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Explore visasDS-160Full guide

E-2E-2 Treaty Investor

Invest in and run your own U.S. business as a national of a treaty country. Stays renew in 2-year steps, but E-2 is not a green card by itself.

At a glance

How you apply
Abroad: visa at a U.S. consulate (DS-160). Inside the U.S.: Form I-129 to change or extend status
Checked Sep 27, 2026[1,2]
Stay per admission
Up to 2 years; extensions in steps of up to 2 years, no set limit on the number
Checked Sep 27, 2026[1,3]
Minimum investment
None set in law; the amount must be substantial compared with the cost of the business
Checked Sep 27, 2026[2,3]
Taiwan
Treaty country for E-1 and E-2 since Nov. 30, 1948 (listed as China (Taiwan))
Checked Sep 27, 2026[2,4]
Spouse can work
Yes, incident to status; the I-94 shows E-2S
Checked Sep 27, 2026[1]
Premium processing
15 business days, Form I-129 only ($2,965)
Checked Sep 27, 2026[5,6]

What E-2 is

The E-2 classification lets a national of a treaty country come to the United States to develop and direct a business in which they have invested, or are actively investing, a substantial amount of capital.[1,8]

Certain employees of the investor or of the treaty company can also hold E-2 status if they have the same treaty nationality and fill an executive or supervisory role, or have skills essential to the business.[1,3]

There are two routes. From abroad, you apply for an E-2 visa at a U.S. embassy or consulate; U.S. Citizenship and Immigration Services (USCIS) does not accept Form I-129 for E-2 from someone outside the United States. If you are already in the U.S. in another valid status, Form I-129 can change your status to E-2.[1,9]

High confidence By statute, a "substantial" amount of capital for E purposes is whatever the Secretary of State establishes, which is why this page relies heavily on the State Department's Foreign Affairs Manual (FAM).[2,8]

Treaty countries and Taiwan

Only nationals of countries that have a qualifying treaty of commerce and navigation with the United States (or equivalent legislation) can use E-2. The U.S. Department of State publishes the list.[2,3,4]

Taiwan is on the list as "China (Taiwan)" for both E-1 and E-2, with the treaty in force since November 30, 1948.[2,4]

The State Department notes that, under Section 6 of the Taiwan Relations Act, this agreement from before January 1, 1979 is administered on a nongovernmental basis by the American Institute in Taiwan (AIT).[2,4]

U.S.–Taiwan relations run through AIT and its U.S. counterpart, the Taipei Economic and Cultural Representative Office (TECRO). A separate State Department rule classifies certain TECRO staff as E-1; it does not change how private investors apply.[2,10]

Taiwan residents apply for E visas through AIT. The State Department asks nonimmigrant visa applicants to schedule their interview in their country of residence or nationality.[11,12]

Nationality is decided by the treaty country's own law. When the investor is a company, ownership is traced as far as practicable to the individuals who ultimately own it.[3]

The statute adds a rule for citizenship acquired through investment: if you obtained the treaty nationality through a financial investment and have never held E status, you must have been domiciled in that country for at least 3 continuous years before applying for the E visa.[8]

The treaty list does not include the People's Republic of China, India or Vietnam, so nationals of those countries cannot qualify for E-2 on that nationality.[2,4]

Core requirements

An E-2 investor must show all of these

  • Treaty nationality: you, or owners of at least 50% of the business, have the treaty country's nationality.[2,3]
  • Invested or actively investing: the money is already in the business, or irrevocably committed while you are close to starting operations. Money that is merely set aside does not count.[2]
  • At risk and irrevocably committed: the capital must be exposed to partial or total loss if the business fails. Holding funds in escrow until the visa is decided is an accepted way to commit them.[2,3]
  • Substantial: measured with a proportionality test against the cost of buying or starting this type of business. There is no fixed dollar minimum.[2,3]
  • Real and operating: an active business that produces goods or services for profit and meets local legal requirements — not a paper company or an idle investment such as undeveloped land.[2,3]
  • Not marginal: the business must have the present or future capacity to earn more than a minimal living for you and your family, or to make a significant economic contribution, generally within 5 years of starting normal operations.[1,3]
  • Develop and direct: you control the business through at least 50% ownership, operational control through a managerial position, or other means.[1,3]
  • Lawful source: the funds and assets were not obtained, directly or indirectly, through criminal activity. The consular officer may ask for whatever documents are needed to trace them.[2,3]
  • Intent to depart: you intend to leave when E-2 status ends. You do not need to keep a residence abroad; a clear statement of that intent is normally enough.[2,3]

