E-2 E-2 Treaty Investors

At a Glance

Item	Details
Visa name	E-2 Treaty Investor
Purpose	Develop and direct U.S. investment
Initial stay	Up to two years
Extensions	Unlimited, up to two years
Cost	Form fees apply
Eligibility timing	Invested or actively investing
Work rights	Approved E-2 activity only
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Generally two-year readmission
Citizenship	Not stated in the source
Family sponsorship	Spouse and unmarried children under 21
Visa record	Form I-94
Treaty nationality	Required for investor and employee
Application inside U.S.	Form I-129
Application outside U.S.	Apply for visa abroad

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Purpose

E-2 is a nonimmigrant classification for nationals of treaty countries who invest a substantial amount of capital in a U.S. business. Certain employees of treaty investors or qualifying organizations may also qualify.

See the U.S. Department of State’s Treaty Countries list.

Eligibility

Treaty investors

The investor must:

• Be a national of a treaty country.
• Have invested, or be actively investing, substantial capital in a bona fide U.S. enterprise.
• Enter solely to develop and direct the enterprise.
• Show at least 50% ownership or operational control through a managerial position or other corporate device.

The investment must:

• Be capital at risk for commercial profit.
• Be subject to partial or total loss.
• Not derive directly or indirectly from criminal activity.
• Be substantial relative to the enterprise’s total cost.
• Show financial commitment to successful operation.
• Support the investor’s ability to develop and direct the business.

A bona fide enterprise must be real, active, operating, for profit, and legally compliant.

Marginal enterprise restriction

The enterprise cannot be marginal. It must have present or future capacity to generate more than minimal living income for the investor and family.

A new enterprise may qualify if it should develop that capacity within five years after E-2 classification begins.

E-2 employees

An employee must:

• Have the same nationality as the principal treaty investor employer.
• Meet the applicable legal definition of employee.
• Perform executive or supervisory duties, or possess special qualifications.

For an organization employer, at least 50% must be owned by treaty-country nationals who maintain, or would qualify for, treaty investor status.

Special qualifications are skills essential to efficient enterprise operations. Foreign language and cultural knowledge alone do not qualify.

Stay and Extensions

• Initial admission: up to two years.
• Extensions or changes of status: up to two years each.
• Number of extensions: no limit.
• All E-2 nonimmigrants must intend to depart when status expires or ends.

Work Rights and Conditions

The treaty investor or employee may work only in the approved E-2 activity.

An E-2 employee may also work for the treaty organization’s parent or subsidiary if:

• The corporate relationship is established;
• The work requires executive, supervisory, or essential skills; and
• Employment terms and conditions have not otherwise changed.

Changes to the Enterprise or Employment

USCIS must approve substantive changes affecting E-2 eligibility, including:

• Merger;
• Acquisition;
• Sale of the employing division; or
• Other changes affecting the approved treaty-enterprise relationship.

For a substantive change, file a new Form I-129 with the fee and evidence that E-2 eligibility continues. An extension request may be filed at the same time.

No new Form I-129 is required for non-substantive changes. The investor or enterprise may file Form I-129 with a fee to request USCIS advice about whether a change is substantive.

An employer that stops employing an E-2 nonimmigrant is urged to notify USCIS.

Family Members

Spouses and unmarried children under 21 may accompany or follow the principal E-2 investor or employee.

• Family members do not need the principal’s nationality.
• Approved dependents generally receive the same stay period as the principal.
• Family members in the United States may use one Form I-539, Application to Change/Extend Nonimmigrant Status, with fee, for change or extension requests.

Spouse employment

Spouses in valid E-2 or E-2S status are employment authorized incident to status, except E-2 CNMI Investor spouses, who must apply for employment authorization.

Evidence of spouse work authorization may include:

• Unexpired Form I-94 showing E-2S status;
• Certain unexpired E-2 I-94 records with USCIS notice;
• An unexpired Employment Authorization Document; or
• A qualifying automatically extended EAD.

A spouse may file Form I-765, with fee, to obtain an EAD but is not required to do so when employment authorized incident to status.

Travel

An E-2 nonimmigrant returning from travel abroad may generally receive an automatic two-year readmission period, if found admissible by a U.S. Customs and Border Protection officer.

Family members do not automatically receive the principal’s new readmission period unless they:

• Accompany the principal at readmission; or
• Travel abroad and return within that new readmission period.

Family members must monitor their own authorized stay and apply for an extension before it expires.

Application Steps

If inside the United States

A treaty investor in lawful nonimmigrant status may file Form I-129 for change of status to E-2.

A qualifying employer may file Form I-129 for an employee in lawful nonimmigrant status.

If outside the United States

Do not file Form I-129 for E-2 classification while physically outside the United States.

Apply for an E-2 nonimmigrant visa through the Department of State. After visa issuance, seek admission at a U.S. port of entry.

Important Warning: Commercial Motor Vehicle Jobs

For E-2 jobs requiring commercial motor vehicle operation, provide evidence of English-language proficiency.

Acceptable evidence may include:

• Documentation of passing a standardized English examination; or
• A signed statement confirming required English proficiency.

USCIS will generally accept visas issued after June 15, 2026, for commercial-motor-vehicle positions as proof of English proficiency.