy in London versus the one in Tokyo or Toronto. Your attorney can tailor the application to what the consulate expects. They may also communicate with the consulate or respond to any inquiries. If a consular officer issues a request for more information or has concerns, your lawyer can quickly address them with legal arguments and additional evidence. In the worst case of a denial, an attorney can assess the reasons and advise on next steps or re-filing.
• Avoiding Pitfalls and Delays: There are many potential pitfalls - improperly sourced funds, a business that looks marginal, an organizational structure that doesn’t clearly show 50% treaty ownership, etc. A good lawyer will identify and fix weaknesses in your case before you apply. They might advise you to spend a bit more on the business, or hire an employee sooner, or restructure ownership (e.g. if you’re a dual national, which passport to use) to maximize your chance of approval. They also ensure you don’t inadvertently violate status issues. For example, they’ll remind you not to engage in work before the E-2 is issued (except setting up the investment) to avoid status violations.
• Gale’s Tech-Driven Expertise: Gale is a tech-forward U.S. immigration firm that specializes in work visas like E-2. Through Gale, you get matched with a top-tier immigration attorney experienced in E-2 cases, while benefiting from a streamlined process (secure document uploads, project tracking, etc.). Gale’s platform makes the paperwork process efficient, and its attorneys provide the personal legal expertise to guide you. This combination can save you time and stress. Our team has helped startup founders and investors from around the world successfully obtain E-2 visas - from helping an Italian entrepreneur invest in a NYC restaurant to assisting a Taiwanese tech founder set up a Delaware C-corp and get E-2 status.

While hiring an attorney is an added cost, consider the stakes: You’re investing serious money into your business and your future in the U.S. An E-2 denial could derail those plans. Having professional guidance greatly increases your chances of a smooth approval. Gale offers consultations to evaluate your situation and can pair you with an immigration lawyer who speaks your language and understands your industry. We pride ourselves on being the most advanced immigration firm for work visas, leveraging technology and legal expertise to achieve fast, successful outcomes.

If you’re considering an E-2 visa, it pays to get it right the first time. Contact Gale for a consultation to discuss your E-2 strategy. Our experts will assess your eligibility, help you strengthen your case, and guide you through each step - from crafting your business plan for the consulate to ultimately scaling your business in the U.S. Don’t navigate this complex process alone - book a consultation with Gale today to set your American dream in motion!

E-2 Visa FAQs

Q: What is the minimum investment for an E-2 visa?

A: There is no fixed minimum dollar amount required for an E-2 visa. However, your investment must be “substantial” relative to the total cost of the business and sufficient to ensure its successful operation. In practice, investments under around $100,000 may be considered too low for many businesses (unless the nature of the business is very low-cost). Most successful E-2 cases involve six-figure investments. The key is that the amount should make sense for the type of enterprise - e.g. a small consulting firm might justify a lower investment than a manufacturing business. The funds must be genuinely at risk (spent or committed to spend), not just sitting in a bank account. Essentially, invest as much as is needed to get the business up and running robustly - the consular officer will assess if it’s substantial enough given your business plan.

Q: How long is the E-2 visa valid and can it be renewed?

A: The validity of the E-2 visa depends on the treaty agreement with your country. Many E-2 visas are issued for up to 5 years (for example, for citizens of Japan, Canada, UK, etc.), but some countries have shorter validity (12 months for Mexico; 3 months for Iran, etc.). Regardless of the visa stamp’s validity, when you enter the U.S. you will typically be granted a 2-year period of stay in E-2 status. You can renew the visa and your E-2 status indefinitely as long as you continue to meet the requirements. There is no maximum number of extensions (unlike some visas that have year caps). Each extension of status from USCIS inside the U.S. adds 2 more years. Each visa renewal at a consulate will give you a new visa stamp (length depends on treaty terms) which allows further entries, each for 2 years. In short, you can keep extending or re-entering on E-2 indefinitely, potentially for decades, provided your business remains active and not marginal, and you maintain the intent to depart if your status ends. Many E-2 holders have spent 10+ years in the U.S. through consecutive renewals.

Q: Can my spouse work in the U.S. if I have an E-2 visa?