Usually counts toward the investment

  • Savings, gifts, inheritance or other lawful funds that you possess and control; the money does not have to come from outside the U.S.[2]
  • Loans secured by your own personal assets, such as a second mortgage on your home, or unsecured loans on your personal signature.[2]
  • Money spent on equipment and inventory, and goods or machinery transferred to the U.S. business for its operations.[2]
  • Rent or lease payments, generally only up to the amount paid in any one month, unless you have paid in advance.[2]

Usually does not count

  • Loans or mortgages secured by the business's own assets — they carry no personal risk.[2]
  • Uncommitted money sitting in a bank account, or a plan to invest with no present commitment.[2]
  • Idle or speculative holdings, such as undeveloped land or stock you hold without directing the business.[2]
  • Inheriting a business: the inheritance of the business itself is not an investment.[2]

The proportionality test works like an inverted sliding scale: the lower the cost of the business, the higher the share of that cost you are expected to invest. The FAM's own examples: 100% of a $100,000 start-up would normally qualify, and $10 million in a $100 million business may qualify because of its size.[2,3]

For an existing business, the cost is generally its purchase price (normally fair market value). For a new business, it is the actual cost to make it operational, shown through invoices, contracts, appraisals and similar records.[2]

Evidence to prepare

Typical evidence (the FAM checklist is a guide, not a required list)

  • Ownership and nationality: passports, investor lists showing nationality, stock certificates or share registers; for a company, show who ultimately owns it.[2,13]
  • The investment: purchase agreements, escrow records, articles of incorporation, lease payments, business licenses, invoices for equipment and inventory, and business bank statements.[2,13]
  • Source of funds: records that trace where the money came from, such as sale of property, bank statements and accountant-prepared net-worth statements.[2]
  • For a new business: financial projections for the next 5 years supported by a thorough business plan. For an existing one: tax returns, financial statements and payroll records.[2]
  • Employees only: evidence of executive or supervisory duties or essential skills, such as diplomas, job letters and duty descriptions.[13]

At a consulate, every E-2 applicant files Form DS-160. E-2 employees and managers also file Form DS-156E; principal investors do not, because those questions are built into the investor's DS-160. Family members do not file DS-156E.[2]

Unverified, unaudited financial statements based only on information you supplied are normally not enough to establish the nature and status of the business.[2]

Applying at a consulate (most E-2 cases)

  1. Build the file

    Assemble evidence of nationality, ownership, the investment, the source of funds and the business's operations. The burden of proof is on you, and the officer may ask for more documents.[2]

  2. Forms

    Complete Form DS-160; employees and managers add Form DS-156E.[2]

  3. Fee and appointment

    Pay the E visa application fee ($315) and book an interview in your country of residence or nationality. A reciprocity issuance fee may also apply depending on your nationality.[12,14]

  4. Interview

    The officer decides whether each E-2 requirement is met. The FAM notes that many E standards involve judgment and tells officers to be flexible, fair and uniform.[2]

  5. Visa and entry

    If approved, the visa validity follows the reciprocity schedule for your nationality. At the border, U.S. Customs and Border Protection (CBP) admits you and sets your I-94 period, up to 2 years.[2,3,15]

If the visa is refused: 214(b) and 221(g)

Section 214(b) of the Immigration and Nationality Act (INA) is the most common refusal ground for nonimmigrant visas. For E-2, it means the officer was not satisfied that you meet an E-2 requirement; the FAM's own example is a treaty investor who did not show a substantial investment.[16]

A 214(b) refusal is not a permanent bar. You can reapply, and the refusal can be overcome in a later application that shows you meet the requirements.[16]

Section 221(g) applies when the application does not comply with legal requirements — for example, required information or documents are missing or the fee is unpaid. It is legally a refusal even if later overcome, and the application can be reconsidered once you provide what was missing. There is no waiver for 221(g).[16]

High confidence In practice: a 221(g) is resolved by supplying what was missing in the same case, while a 214(b) calls for a new application that shows the requirements are met.[16]

Your spouse and children are also subject to 214(b) when they apply as E dependents.[2]

A consular refusal cannot be appealed to USCIS on Form I-290B.[17]

