A treaty country is a country with which the United States maintains a treaty of commerce and navigation, a qualifying international agreement, or a qualifying country by legislation. Please click here for a current list of countries with which the United States maintains a treaty of commerce and navigation.

General Qualifications of an E-2 Investor

To qualify for E-2 classification, you must:

1. Be a national of a country with which the United States maintains a treaty of commerce and navigation. Please click here for a current list of countries;
2. Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; AND
3. Be seeking to enter/stay in the United States only to develop and direct the investment enterprise. You can establish this factor by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

What are the requirements for E-2 investment?

The E-2 investor should place his funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The source of funds must be lawful and The E-2 investor must be to show it.

A substantial amount of capital is:

1. Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
2. Sufficient to ensure the E-2 investor’s financial commitment to the successful operation of the enterprise
3. Of a magnitude to support the likelihood that E-2 investors will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

What is a bona fide enterprise?

A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking that produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

The E-2 investment enterprise may not be marginal. 

A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins. 

How long can I stay in the US on E-2 status?

Qualified E-2 investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-2 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States if determined admissible by a U.S. Customs and Border Patrol Officer.

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. Spouses and children may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.  If the family members are already in the United States, they may seek changes of status or extensions of stay in an E-2 dependent classification.

Spouses of E-2 workers in valid E-2 or E-2S status are considered employment authorized incident to status, except for spouses of long-term investors in the Commonwealth of the Northern Mariana Islands (E-2 CNMI Investors) who are required to apply for employment authorization. For more information, click here.