A: Yes! The spouse of an E-2 visa holder is eligible to work in the United States. In fact, recent changes have made it easier than ever. Upon entering the U.S. in E-2 dependent status, the spouse is automatically authorized to work without needing to apply separately for an EAD work permit (the I-94 is noted to indicate work authorization). This means your spouse can work for any U.S. employer, or even start their own business, full-time or part-time. This is a huge benefit of E-2 status (similar to L-2 and H-4 EAD for certain spouses). Your children on E-2 (children must be under 21 and unmarried) cannot work, but they can attend school or college. Spouses often take advantage of this to supplement family income or continue their own career while in the U.S.

Q: Which countries are eligible for the E-2 visa?

A: E-2 visas are only available to nationals of countries that have an appropriate treaty of commerce and navigation with the U.S. or a specific authorizing law. There are over 80 treaty countries. Some notable ones include: Canada, Mexico, Colombia, Argentina, United Kingdom, Germany, France, Italy, Spain, Turkey, Israel, Australia, Japan, South Korea, Pakistan, Bangladesh, and many more. Examples of countries not eligible (no treaty): India, China, Russia, Brazil, among others. If you are a dual citizen, only one of your nationalities needs to be a treaty country to qualify (and you must apply using that passport). The U.S. Department of State maintains a Treaty Countries list with all E-2 eligible countries and the corresponding visa validity periods for each. It’s important to verify your country’s status - occasionally new treaties get added (e.g. Israel was added in recent years) or terms change. As of 2025, no treaty exists with India or China, so nationals of those countries cannot get E-2 visas unless they have an alternative citizenship from a treaty country.

Q: Can an E-2 visa lead to a green card?

A: Not directly - the E-2 is a nonimmigrant (temporary) visa that by itself doesn’t provide a direct path to permanent residency. There is no conversion from E-2 to green card without pursuing a separate immigrant category. However, there are indirect paths to get a green card while on E-2. Common strategies include: family-based green cards (e.g. marriage to a U.S. citizen), employment-based green cards like EB-2 or EB-3 (if a U.S. company sponsors you for a job - sometimes tricky if you own the company), the EB-5 investor green card (if you invest $800K-$1M+ and create 10 jobs, you can apply for a green card), or the EB-2 National Interest Waiver (if your business or qualifications are in the national interest, allowing you to self-petition for a green card). Some E-2 holders also switch to a dual-intent visa (like H-1B or L-1) to then pursue a green card. It requires planning, and you must be careful about demonstrating immigrant intent while on E-2. But yes, many E-2 visa holders do eventually obtain green cards through one of these pathways. It’s wise to consult an immigration attorney to chart out the best course based on your situation. (For example, if your goal is a green card and you have the funds, maybe consider EB-5; if your business is in a critical field, NIW could be an option; if you have a potential U.S. employer, maybe transition to H-1B.) Gale’s attorneys often help E-2 clients pivot to green card strategies when the time is right.

Q: Is it possible to apply for an E-2 visa without a lawyer?

A: Technically, yes - you are allowed to apply on your own. In practice, however, applying without a lawyer is risky for the E-2, given the extensive documentation and legal nuances involved. The E-2 visa process is not just a form filling exercise; it requires presenting a qualifying business case under U.S. immigration laws. If you attempt it yourself, you’ll need to thoroughly research the regulations, carefully prepare a 5-year business plan, correctly complete all forms (DS-160, DS-156E) and assemble a formidable evidence package. Any mistakes or weaknesses could lead to a denial or a request to radically supplement the application. Many applicants who start on their own find the process overwhelming. Because a substantial investment (and your ability to run your business in the U.S.) is on the line, most investors do choose to hire an experienced immigration attorney to navigate the process. An attorney can save you from costly errors and improve your likelihood of approval. That said, if your case is very straightforward (e.g. you’re buying a franchise with well-documented financials) and you’re confident in preparing complex applications, you could try - but even then, we strongly recommend at least consulting with a lawyer to review your packet. Considering what’s at stake (your business plans and thousands of dollars invested), the legal fees are usually a worthwhile investment for peace of mind and success.

Bottom line: It’s possible to DIY an E-2, but not advisable in most situations. Gale can connect you with top E-2 attorneys to make the process smooth and stress-free.