Fees

Current fees (check the official fee schedule before paying)
ItemAmountWhen it applies
Form I-129 (E-2), paper$1,015Change of status or extension filed with USCIS
Form I-129 (E-2), online$965Same filing, submitted online
Form I-129, small employer or nonprofit$51025 or fewer full-time-equivalent U.S. employees, or a qualifying nonprofit
Asylum Program Fee$600 / $300 / $0Added to every I-129: regular / small employer / nonprofit
Form I-907 premium processing$2,965Optional, I-129 only
Form I-539 for spouse and children$470 paper / $420 onlineDependents changing or extending status in the U.S.
E visa application fee (consulate)$315Each consular application; a reciprocity fee may be added
Checked Sep 27, 2026[5,13,14,18,19,20]

Filings with an incorrect fee are rejected, so check the current USCIS fee schedule (Form G-1055) before paying. Form I-129 for E-2 can be filed online through PDF upload.[18,21]

Premium processing (I-129 only)

If you file Form I-129 for an E-2 change of status or extension, you can add Form I-907. USCIS must take action — approve, deny, or issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) — within 15 business days, or refund the premium fee.[5,6]

The premium processing fee for E-2 has been $2,965 since March 1, 2026.[5,7,18]

An RFE or NOID stops the clock; a new 15-business-day period starts when USCIS receives your response. Business days exclude weekends, federal holidays and days federal offices are closed.[5]

Premium processing does not apply to visa applications at a consulate, and USCIS does not offer it for dependents' Form I-539 filed with an I-129 petition.[6]

Renewals, extensions and travel

High confidence Your visa and your status are different. The visa is the entry document from the consulate; how long you may stay is the date on your I-94 arrival record, set when you are admitted.[1,2,3,13]

Each admission as an E-2 investor or employee is for up to 2 years. When you travel abroad and are readmitted, CBP generally grants a new 2-year period.[1,3]

Inside the U.S., you can request an extension on Form I-129 in steps of up to 2 years. There is no set limit on the number of extensions, but you must keep the intent to depart when E-2 status ends.[1,3]

To be granted an extension, you must show that you maintained the terms of E-2 status at all times and were physically in the U.S. when you filed.[3]

If your I-94 expires while a timely extension is pending, you may keep working for the same treaty enterprise for up to 240 days.[22]

High confidence A new visa requires a new application, including a new DS-160. Visa validity follows the reciprocity schedule for your nationality, so the visa may expire before or after your I-94 date.[2,15]

Substantive changes — such as a merger, an acquisition, or the sale of the division where you work — need USCIS approval on a new I-129, or a new visa that reflects the change. Non-substantive changes do not.[1,3]

Employees admitted for start-up skills are presumed to finish their work within 2 years and, absent special circumstances, are generally not granted extensions.[3]

Spouse and children

Your spouse and unmarried children under 21 can hold E-2 dependent status, whatever their nationality.[1,3]

Spouses in E-2 status are authorized to work incident to status. An unexpired I-94 showing "E-2S" is acceptable proof for Form I-9; an Employment Authorization Document (EAD) is optional.[1,23]

USCIS and CBP began issuing I-94s with the E-2S code on January 30, 2022. Spouses holding an older I-94 marked "E-2" receive a USCIS notice that, together with the I-94, serves as proof.[1]

Children receive the E-2Y admission code, which does not authorize employment.[2]

Family members already in the U.S. change or extend status together on one Form I-539 with fee.[1]

E-2 and a green card

High confidence E-2 does not lead to permanent residence by itself. You must keep the intent to depart when your status ends.[3]

An approved labor certification, or a filed or approved immigrant petition, cannot by itself be the reason E admission, a change of status or an extension is denied.[3]

At a consulate, an applicant who is the beneficiary of an immigrant petition must satisfy the officer that they intend to leave at the end of their authorized stay rather than stay to adjust status.[2]

High confidence A green card needs its own basis, such as an employer-sponsored petition (for example EB-1C for a multinational manager, if a qualifying related company abroad exists) or a self-petition such as EB-2 national interest waiver. Each has separate requirements.[24,25]

Common mistakes

  • Counting money that is still uncommitted in a bank account as "invested."[2]
  • Funding the business with loans secured by the business's own assets, which do not count.[2]
  • High confidence Reading "no minimum" as "any amount": a small investment can still fail the proportionality test.[2,3]
  • High confidence A business plan that only supports your own household, with no path beyond a minimal living within 5 years.[2,3]
  • Holding less than 50% without another form of control, such as operational control through a managerial position.[3]
  • Not documenting where the money came from.[2,3]
  • Selling, merging or restructuring the business without a new I-129 or a new visa.[1,3]
  • Working for a company other than the treaty enterprise; an unauthorized change of employer is a failure to maintain status.[3,22]
  • Letting a family member's I-94 lapse because only the investor traveled.[1]
  • Filing an I-129 without the required initial evidence: since August 5, 2026, USCIS may deny without first sending an RFE.[26,27]
  • Using an old I-129 edition: filings postmarked or submitted on or after November 9, 2026 must use the 09/09/26 edition.[9]

After you file Form I-129 (inside the U.S.)

  1. Receipt

    USCIS issues a receipt notice. With premium processing, the 15-business-day clock starts when USCIS receives the forms and fees.[5,6]

  2. Review

    An officer may approve, issue an RFE or NOID, or deny. Under policy effective August 5, 2026, USCIS may deny without an RFE when required initial evidence is missing.[26,27]

  3. Responding

    USCIS sets the RFE deadline, up to 12 weeks; a NOID allows up to 30 days; 3 days are added if the notice is mailed. No extra time can be granted, and a partial response is treated as a request for a decision.[27,28]

  4. Decision

    High confidence An approval notice is not a visa: to return after international travel, you generally need an unexpired E visa. A denied extension of stay cannot be appealed.[3,29]

Processing time (I-129 path)

This covers USCIS processing of Form I-129 only. Consular appointment waits are set by each embassy or consulate.

USCIS published processing time

Official

USCIS's processing-times site refuses automated requests, so we don't have a current figure yet. Check it directly: USCIS processing times

Recent policy changes

  • March 1, 2026: premium processing fees rose; E-2 I-129 is now $2,965.[5,7]
  • August 5, 2026: USCIS policy restored officers' discretion to deny without an RFE or NOID when required initial evidence is missing, and ended the extra 14 days for notices mailed abroad.[26]
  • August 11, 2026: an interim final rule lets USCIS require online filing for a form that has been available online for at least 180 days, after at least 60 days' public notice.[30]
  • Proposed September 11, 2026: the Department of Homeland Security (DHS) would remove the up-to-60-day grace period after employment ends for E-2 and other worker categories. Comments are due November 10, 2026; the current grace period stays in effect until a final rule takes effect.[29,31]
  • October 7, 2026: USCIS changed the mailing addresses for paper Form I-129 petitions. Petitions sent to a previous address are accepted if postmarked on or before November 9, 2026.[9]

Recent policy changes

Official

Updates

Ask WELIVEINUSA Visa

Ask WELIVEINUSA Visa

Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".

Questions people ask

How does E-2 renewal work?

High confidence There are three different things. Your status can be extended inside the U.S. on Form I-129 in steps of up to 2 years, with no set limit. Each time you travel and are readmitted, CBP generally grants a new 2-year stay. The visa itself is renewed through a new consular application with a new DS-160, and its validity follows your nationality's reciprocity schedule.[1,2,3,15]

Can my spouse work?

Yes. E-2 spouses are authorized to work incident to status. An unexpired I-94 showing E-2S is acceptable proof of work authorization; applying for an EAD is optional.[1]

What is the minimum investment?

There is no fixed minimum. The investment must be substantial in proportion to the cost of buying or starting the business, sufficient to show your commitment, and large enough to make success likely. The lower the cost of the business, the higher the percentage you are expected to invest.[2,3]

Can I get a green card from E-2?

High confidence Not directly. E-2 is a nonimmigrant status with no green-card track of its own. You would need a separate immigrant petition, such as an employer-sponsored petition or a self-petition. A filed or approved immigrant petition cannot by itself be the reason an E extension is denied, but at a consulate you must still show you intend to leave when your E status ends.[2,3]

Can Taiwanese citizens apply, and where?

Yes. Taiwan is listed as "China (Taiwan)" for E-1 and E-2, with the treaty in force since November 30, 1948 and administered by the American Institute in Taiwan (AIT). Taiwan residents apply through AIT.[2,4,11]

I'm a citizen of mainland China, India or Vietnam. Can I use E-2?

Not on that nationality, because those countries are not on the treaty list. If you hold another nationality that is on the list, E-2 eligibility depends on it; if that nationality was acquired through investment and you have never held E status, you must also have been domiciled in that country for at least 3 continuous years.[2,4,8]

Can my children work?

No. Children in E-2 status receive the E-2Y admission code, which does not authorize employment.[2]

Can I buy an existing business instead of starting one?

Yes. For an established business, the cost used in the proportionality test is generally the purchase price, normally its fair market value. A purchase conditioned on visa issuance can still count as committed if the funds are held in escrow for release once the condition is met.[2]

Do I need an office?

Not necessarily. The State Department says physical office space may be relevant but is not a requirement for an E visa. The business must still be real, active and operating.[2,3]

Can I work for another company while on E-2?

No. E-2 investors and employees may work only for the treaty enterprise through which they obtained the status; an unauthorized change of employer is a failure to maintain status.[3,22]

Related categories

Content last reviewed: Sep 27, 2026 · General information, not legal advice.

Sources

  1. 1.E-2 Treaty Investors - USCISUSCIS · Agency page · Checked Sep 27, 2026
  2. 2.9 FAM 402.9 - Treaty Traders, Investors, and Specialty Occupations (E visas)U.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Sep 27, 2026
  3. 3.8 CFR 214.2(e) - Treaty traders and investorseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  4. 4.Treaty Countries (E-1 and E-2) - travel.state.govU.S. Department of State · Agency page · Checked Sep 27, 2026
  5. 5.8 CFR 106.4 - Premium processing serviceeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  6. 6.How Do I Request Premium Processing? - USCISUSCIS · Agency page · Checked Sep 27, 2026
  7. 7.Adjustment to Premium Processing Fees - final rule (91 FR 1059)DHS (Federal Register) · Federal Register · Published Jan 12, 2026 · Checked Sep 27, 2026
  8. 8.8 U.S.C. 1101 (INA 101) - Definitions, incl. 101(a)(15)(E), (H), (L), 101(a)(44), 101(a)(45)U.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
  9. 9.I-129, Petition for a Nonimmigrant Worker - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  10. 10.9 FAM 402.3 - Foreign government officials (incl. 402.3-5(I) AIT and TECRO)U.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Sep 27, 2026
  11. 11.Visas - American Institute in TaiwanAmerican Institute in Taiwan (AIT) · Agency page · Checked Sep 27, 2026
  12. 12.Visa Important Notices - American Institute in TaiwanAmerican Institute in Taiwan (AIT) · Agency page · Checked Sep 27, 2026
  13. 13.Instructions for Form I-129 (edition 09/09/26)USCIS · Form / instructions · Checked Sep 27, 2026
  14. 14.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  15. 15.22 CFR 41.112 - Validity of visaeCFR (Office of the Federal Register) · Regulation · Checked Oct 12, 2026
  16. 16.9 FAM 302.1 - Ineligibility based on inadequate documentation (INA 214(b), 221(g))U.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Sep 27, 2026
  17. 17.I-290B, Notice of Appeal or Motion - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  18. 18.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  19. 19.8 CFR 106.2 - USCIS feeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  20. 20.8 CFR 106.1 - Fee requirements (definitions)eCFR (Office of the Federal Register) · Regulation · Checked Oct 12, 2026
  21. 21.Forms Available to File Online - USCISUSCIS · Agency page · Checked Oct 12, 2026
  22. 22.8 CFR 274a.12 - Classes of aliens authorized to accept employmenteCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  23. 23.8 U.S.C. 1184 (INA 214) - Admission of nonimmigrantsU.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
  24. 24.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  25. 25.I-140, Immigrant Petition for Alien Workers - USCISUSCIS · Form / instructions · Checked Sep 27, 2026
  26. 26.Policy Alert PA-2026-05: Evidence, Requests for Evidence, and Notices of Intent to DenyUSCIS · USCIS Policy Manual · Published Aug 5, 2026 · Checked Sep 27, 2026
  27. 27.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  28. 28.8 CFR 103.2 - Submission and adjudication of benefit requestseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  29. 29.8 CFR 214.1 - Requirements for admission, extension, and maintenance of statuseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  30. 30.Mandatory Electronic Filing (e-Filing) - interim final rule (91 FR 51924)DHS (Federal Register) · Federal Register · Published Aug 11, 2026 · Checked Sep 27, 2026
  31. 31.Eliminating the Discretionary 60-Day Grace Period - proposed rule (91 FR 57807)DHS (Federal Register) · Federal Register · Published Sep 11, 2026 · Checked Sep 27, 2026